As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                        Am. Sub. H. B. No. 2     5            

      1997-1998                                                    6            


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

    BATEMAN-WINKLER-NETZLEY-SCHURING-FOX-TIBERI-MYERS-TAYLOR-      9            

    WILLAMOWSKI-TERWILLEGER-JOHNSON-CORBIN-JOLIVETTE-HARRIS-       10           

    BUCHY-SAWYER-MOTTL-PADGETT-SULZER-BRADING-HODGES-THOMAS-       11           

           CORE-KRUPINSKI-HOTTINGER-REID-COLONNA-MASON             12           


                                                                   14           

                           A   B I L L                                          

             To amend sections 109.57, 109.60, 109.61, 2151.18,    16           

                2151.313, 2151.355, 2151.356, 2929.14, 2933.41,    17           

                2933.43, 2933.44, 3719.11, 3719.21, 3767.02, and   18           

                4729.65 and to enact sections 2923.41 to 2923.47   19           

                and 2941.142 of the Revised Code to establish the  20           

                offense of participating in a criminal gang, to    22           

                enhance the penalty imposed upon an offender or    23           

                delinquent child who commits a felony that is an   25           

                offense of violence while participating in a       27           

                criminal gang, to prescribe procedures for the     28           

                forfeiture and disposition of property relating    29           

                to participating in a criminal gang, to modify     30           

                the juvenile fingerprinting laws, and to maintain  32           

                the provisions  of this act on and after July 1,   34           

                1998, by amending the version  of section          35           

                2151.355 of the Revised Code that takes effect on  37           

                that date.                                         38           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        40           

      Section 1.  That sections 109.57, 109.60, 109.61, 2151.18,   42           

2151.313, 2151.355, 2151.356, 2929.14, 2933.41, 2933.43, 2933.44,  44           

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,     46           

                                                          2      

                                                                 
and 2941.142 of the Revised Code be enacted to read as follows:    48           

      Sec. 109.57.  (A)(1)  As used in this section:               57           

      (a)  "Designated delinquent act or juvenile offense" means   59           

any of the following:                                              60           

      (i)  Any category one offense or category two offense;       63           

      (ii)  Any violation of section 2907.03, 2907.04, or 2907.05  65           

of the Revised Code;                                               66           

      (iii)  Any violation of section 2907.12 of the Revised Code  69           

as it existed prior to September 3, 1996;                                       

      (iv)  Any attempt to commit a violation of section 2907.02,  71           

2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a    72           

violation of section 2907.12 of the Revised Code as it existed     73           

prior to September 3, 1996;                                        74           

      (v)  A violation of any law that arose out of the same       76           

facts and circumstances as did a charge against the child of a     77           

violation of section 2907.02, 2907.03, 2907.04, or 2907.05 of the  79           

Revised Code that previously was dismissed or as did a charge      80           

against the child of a violation of section 2907.12 of the         81           

Revised Code as it existed prior to September 3, 1996, that        82           

previously was dismissed;                                                       

      (vi)  Any violation of section 2905.02 or 2919.23 of the     84           

Revised Code that would have been a violation of section 2905.04   85           

of the Revised Code as it existed prior to July 1, 1996, had the   86           

violation been committed prior to that date.                       87           

      (b)  "Category one offense" and "category two offense" have  89           

the same meanings as in section 2151.26 of the Revised Code.       91           

      (2)  The superintendent of the bureau of criminal            94           

identification and investigation shall procure from wherever                    

procurable and file for record photographs, pictures,              96           

descriptions, fingerprints, measurements, and other information    97           

that may be pertinent of all persons who have been convicted of    98           

committing within this state a felony, any crime constituting a    100          

misdemeanor on the first offense and a felony on subsequent                     

offenses, or any misdemeanor described in division (A)(1)(a) of    102          

                                                          3      

                                                                 
section 109.572 of the Revised Code, of all children fourteen      103          

years of age or older and under eighteen years of age who have     104          

been adjudicated delinquent children for committing within this    105          

state a designated delinquent AN act or juvenile THAT WOULD BE A   106          

FELONY OR AN offense OF VIOLENCE IF COMMITTED BY AN ADULT or who   107          

have been convicted of or pleaded guilty to committing within      109          

this state a designated delinquent act or juvenile FELONY OR AN    111          

offense OF VIOLENCE, and of all well-known and habitual            112          

criminals.  The person in charge of any county, multicounty,       114          

municipal, municipal-county, or multicounty-municipal jail or      115          

workhouse, community-based correctional facility, halfway house,   116          

alternative residential facility, or state correctional            117          

institution and the person in charge of any state institution      118          

having custody of a person suspected of having committed a         119          

felony, any crime constituting a misdemeanor on the first offense  120          

and a felony on subsequent offenses, or any misdemeanor described  121          

in division (A)(1)(a) of section 109.572 of the Revised Code or    122          

having custody of a child fourteen years of age or older and       125          

under eighteen years of age with respect to whom there is                       

probable cause to believe that the child may have committed a      127          

designated delinquent AN act or juvenile THAT WOULD BE A FELONY    128          

OR AN offense OF VIOLENCE IF COMMITTED BY AN ADULT shall furnish   129          

such material to the superintendent of the bureau.  Fingerprints,  132          

photographs, or other descriptive information of a child who is    133          

under eighteen years of age, has not been arrested or otherwise    134          

taken into custody for committing an act that is WOULD BE a        135          

designated delinquent act FELONY or juvenile AN offense OF         136          

VIOLENCE IF COMMITTED BY AN ADULT, has not been adjudicated a      138          

delinquent child for committing a designated delinquent AN act or  140          

juvenile THAT WOULD BE A FELONY OR AN offense OF VIOLENCE IF       141          

COMMITTED BY AN ADULT, has not been convicted of or pleaded        142          

guilty to committing a designated delinquent act FELONY or         143          

juvenile AN offense OF VIOLENCE, and is not a child with respect   144          

to whom there is probable cause to believe that the child may      146          

                                                          4      

                                                                 
have committed a designated delinquent AN act or juvenile THAT     147          

WOULD BE A FELONY OR AN offense OF VIOLENCE IF COMMITTED BY AN     148          

ADULT shall not be procured by the superintendent or furnished by  149          

any person in charge of any county, multicounty, municipal,        151          

municipal-county, or multicounty-municipal jail or workhouse,      152          

community-based correctional facility, halfway house, alternative  153          

residential facility, or state correctional institution, except    154          

as authorized in section 2151.313 of the Revised Code.             155          

      (3)(2)  Every clerk of a court of record in this state,      158          

other than the supreme court or a court of appeals, shall send to  159          

the superintendent of the bureau a weekly report containing a      161          

summary of each case involving a felony, involving any crime       162          

constituting a misdemeanor on the first offense and a felony on    164          

subsequent offenses, involving a misdemeanor described in          165          

division (A)(1)(a) of section 109.572 of the Revised Code, or      166          

involving an adjudication that a child under eighteen years of     167          

age is A delinquent child for committing a designated delinquent   169          

AN act THAT WOULD BE A FELONY or juvenile AN offense OF VIOLENCE   170          

IF COMMITTED BY AN ADULT.  The clerk of the court of common pleas  172          

shall include in the report and summary the clerk sends under      173          

this division all information described in divisions (A)(3)(2)(a)  174          

to (f) of this section regarding a case before the court of        175          

appeals that is served by that clerk.  The summary shall be        176          

written on the standard forms furnished by the superintendent      178          

pursuant to division (B) of this section and shall include the     179          

following information:                                                          

      (a)  The incident tracking number contained on the standard  181          

forms furnished by the superintendent pursuant to division (B) of  182          

this section;                                                      183          

      (b)  The style and number of the case;                       185          

      (c)  The date of arrest;                                     187          

      (d)  The date that the person was convicted of or pleaded    189          

guilty to the offense, adjudicated a delinquent child for          190          

committing the act that is WOULD BE a designated delinquent act    192          

                                                          5      

                                                                 
FELONY or juvenile AN offense OF VIOLENCE IF COMMITTED BY AN       193          

ADULT, found not guilty of the offense, or found not to be a       194          

delinquent child for committing an act that is WOULD BE a          195          

designated delinquent act FELONY or juvenile AN offense OF         197          

VIOLENCE IF COMMITTED BY AN ADULT, the date of an entry                         

dismissing the charge, an entry declaring a mistrial of the        199          

offense in which the person is discharged, an entry finding that   200          

the person or child is not competent to stand trial, or an entry   201          

of a nolle prosequi, or the date of any other determination that   202          

constitutes final resolution of the case;                                       

      (e)  A statement of the original charge with the section of  204          

the Revised Code that was alleged to be violated;                  205          

      (f)  If the person or child was convicted, pleaded guilty,   207          

or was adjudicated a delinquent child, the sentence or terms of    209          

probation imposed or any other disposition of the offender or the  210          

delinquent child.                                                               

      If the offense involved the disarming of a law enforcement   212          

officer or an attempt to disarm a law enforcement officer, the     213          

clerk shall clearly state that fact in the summary, and the        214          

superintendent shall ensure that a clear statement of that fact    215          

is placed in the bureau's records.                                              

      (4)(3)  The superintendent shall cooperate with and assist   217          

sheriffs, chiefs of police, and other law enforcement officers in  219          

the establishment of a complete system of criminal identification  220          

and in obtaining fingerprints and other means of identification    221          

of all persons arrested on a charge of a felony, any crime         222          

constituting a misdemeanor on the first offense and a felony on    223          

subsequent offenses, or a misdemeanor described in division        224          

(A)(1)(a) of section 109.572 of the Revised Code and of all        225          

children fourteen years of age or older and under eighteen years   227          

of age arrested or otherwise taken into custody for committing a   228          

designated delinquent AN act or juvenile THAT WOULD BE A FELONY    229          

OR AN offense OF VIOLENCE IF COMMITTED BY AN ADULT.  The           230          

superintendent also shall file for record the fingerprint          232          

                                                          6      

                                                                 
impressions of all persons confined in a county, multicounty,                   

municipal, municipal-county, or multicounty-municipal jail or      233          

workhouse, community-based correctional facility, halfway house,   234          

alternative residential facility, or state correctional            235          

institution for the violation of state laws and of all children    237          

fourteen years of age or older and under eighteen years of age     238          

who are confined in a county, multicounty, municipal,              239          

municipal-county, or multicounty-municipal jail or workhouse,      240          

community-based correctional facility, halfway house, alternative  241          

residential facility, or state correctional institution or in any  243          

facility for delinquent children for committing a designated       244          

delinquent AN act or juvenile THAT WOULD BE A FELONY OR AN         246          

offense OF VIOLENCE IF COMMITTED BY AN ADULT, and any other                     

information that the superintendent may receive from law           248          

enforcement officials of the state and its political               249          

subdivisions.                                                                   

      (5)(4)  The superintendent shall carry out Chapter 2950. of  251          

the Revised Code with respect to the registration of persons who   254          

are convicted of or plead guilty to a sexually oriented offense    255          

and with respect to all other duties imposed on the bureau under   256          

that chapter.                                                                   

      (B)  The superintendent shall prepare and furnish to every   258          

county, multicounty, municipal, municipal-county, or               259          

multicounty-municipal jail or workhouse, community-based           260          

correctional facility, halfway house, alternative residential      261          

facility, or state correctional institution and to every clerk of  262          

a court in this state specified in division (A)(3)(2) of this      263          

section standard forms for reporting the information required      264          

under divisions DIVISION (A)(2) to (5) of this section.  The       266          

standard forms that the superintendent prepares pursuant to this   267          

division may be in a tangible format, in an electronic format, or               

in both tangible formats and electronic formats.                   268          

      (C)  The superintendent may operate a center for             270          

electronic, automated, or other data processing for the storage    271          

                                                          7      

                                                                 
and retrieval of information, data, and statistics pertaining to   272          

criminals and to children under eighteen years of age who are      273          

adjudicated delinquent children for committing a designated        274          

delinquent AN act or juvenile THAT WOULD BE A FELONY OR AN         275          

offense OF VIOLENCE IF COMMITTED BY AN ADULT, criminal activity,   276          

crime prevention, law enforcement, and criminal justice, and may   279          

establish and operate a statewide communications network to        280          

gather and disseminate information, data, and statistics for the   281          

use of law enforcement agencies.  The superintendent may gather,   282          

store, retrieve, and disseminate information, data, and            283          

statistics that pertain to children who are under eighteen years   284          

of age and that are gathered pursuant to sections 109.57 to        285          

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

statistics that pertain to adults and that are gathered pursuant   286          

to those sections.                                                 287          

      (D)  The information and materials furnished to the          289          

superintendent pursuant to divisions DIVISION (A)(2) to (5) of     291          

this section and information and materials furnished to any board  292          

or person under division (F) or (G) of this section are not        293          

public records under section 149.43 of the Revised Code.           294          

      (E)  The attorney general shall adopt rules, in accordance   296          

with Chapter 119. of the Revised Code, setting forth the           297          

procedure by which a person may receive or release information     298          

gathered by the superintendent pursuant to divisions DIVISION      300          

(A)(2) to (5) of this section.  A reasonable fee may be charged    301          

for this service.  If a temporary employment service submits a     302          

request for a determination of whether a person the service plans  303          

to refer to an employment position has been convicted of or        304          

pleaded guilty to an offense listed in division (A)(1), (3), (4),  305          

or (5) of section 109.572 of the Revised Code, the request shall   306          

be treated as a single request and only one fee shall be charged.  307          

      (F)(1)  As used in division (F)(2) of this section, "head    309          

start agency" means an entity in this state that has been          310          

approved to be an agency for purposes of subchapter II of the      311          

                                                          8      

                                                                 
"Community Economic Development Act," 95 Stat. 489 (1981), 42      312          

U.S.C.A. 9831, as amended.                                         313          

      (2)(a)  In addition to or in conjunction with any request    315          

that is required to be made under section 109.572, 2151.86,        316          

3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013,          317          

5126.28, 5126.281, or 5153.111 of the Revised Code, the board of   318          

education of any school district; any county board of mental       319          

retardation and developmental disabilities; any entity under       320          

contract with a county board of mental retardation and             321          

developmental disabilities; the chief administrator of any         322          

chartered nonpublic school; the chief administrator of any home    323          

health agency; the chief administrator of or person operating any  324          

child day-care center, type A family day-care home, or type B      325          

family day-care home licensed or certified under Chapter 5104. of  326          

the Revised Code; the administrator of any type C family day-care  327          

home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st  328          

general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st    329          

general assembly; the chief administrator of any head start        330          

agency; or the executive director of a public children services    331          

agency may request that the superintendent of the bureau           332          

investigate and determine, with respect to any individual who has  333          

applied for employment in any position after October 2, 1989, or   334          

any individual wishing to apply for employment with a board of     335          

education may request, with regard to the individual, whether the  337          

bureau has any information gathered under divisions DIVISION       338          

(A)(2) to (5) of this section that pertains to that individual.    340          

On receipt of the request, the superintendent shall determine      341          

whether that information exists and, upon request of the person,   342          

board, or entity requesting information, also shall request from   343          

the federal bureau of investigation any criminal records it has    344          

pertaining to that individual.  Within thirty days of the date     345          

that the superintendent receives a request, the superintendent     347          

shall send to the board, entity, or person a report of any         348          

information that the superintendent determines exists, including   350          

                                                          9      

                                                                 
information contained in records that have been sealed under       351          

section 2953.32 of the Revised Code, and, within thirty days of    352          

its receipt, shall send the board, entity, or person a report of   353          

any information received from the federal bureau of                354          

investigation, other than information the dissemination of which   355          

is prohibited by federal law.                                                   

      (b)  When a board of education is required to receive        357          

information under this section as a prerequisite to employment of  358          

an individual pursuant to section 3319.39 of the Revised Code, it  359          

may accept a certified copy of records that were issued by the     361          

bureau of criminal identification and investigation and that are                

presented by an individual applying for employment with the        362          

district in lieu of requesting that information itself.  In such   363          

a case, the board shall accept the certified copy issued by the    364          

bureau in order to make a photocopy of it for that individual's    365          

employment application documents and shall return the certified    366          

copy to the individual.  In a case of that nature, a district      367          

only shall accept a certified copy of records of that nature       368          

within one year after the date of their issuance by the bureau.    370          

      (3)  The state board of education may request, with respect  372          

to any individual who has applied for employment after October 2,  373          

1989, in any position with the state board or the department of    374          

education, any information that a school district board of         375          

education is authorized to request under division (F)(2) of this   377          

section, and the superintendent of the bureau shall proceed as if  378          

the request has been received from a school district board of      379          

education under division (F)(2) of this section.                   380          

      (4)  When the superintendent of the bureau receives a        382          

request for information that is authorized under section 3319.291  383          

of the Revised Code, the superintendent shall proceed as if the    384          

request has been received from a school district board of          385          

education under division (F)(2) of this section.                   386          

      (G)  In addition to or in conjunction with any request that  389          

is required to be made under section 173.41, 3701.881, 3712.09,    390          

                                                          10     

                                                                 
3721.121, or 3722.151 of the Revised Code with respect to an       392          

individual who has applied for employment in a position that       393          

involves providing direct care to an older adult, the chief                     

administrator of a PASSPORT agency that provides services through  394          

the PASSPORT program created under section 173.40 of the Revised   395          

Code, home health agency, hospice care program, home licensed      397          

under Chapter 3721. of the Revised Code, adult day-care program    398          

operated pursuant to rules adopted under section 3721.04 of the    399          

Revised Code, or adult care facility may request that the          401          

superintendent of the bureau investigate and determine, with       402          

respect to any individual who has applied after January 27, 1997,  404          

for employment in a position that does not involve providing       405          

direct care to an older adult, whether the bureau has any          406          

information gathered under division (A) of this section that       407          

pertains to that individual.  On receipt of the request, the       408          

superintendent shall determine whether that information exists     409          

and, on request of the administrator requesting information,       410          

shall also request from the federal bureau of investigation any    411          

criminal records it has pertaining to that individual.  Within     412          

thirty days of the date a request is received, the superintendent  413          

shall send to the administrator a report of any information        415          

determined to exist, including information contained in records    416          

that have been sealed under section 2953.32 of the Revised Code,   417          

and, within thirty days of its receipt, shall send the             418          

administrator a report of any information received from the        419          

federal bureau of investigation, other than information the        420          

dissemination of which is prohibited by federal law.               421          

      (H)  Information obtained by a board, administrator, or      424          

other person under this section is confidential and shall not be   425          

released or disseminated.                                                       

      (I)  The superintendent may charge a reasonable fee for      427          

providing information or criminal records under division (F)(2)    428          

or (G) of this section.                                            429          

      Sec. 109.60.  (A)  As used in this section, "designated      438          

                                                          11     

                                                                 
delinquent act or juvenile offense" has the same meaning as in     439          

section 109.57 of the Revised Code.                                440          

      (B)(1)  The sheriffs of the several counties and the chiefs  443          

of police of cities, immediately upon the arrest of any person     444          

for any felony, on suspicion of any felony, for a crime            445          

constituting a misdemeanor on the first offense and a felony on    446          

subsequent offenses, or for any misdemeanor described in division  447          

(A)(1)(a) of section 109.572 of the Revised Code, and immediately  448          

upon the arrest or taking into custody of any child fourteen       450          

years of age or older and under eighteen years of age for          452          

committing a designated delinquent AN act or juvenile THAT WOULD   453          

BE A FELONY OR AN offense OF VIOLENCE IF COMMITTED BY AN ADULT or  454          

upon probable cause to believe that a child of that age may have   456          

committed a designated delinquent AN act or juvenile THAT WOULD    457          

BE A FELONY OR AN offense OF VIOLENCE IF COMMITTED BY AN ADULT,    458          

shall take the person's or child's fingerprints, or cause the      460          

same to be taken, according to the fingerprint system of                        

identification on the forms furnished by the superintendent of     461          

the bureau of criminal identification and investigation, and       462          

immediately shall forward copies of the completed forms, any       465          

other description that may be required, and the history of the     466          

offense committed to the bureau to be classified and filed and to  468          

the clerk of the court having jurisdiction over the prosecution    469          

of the offense or over the adjudication relative to the act.       470          

      (2)  If a sheriff or chief of police has not taken, or       473          

caused to be taken, a person's or child's fingerprints in          474          

accordance with division (B)(A)(1) of this section by the time of  475          

the arraignment or first appearance of the person or child, the    476          

court shall order the person or child to appear before the         477          

sheriff or chief of police within twenty-four hours to have the    478          

person's or child's fingerprints taken.  The sheriff or chief of   480          

police shall take the person's or child's fingerprints, or cause   481          

the fingerprints to be taken, according to the fingerprint system  482          

of identification on the forms furnished by the superintendent of  483          

                                                          12     

                                                                 
the bureau of criminal identification and investigation and,       484          

immediately after the person's or child's arraignment or first     485          

appearance, forward copies of the completed forms, any other       487          

description that may be required, and the history of the offense   488          

committed to the bureau to be classified and filed and to the      489          

clerk of the court.                                                             

      (3)  Every court with jurisdiction over a case involving a   491          

person or child with respect to whom division (B)(A)(1) of this    492          

section requires a sheriff or chief of police to take the          494          

person's or child's fingerprints shall inquire at the time of the  495          

person's or child's sentencing or adjudication whether or not the  496          

person or child has been fingerprinted pursuant to division        498          

(B)(A)(1) or (2) of this section for the original arrest upon      499          

which the sentence or adjudication is based.  If the person or     500          

child was not fingerprinted for the original arrest upon which     501          

the sentence or adjudication is based, the court shall order the   502          

person or child to appear before the sheriff or chief of police    503          

within twenty-four hours to have the person's or child's           504          

fingerprints taken.  The sheriff or chief of police shall take     505          

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

to be taken, according to the fingerprint system of                506          

identification on the forms furnished by the superintendent of     507          

the bureau of criminal identification and investigation and        508          

immediately forward copies of the completed forms, any other       509          

description that may be required, and the history of the offense   510          

committed to the bureau to be classified and filed and to the      511          

clerk of the court.                                                             

      (4)  If a person or child is in the custody of a law         513          

enforcement agency or a detention facility, as defined in section  515          

2921.01 of the Revised Code, and the chief law enforcement         517          

officer or chief administrative officer of the detention facility  518          

discovers that a warrant has been issued or a bill of information  519          

has been filed alleging the person or child to have committed an   520          

offense or act other than the offense or act for which the person               

                                                          13     

                                                                 
or child is in custody, and the other alleged offense or act is    521          

one for which fingerprints are to be taken pursuant to division    522          

(B)(A)(1) of this section, the law enforcement agency or           524          

detention facility shall take the fingerprints of the person or    525          

child, or cause the fingerprints to be taken, according to the     526          

fingerprint system of identification on the forms furnished by     527          

the superintendent of the bureau of criminal identification and    528          

investigation and immediately forward copies of the completed      530          

forms, any other description that may be required, and the         531          

history of the offense committed to the bureau to be classified    532          

and filed and to the clerk of the court that issued the warrant    533          

or with which the bill of information was filed.                   534          

      (5)  If an accused is found not guilty of the offense        538          

charged or a nolle prosequi is entered in any case, or if any      539          

accused child fourteen years of age or older and under eighteen    540          

years of age is found not to be a delinquent child for committing  542          

a designated delinquent AN act or juvenile THAT WOULD BE A FELONY  543          

OR AN offense OF VIOLENCE IF COMMITTED BY AN ADULT or not guilty   545          

of the designated delinquent act FELONY or juvenile offense OF     547          

VIOLENCE charged or a nolle prosequi is entered in that case, the  548          

fingerprints and description shall be given to the accused upon    550          

the accused's request.                                                          

      (6)  The superintendent shall compare the description        554          

received with those already on file in the bureau, and, if the     555          

superintendent finds that the person arrested or taken into        557          

custody has a criminal record or a record as a delinquent child    558          

for having committed an act that is WOULD BE a designated          559          

delinquent act or juvenile FELONY OR AN offense OF VIOLENCE IF     560          

COMMITTED BY AN ADULT or is a fugitive from justice or wanted by   562          

any jurisdiction in this or another state, the United States, or   564          

a foreign country for any offense, the superintendent at once      565          

shall inform the arresting officer, the officer taking the person  567          

into custody, or the chief administrative officer of the county,   568          

multicounty, municipal, municipal-county, or                       569          

                                                          14     

                                                                 
multicounty-municipal jail or workhouse, community-based           570          

correctional facility, halfway house, alternative residential      571          

facility, or state correctional institution in which the person                 

or child is in custody of that fact and give appropriate notice    574          

to the proper authorities in the jurisdiction in which the person  575          

is wanted, or, if that jurisdiction is a foreign country, give     576          

appropriate notice to federal authorities for transmission to the  578          

foreign country.  The names, under which each person whose                      

identification is filed is known, shall be alphabetically indexed  580          

by the superintendent.                                                          

      (C)(B)  This section does not apply to a violator of a city  582          

ordinance unless the officers have reason to believe that the      583          

violator is a past offender or the crime is one constituting a     584          

misdemeanor on the first offense and a felony on subsequent        585          

offenses, or unless it is advisable for the purpose of subsequent  586          

identification.  This section does not apply to any child under    587          

eighteen years of age who was not arrested or otherwise taken      588          

into custody for committing an act that is WOULD BE a designated   590          

delinquent act FELONY or juvenile AN offense OF VIOLENCE IF        592          

COMMITTED BY AN ADULT or upon probable cause to believe that a     593          

child of that age may have committed an act that is WOULD BE a     595          

designated delinquent act FELONY or juvenile AN offense OF         597          

VIOLENCE IF COMMITTED BY AN ADULT, except as provided in section   598          

2151.313 of the Revised Code.                                                   

      Sec. 109.61.  Each sheriff or chief of police shall furnish  607          

the bureau of criminal identification and investigation with       608          

descriptions, fingerprints, photographs, and measurements of the   609          

following:                                                                      

      (A)(1)  Persons arrested who in that sheriff's or chief of   612          

police's judgment are wanted for serious offenses, are fugitives   613          

from justice, or in whose possession at the time of arrest are     614          

found goods or property reasonably believed to have been stolen;   615          

      (2)  Children arrested or otherwise taken into custody who   617          

in that sheriff's or chief of police's judgment are fourteen       618          

                                                          15     

                                                                 
years of age or older and under eighteen years of age and have     620          

committed an act that is WOULD BE a designated delinquent act or   621          

juvenile FELONY OR AN offense, as defined in section 109.57 of     623          

the Revised Code; OF VIOLENCE IF COMMITTED BY AN ADULT.            624          

      (B)  All persons in whose possession are found burglar       626          

outfits, burglar tools, or burglar keys, or who have in their      627          

possession high power explosives reasonably believed to be         628          

intended to be used for unlawful purposes;                         629          

      (C)  Persons who are in possession of infernal machines or   631          

other contrivances in whole or in part and reasonably believed by  632          

the sheriff or chief of police to be intended to be used for       634          

unlawful purposes;                                                 635          

      (D)  All persons carrying concealed firearms or other        637          

deadly weapons reasonably believed to be carried for unlawful      638          

purposes;                                                          639          

      (E)  All persons who have in their possession inks, dies,    641          

paper, or other articles necessary in the making of counterfeit    642          

bank notes or in the alteration of bank notes, or dies, molds, or  644          

other articles necessary in the making of counterfeit money and    645          

reasonably believed to be intended to be used by them for those    646          

types of unlawful purposes.                                                     

      Sec. 2151.18.  (A)(1)  The juvenile court shall maintain     655          

records of all official cases brought before it, including an      656          

appearance docket, a journal, and a cashbook.  The court shall     657          

maintain a separate docket for traffic cases and shall record all  659          

traffic cases on the separate docket instead of on the general     661          

appearance docket.  The parents of any child affected, if they     662          

are living, or the nearest of kin of the child, if the parents     663          

are deceased, may inspect these records, either in person or by    664          

counsel during the hours in which the court is open.                            

      (2)  The juvenile court shall send to the superintendent of  666          

the bureau of criminal identification and investigation, pursuant  667          

to section 109.57 of the Revised Code, a weekly report containing  668          

a summary of each case that has come before it and that involves   669          

                                                          16     

                                                                 
an adjudication that a child is a delinquent child for committing  670          

a designated delinquent AN act or juvenile THAT WOULD BE A FELONY  671          

OR AN offense, as defined in section 109.57 of the Revised Code    672          

VIOLENCE IF COMMITTED BY AN ADULT.                                 673          

      (B)  The clerk of the court shall maintain a statistical     675          

record that includes all of the following:                         676          

      (1)  The number of complaints that are filed with the court  678          

that allege that a child is a delinquent child, in relation to     679          

which the court determines under division (D) of section 2151.27   680          

of the Revised Code that the victim of the alleged delinquent act  682          

was sixty-five years of age or older or permanently and totally    683          

disabled at the time of the alleged commission of the act;         684          

      (2)  The number of complaints described in division (B)(1)   686          

of this section that result in the child being adjudicated a       687          

delinquent child;                                                  688          

      (3)  The number of complaints described in division (B)(2)   690          

of this section in which the act upon which the delinquent child   691          

adjudication is based caused property damage or would be a theft   692          

offense, as defined in division (K) of section 2913.01 of the      693          

Revised Code, if committed by an adult;                            694          

      (4)  The number of complaints described in division (B)(3)   696          

of this section that result in the delinquent child being          697          

required as an order of disposition made under division (A)(8)(b)  698          

of section 2151.355 of the Revised Code to make restitution for    699          

all or part of the property damage caused by his THE CHILD'S       700          

delinquent act or for all or part of the value of the property     702          

that was the subject of the delinquent act that would be a theft   703          

offense if committed by an adult;                                  704          

      (5)  The number of complaints described in division (B)(2)   706          

of this section in which the act upon which the delinquent child   707          

adjudication is based would have been an offense of violence if    708          

committed by an adult;                                             709          

      (6)  The number of complaints described in division (B)(5)   711          

of this section that result in the delinquent child being          712          

                                                          17     

                                                                 
committed as an order of disposition made under division (A)(3),   713          

(4), (5), (6), or (7) of section 2151.355 of the Revised Code to   714          

any facility for delinquent children operated by the county, a     715          

district, or a private agency or organization or to the            716          

department of youth services;                                      717          

      (7)  The number of complaints described in division (B)(1)   719          

of this section that result in the case being transferred for      720          

criminal prosecution to an appropriate court having jurisdiction   721          

of the offense under section 2151.26 of the Revised Code.          722          

      (C)  The clerk of the court shall compile an annual summary  724          

covering the preceding calendar year showing all of the            725          

information for that year contained in the statistical record      726          

maintained under division (B) of this section.  The statistical    727          

record and the annual summary shall be public records open for     728          

inspection.  Neither the statistical record nor the annual         729          

summary shall include the identity of any party to a case.         730          

      (D)  Not later than June of each year, the court shall       732          

prepare an annual report covering the preceding calendar year      733          

showing the number and kinds of cases that have come before it,    734          

the disposition of the cases, and any other data pertaining to     735          

the work of the court that the juvenile judge directs.  The court  737          

shall file copies of the report with the board of county                        

commissioners.  With the approval of the board, the court may      738          

print or cause to be printed copies of the report for              739          

distribution to persons and agencies interested in the court or    741          

community program for dependent, neglected, abused, or delinquent  742          

children and juvenile traffic offenders.  The court shall include  743          

the number of copies ordered printed and the estimated cost of                  

each printed copy on each copy of the report printed for           744          

distribution.                                                      745          

      Sec. 2151.313.  (A)(1)  Except as provided in division       754          

(A)(2) of this section and in sections 109.57, 109.60, and 109.61  756          

of the Revised Code, no child shall be fingerprinted or            757          

photographed in the investigation of any violation of law without  758          

                                                          18     

                                                                 
the consent of the juvenile judge.                                 759          

      (2)  Subject to division (A)(3) of this section, a law       762          

enforcement officer may fingerprint and photograph a child         763          

without the consent of the juvenile judge when the child is        764          

arrested or otherwise taken into custody for the commission of an  765          

act that would be a felony AN OFFENSE, OTHER THAN A TRAFFIC        766          

OFFENSE OR A MINOR MISDEMEANOR, if committed by an adult, and      767          

there is probable cause to believe that the child may have been    768          

involved in the commission of the act.  A law enforcement officer  769          

who takes fingerprints or photographs of a child under division    770          

(A)(2) of this section immediately shall inform the juvenile       771          

court that the fingerprints or photographs were taken and shall    772          

provide the court with the identity of the child, the number of    773          

fingerprints and photographs taken, and the name and address of    774          

each person who has custody and control of the fingerprints or     775          

photographs or copies of the fingerprints or photographs.          776          

      (3)  This section does not apply to a child who is fourteen  778          

years of age or older and under eighteen years of age and to whom  779          

either of the following applies:                                   780          

      (a)  The child has been arrested or otherwise taken into     783          

custody for committing, OR has been adjudicated a delinquent       784          

child for committing, AN ACT THAT WOULD BE A FELONY IF COMMITTED   785          

BY AN ADULT or has been convicted of or pleaded guilty to          786          

committing a designated delinquent act or juvenile offense, as     787          

defined in section 109.57 of the Revised Code FELONY.              788          

      (b)  There is probable cause to believe that the child may   791          

have committed a designated delinquent AN act or juvenile          794          

offense, as defined in section 109.57 of the Revised Code THAT                  

WOULD BE A FELONY IF COMMITTED BY AN ADULT.                        795          

      (B)(1)  Subject to divisions (B)(4), (5), and (6) of this    797          

section, all fingerprints and photographs of a child obtained or   798          

taken under division (A)(1) or (2) of this section, and any        799          

records of the arrest or custody of the child that was the basis   800          

for the taking of the fingerprints or photographs, initially may   801          

                                                          19     

                                                                 
be retained only until the expiration of thirty days after the     802          

date taken, except that the court may limit the initial retention  803          

of fingerprints and photographs of a child obtained under          804          

division (A)(1) of this section to a shorter period of time and    805          

except that, if the child is adjudicated a delinquent child for    806          

the commission of an act described in division (B)(3) of this      807          

section or is convicted of or pleads guilty to a criminal offense  808          

for the commission of an act described in division (B)(3) of this  809          

section, the fingerprints and photographs, and the records of the  810          

arrest or custody of the child that was the basis for the taking   811          

of the fingerprints and photographs, shall be retained in          812          

accordance with division (B)(3) of this section.  During the       813          

initial period of retention, the fingerprints and photographs of   814          

a child, copies of the fingerprints and photographs, and records   815          

of the arrest or custody of the child shall be used or released    816          

only in accordance with division (C) of this section.  At the      817          

expiration of the initial period for which fingerprints and        818          

photographs of a child, copies of fingerprints and photographs of  819          

a child, and records of the arrest or custody of a child may be    820          

retained under this division, if no complaint is pending against   821          

the child in relation to the act for which the fingerprints and    822          

photographs originally were obtained or taken and if the child     823          

has neither been adjudicated a delinquent child for the            824          

commission of that act nor been convicted of or pleaded guilty to  825          

a criminal offense based on that act subsequent to a transfer of   826          

the child's case for criminal prosecution pursuant to section      827          

2151.26 of the Revised Code, the fingerprints and photographs of   828          

the child, all copies of the fingerprints and photographs, and     829          

all records of the arrest or custody of the child that was the     830          

basis of the taking of the fingerprints and photographs shall be   831          

removed from the file and delivered to the juvenile court.         832          

      (2)  If, at the expiration of the initial period of          834          

retention set forth in division (B)(1) of this section, a          835          

complaint is pending against the child in relation to the act for  836          

                                                          20     

                                                                 
which the fingerprints and photographs originally were obtained    837          

or the child either has been adjudicated a delinquent child for    838          

the commission of an act other than an act described in division   839          

(B)(3) of this section or has been convicted of or pleaded guilty  840          

to a criminal offense for the commission of an act other than an   841          

act described in division (B)(3) of this section subsequent to     842          

transfer of the child's case, the fingerprints and photographs of  843          

the child, copies of the fingerprints and photographs, and the     844          

records of the arrest or custody of the child that was the basis   845          

of the taking of the fingerprints and photographs may further be   846          

retained, subject to division (B)(4) of this section, until the    847          

earlier of the expiration of two years after the date on which     848          

the fingerprints or photographs were taken or the child attains    849          

eighteen years of age, except that, if the child is adjudicated a  850          

delinquent child for the commission of an act described in         851          

division (B)(3) of this section or is convicted of or pleads       852          

guilty to a criminal offense for the commission of an act          853          

described in division (B)(3) of this section, the fingerprints     854          

and photographs, and the records of the arrest or custody of the   855          

child that was the basis for the taking of the fingerprints and    856          

photographs, shall be retained in accordance with division (B)(3)  857          

of this section.                                                   858          

      Except as otherwise provided in division (B)(3) of this      860          

section, during this additional period of retention, the           861          

fingerprints and photographs of a child, copies of the             862          

fingerprints and photographs of a child, and records of the        863          

arrest or custody of a child shall be used or released only in     864          

accordance with division (C) of this section.  At the expiration   865          

of the additional period, if no complaint is pending against the   866          

child in relation to the act for which the fingerprints            867          

originally were obtained or taken or in relation to another act    868          

for which the fingerprints were used as authorized by division     869          

(C) of this section and that would be a felony if committed by an  870          

adult, the fingerprints of the child, all copies of the            871          

                                                          21     

                                                                 
fingerprints, and all records of the arrest or custody of the      872          

child that was the basis of the taking of the fingerprints shall   873          

be removed from the file and delivered to the juvenile court,      874          

and, if no complaint is pending against the child concerning the   875          

act for which the photographs originally were obtained or taken    876          

or concerning an act that would be a felony if committed by an     877          

adult, the photographs and all copies of the photographs, and, if  878          

no fingerprints were taken at the time the photographs were        879          

taken, all records of the arrest or custody that was the basis of  880          

the taking of the photographs shall be removed from the file and   881          

delivered to the juvenile court.  In either case, if, at the       882          

expiration of the applicable additional period, such a complaint   883          

is pending against the child, the photographs and copies of the    884          

photographs of the child, or the fingerprints and copies of the    885          

fingerprints of the child, whichever is applicable, and the        886          

records of the arrest or custody of the child may be retained,     887          

subject to division (B)(4) of this section, until final            888          

disposition of the complaint, and upon final disposition of the    889          

complaint, they shall be removed from the file and delivered to    890          

the juvenile court, except that, if the child is adjudicated a     891          

delinquent child for the commission of an act described in         892          

division (B)(3) of this section or is convicted of or pleads       893          

guilty to a criminal offense for the commission of an act          894          

described in division (B)(3) of this section, the fingerprints     895          

and photographs, and the records of the arrest or custody of the   896          

child that was the basis for the taking of the fingerprints and    897          

photographs, shall be retained in accordance with division (B)(3)  898          

of this section.                                                   899          

      (3)  If a child is adjudicated a delinquent child for the    901          

commission of an act in violation of VIOLATING SECTION 2923.42 OF  902          

THE REVISED CODE OR FOR COMMITTING AN ACT THAT WOULD BE A          903          

MISDEMEANOR OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT, or is    904          

convicted of or pleads guilty to a criminal offense for the        905          

commission of an act that is a violation of, section 2903.01,      906          

                                                          22     

                                                                 
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.21,     907          

2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05,     908          

2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,     909          

2921.34, or 2921.35 of the Revised Code, section 2913.02 2923.42   910          

of the Revised Code involving the theft of a motor vehicle,        912          

former section 2907.12 of the Revised Code, A MISDEMEANOR OFFENSE  913          

OF VIOLENCE, or A VIOLATION OF an existing or former municipal     914          

ordinance or law of this state, another state, or the United       916          

States that is substantially equivalent to SECTION 2923.42 OF THE               

REVISED CODE OR any of those sections MISDEMEANOR OFFENSE OF       918          

VIOLENCE, both of the following apply:                             919          

      (a)  Originals and copies of fingerprints and photographs    921          

of the child obtained or taken under division (A)(1) of this       922          

section, and any records of the arrest or custody that was the     923          

basis for the taking of the fingerprints or photographs, may be    924          

retained for the period of time specified by the juvenile judge    925          

in that judge's grant of consent for the taking of the             926          

fingerprints or photographs.  Upon the expiration of the           927          

specified period, all originals and copies of the fingerprints,    928          

photographs, and records shall be delivered to the juvenile court  929          

or otherwise disposed of in accordance with any instructions       930          

specified by the juvenile judge in that judge's grant of consent.  931          

During the period of retention of the photographs and records,     932          

all originals and copies of them shall be retained in a file       933          

separate and apart from all photographs taken of adults.  During   934          

the period of retention of the fingerprints, all originals and     935          

copies of them may be maintained in the files of fingerprints      936          

taken of adults.  If the juvenile judge who grants consent for     937          

the taking of fingerprints and photographs under division (A)(1)   938          

of this section does not specify a period of retention in that     939          

judge's grant of consent, originals and copies of the              941          

fingerprints, photographs, and records may be retained in          942          

accordance with this section as if the fingerprints and            943          

photographs had been taken under division (A)(2) of this section.  944          

                                                          23     

                                                                 
      (b)  Originals and copies of fingerprints and photographs    946          

taken under division (A)(2) of this section, and any records of    947          

the arrest or custody that was the basis for the taking of the     948          

fingerprints or photographs, may be retained for the period of     949          

time and in the manner specified in division (B)(3)(b) of this     951          

section.  Prior to the child's attainment of eighteen years of     952          

age, all originals and copies of the photographs and records       953          

shall be retained and shall be kept in a file separate and apart   954          

from all photographs taken of adults.  During the period of        955          

retention of the fingerprints, all originals and copies of them    956          

may be maintained in the files of fingerprints taken of adults.    957          

Upon the child's attainment of eighteen years of age, all          958          

originals and copies of the fingerprints, photographs, and         959          

records shall be disposed of as follows:                           960          

      (i)  If the juvenile judge issues or previously has issued   962          

an order that specifies a manner of disposition of the originals   963          

and copies of the fingerprints, photographs, and records, they     964          

shall be delivered to the juvenile court or otherwise disposed of  965          

in accordance with the order.                                      966          

      (ii)  If the juvenile judge does not issue and has not       968          

previously issued an order that specifies a manner of disposition  969          

of the originals and copies of the fingerprints not maintained in  970          

adult files, photographs, and records, the law enforcement         971          

agency, in its discretion, either shall remove all originals and   972          

copies of them from the file in which they had been maintained     973          

and transfer them to the files that are used for the retention of  974          

fingerprints and photographs taken of adults who are arrested      975          

for, otherwise taken into custody for, or under investigation for  976          

the commission of a criminal offense or shall remove them from     977          

the file in which they had been maintained and deliver them to     978          

the juvenile court.  If the originals and copies of any            979          

fingerprints of a child who attains eighteen years of age are      980          

maintained in the files of fingerprints taken of adults or if      981          

pursuant to division (B)(3)(b)(ii) of this section the agency      983          

                                                          24     

                                                                 
transfers the originals and copies of any fingerprints not         984          

maintained in adult files, photographs, or records to the files    985          

that are used for the retention of fingerprints and photographs    986          

taken of adults who are arrested for, otherwise taken into         987          

custody for, or under investigation for the commission of a        988          

criminal offense, the originals and copies of the fingerprints,    989          

photographs, and records may be maintained, used, and released     990          

after they are maintained in the adult files or after the          991          

transfer as if the fingerprints and photographs had been taken     992          

of, and as if the records pertained to, an adult who was arrested  993          

for, otherwise taken into custody for, or under investigation for  994          

the commission of a criminal offense.                              995          

      (4)  If a sealing or expungement order issued under section  997          

2151.358 of the Revised Code requires the sealing or destruction   998          

of any fingerprints or photographs of a child obtained or taken    999          

under division (A)(1) or (2) of this section or of the records of  1,000        

an arrest or custody of a child that was the basis of the taking   1,001        

of the fingerprints or photographs prior to the expiration of any  1,002        

period for which they otherwise could be retained under division   1,003        

(B)(1), (2), or (3) of this section, the fingerprints,             1,004        

photographs, and arrest or custody records that are subject to     1,005        

the order and all copies of the fingerprints, photographs, and     1,006        

arrest or custody records shall be sealed or destroyed in          1,007        

accordance with the order.                                         1,008        

      (5)  All fingerprints of a child, photographs of a child,    1,010        

records of an arrest or custody of a child, and copies delivered   1,011        

to a juvenile court in accordance with division (B)(1), (2), or    1,012        

(3) of this section shall be destroyed by the court.               1,013        

      (6)(a)  All photographs of a child and records of an arrest  1,015        

or custody of a child retained pursuant to division (B) of this    1,016        

section and not delivered to a juvenile court shall be kept in a   1,017        

file separate and apart from fingerprints, photographs, and        1,018        

records of an arrest or custody of an adult.  All fingerprints of  1,019        

a child retained pursuant to division (B) of this section and not  1,020        

                                                          25     

                                                                 
delivered to a juvenile court may be maintained in the files of    1,021        

fingerprints taken of adults.                                      1,022        

      (b)  If a child who is the subject of photographs or         1,024        

fingerprints is adjudicated a delinquent child for the commission  1,025        

of an act that would be a felony AN OFFENSE, OTHER THAN A TRAFFIC  1,026        

OFFENSE OR A MINOR MISDEMEANOR, if committed by an adult or is     1,027        

convicted of or pleads guilty to a criminal offense that is a      1,028        

felony, OTHER THAN A TRAFFIC OFFENSE OR A MINOR MISDEMEANOR, all   1,030        

fingerprints not maintained in the files of fingerprints taken of  1,031        

adults and all photographs of the child, and all records of the    1,032        

arrest or custody of the child that is the basis of the taking of  1,033        

the fingerprints or photographs, that are retained pursuant to     1,034        

division (B) of this section and not delivered to a juvenile       1,035        

court shall be kept in a file separate and apart from              1,036        

fingerprints, photographs, and arrest and custody records of       1,037        

children who have not been adjudicated a delinquent child for the  1,038        

commission of an act that would be a felony AN OFFENSE, OTHER      1,039        

THAN A TRAFFIC OFFENSE OR A MINOR MISDEMEANOR, if committed by an  1,040        

adult and have not been convicted of or pleaded guilty to a        1,041        

criminal offense that is a felony OTHER THAN A TRAFFIC OFFENSE OR  1,042        

A MINOR MISDEMEANOR.                                                            

      (C)  Until they are delivered to the juvenile court or       1,044        

sealed, transferred in accordance with division (B)(3)(b) of this  1,045        

section, or destroyed pursuant to a sealing or expungement order,  1,046        

the originals and copies of fingerprints and photographs of a      1,047        

child that are obtained or taken pursuant to division (A)(1) or    1,048        

(2) of this section, and the records of the arrest or custody of   1,049        

the child that was the basis of the taking of the fingerprints or  1,050        

photographs, shall be used or released only as follows:            1,051        

      (1)  During the initial thirty-day period of retention,      1,053        

originals and copies of fingerprints and photographs of a child,   1,054        

and records of the arrest or custody of a child, shall be used,    1,055        

prior to the filing of a complaint against the child in relation   1,056        

to the act for which the fingerprints and photographs were         1,057        

                                                          26     

                                                                 
originally obtained or taken, only for the investigation of that   1,058        

act and shall be released, prior to the filing of the complaint,   1,059        

only to a court that would have jurisdiction of the child's case   1,060        

under this chapter.  Subsequent to the filing of a complaint,      1,061        

originals and copies of fingerprints and photographs of a child,   1,062        

and records of the arrest or custody of a child, shall be used or  1,063        

released during the initial thirty-day period of retention only    1,064        

as provided in division (C)(2)(a), (b), or (c) of this section.    1,065        

      (2)  Originals and copies of fingerprints and photographs    1,067        

of a child, and records of the arrest or custody of a child, that  1,068        

are retained beyond the initial thirty-day period of retention     1,069        

subsequent to the filing of a complaint, a delinquent child        1,070        

adjudication, or a conviction of or guilty plea to a criminal      1,071        

offense shall be used or released only as follows:                 1,072        

      (a)  Originals and copies of photographs of a child, and,    1,074        

if no fingerprints were taken at the time the photographs were     1,075        

taken, records of the arrest or custody of the child that was the  1,076        

basis of the taking of the photographs, may be used only as        1,077        

follows:                                                           1,078        

      (i)  They may be used for the investigation of the act for   1,080        

which they originally were obtained or taken; if the child who is  1,081        

the subject of the photographs is a suspect in the investigation,  1,082        

for the investigation of any act that would be an offense if       1,083        

committed by an adult; and for arresting or bringing the child     1,084        

into custody.                                                      1,085        

      (ii)  If the child who is the subject of the photographs is  1,087        

adjudicated a delinquent child for the commission of an act that   1,088        

would be a felony if committed by an adult or is convicted of or   1,089        

pleads guilty to a criminal offense that is a felony as a result   1,090        

of the arrest or custody that was the basis of the taking of the   1,091        

photographs, a law enforcement officer may use the photographs     1,092        

for a photo line-up conducted as part of the investigation of any  1,093        

act that would be a felony if committed by an adult, whether or    1,094        

not the child who is the subject of the photographs is a suspect   1,095        

                                                          27     

                                                                 
in the investigation.  No later than ninety days after a law       1,096        

enforcement officer uses the photographs in a photo line-up, the   1,097        

officer shall return them to the file from which the officer       1,098        

obtained them.                                                     1,099        

      (b)  Originals and copies of fingerprints of a child, and    1,101        

records of the arrest or custody of the child that was the basis   1,102        

of the taking of the fingerprints, may be used only for the        1,103        

investigation of the act for which they originally were obtained   1,104        

or taken; if a child is a suspect in the investigation, for the    1,105        

investigation of another act that would be an offense if           1,106        

committed by an adult; and for arresting or bringing the child     1,107        

into custody.                                                      1,108        

      (c)  Originals and copies of fingerprints, photographs, and  1,110        

records of the arrest or custody that was the basis of the taking  1,111        

of the fingerprints or photographs shall be released only to the   1,112        

following:                                                         1,113        

      (i)  Law enforcement officers of this state or a political   1,115        

subdivision of this state, upon notification to the juvenile       1,116        

court of the name and address of the law enforcement officer or    1,117        

agency to whom or to which they will be released;                  1,118        

      (ii)  A court that has jurisdiction of the child's case      1,120        

under Chapter 2151. of the Revised Code or subsequent to a         1,121        

transfer of the child's case for criminal prosecution pursuant to  1,122        

section 2151.26 of the Revised Code.                               1,123        

      (D)  No person shall knowingly do any of the following:      1,125        

      (1)  Fingerprint or photograph a child in the investigation  1,127        

of any violation of law other than as provided in division (A)(1)  1,128        

or (2) of this section or in sections 109.57, 109.60, and 109.61   1,129        

of the Revised Code;                                                            

      (2)  Retain fingerprints or photographs of a child obtained  1,131        

or taken under division (A)(1) or (2) of this section, copies of   1,132        

fingerprints or photographs of that nature, or records of the      1,134        

arrest or custody that was the basis of the taking of              1,135        

fingerprints or photographs of that nature other than in           1,136        

                                                          28     

                                                                 
accordance with division (B) of this section;                      1,138        

      (3)  Use or release fingerprints or photographs of a child   1,140        

obtained or taken under division (A)(1) or (2) of this section,    1,141        

copies of fingerprints or photographs of that nature, or records   1,143        

of the arrest or custody that was the basis of the taking of       1,144        

fingerprints or photographs of that nature other than in           1,145        

accordance with division (B) or (C) of this section.               1,146        

      Sec. 2151.355.  (A)  If a child is adjudicated a delinquent  1,155        

child, the court may make any of the following orders of           1,157        

disposition:                                                                    

      (1)  Any order that is authorized by section 2151.353 of     1,159        

the Revised Code;                                                  1,160        

      (2)  Place the child on probation under any conditions that  1,162        

the court prescribes.  If the child is adjudicated a delinquent    1,163        

child for violating section 2909.05, 2909.06, or 2909.07 of the    1,165        

Revised Code and if restitution is appropriate under the                        

circumstances of the case, the court shall require the child to    1,166        

make restitution for the property damage caused by the child's     1,167        

violation as a condition of the child's probation.  If the child   1,169        

is adjudicated a delinquent child because the child violated any   1,170        

other section of the Revised Code, the court may require the       1,171        

child as a condition of the child's probation to make restitution  1,172        

for the property damage caused by the child's violation and for    1,173        

the value of the property that was the subject of the violation    1,174        

the child committed if it would be a theft offense, as defined in  1,175        

division (K) of section 2913.01 of the Revised Code, if committed  1,176        

by an adult.  The restitution may be in the form of a cash         1,177        

reimbursement paid in a lump sum or in installments, the           1,178        

performance of repair work to restore any damaged property to its  1,179        

original condition, the performance of a reasonable amount of      1,180        

labor for the victim approximately equal to the value of the       1,181        

property damage caused by the child's violation or to the value    1,182        

of the property that is the subject of the violation if it would   1,183        

be a theft offense if committed by an adult, the performance of    1,184        

                                                          29     

                                                                 
community service or community work, any other form of             1,185        

restitution devised by the court, or any combination of the        1,186        

previously described forms of restitution.                                      

      If the child is adjudicated a delinquent child for           1,188        

violating a law of this state or the United States, or an          1,189        

ordinance or regulation of a political subdivision of this state,  1,190        

that would be a crime if committed by an adult or for violating    1,192        

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

in addition to all other required or permissive conditions of      1,194        

probation that the court imposes upon the delinquent child         1,196        

pursuant to division (A)(2) of this section, shall require the     1,197        

child as a condition of the child's probation to abide by the law  1,198        

during the period of probation, including, but not limited to,     1,199        

complying with the provisions of Chapter 2923. of the Revised      1,200        

Code relating to the possession, sale, furnishing, transfer,       1,201        

disposition, purchase, acquisition, carrying, conveying, or use    1,202        

of, or other conduct involving a firearm or dangerous ordnance,    1,203        

as defined in section 2923.11 of the Revised Code.                 1,204        

      (3)  Commit the child to the temporary custody of any        1,206        

school, camp, institution, or other facility operated for the      1,208        

care of delinquent children by the county, by a district           1,209        

organized under section 2151.34 or 2151.65 of the Revised Code,    1,210        

or by a private agency or organization, within or without the      1,211        

state, that is authorized and qualified to provide the care,       1,212        

treatment, or placement required;                                               

      (4)  If the child is adjudicated a delinquent child for      1,214        

committing an act that would be a felony of the third, fourth, or  1,215        

fifth degree if committed by an adult or for violating division    1,217        

(A) of section 2923.211 of the Revised Code, commit the child to   1,218        

the legal custody of the department of youth services for          1,219        

institutionalization for an indefinite term consisting of a        1,220        

minimum period of six months and a maximum period not to exceed    1,221        

the child's attainment of twenty-one years of age;                 1,222        

      (5)(a)  If the child is adjudicated a delinquent child for   1,224        

                                                          30     

                                                                 
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or         1,225        

division (A) of section 2903.04 of the Revised Code or for         1,226        

violating any provision of section 2907.02 of the Revised Code     1,227        

other than division (A)(1)(b) of that section when the sexual      1,229        

conduct or insertion involved was consensual and when the victim                

of the violation of division (A)(1)(b) of that section was older   1,231        

than the delinquent child, was the same age as the delinquent      1,232        

child, or was less than three years younger than the delinquent    1,233        

child, commit the child to the legal custody of the department of  1,234        

youth services for institutionalization in a secure facility for   1,235        

an indefinite term consisting of a minimum period of one to three  1,236        

years, as prescribed by the court, and a maximum period not to     1,237        

exceed the child's attainment of twenty-one years of age;          1,238        

      (b)  If the child is adjudicated a delinquent child for      1,241        

violating section 2923.02 of the Revised Code and if the           1,242        

violation involves an attempt to commit a violation of section                  

2903.01 or 2903.02 of the Revised Code, commit the child to the    1,244        

legal custody of the department of youth services for                           

institutionalization in a secure facility for an indefinite term   1,245        

consisting of a minimum period of six to seven years, as           1,246        

prescribed by the court, and a maximum period not to exceed the    1,247        

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

      (c)  If the child is adjudicated a delinquent child for      1,249        

committing an act that is not described in division (A)(5)(a) or   1,250        

(b) of this section and that would be a felony of the first or     1,251        

second degree if committed by an adult, commit the child to the    1,252        

legal custody of the department of youth services for              1,253        

institutionalization in a secure facility for an indefinite term   1,254        

consisting of a minimum period of one year and a maximum period    1,255        

not to exceed the child's attainment of twenty-one years of age;.  1,256        

      (6)  If the child is adjudicated a delinquent child for      1,258        

committing a violation of section 2903.01 or 2903.02 of the        1,259        

Revised Code, commit the child to the legal custody of the         1,261        

department of youth services for institutionalization in a secure  1,262        

                                                          31     

                                                                 
facility until the child's attainment of twenty-one years of age;  1,263        

      (7)(a)  If the child is adjudicated a delinquent child for   1,266        

committing an act, other than a violation of section 2923.12 of    1,267        

the Revised Code, that would be a felony if committed by an adult  1,268        

and is committed to the legal custody of the department of youth   1,269        

services pursuant to division (A)(4), (5), or (6) of this section  1,270        

and if the court determines that the child, if the child was an    1,271        

adult, would be guilty of a specification of the type set forth    1,272        

in section 2941.141, 2941.144, 2941.145, or 2941.146 of the        1,273        

Revised Code in relation to the act for which the child was        1,274        

adjudicated a delinquent child, commit the child to the legal      1,275        

custody of the department of youth services for                                 

institutionalization in a secure facility for the following        1,276        

period of time, subject to division (A)(7)(b)(c) of this section:  1,277        

      (i)  If the child would be guilty of a specification of the  1,279        

type set forth in section 2941.141 of the Revised Code, a period   1,280        

of one year;                                                       1,281        

      (ii)  If the child would be guilty of a specification of     1,283        

the type set forth in section 2941.144, 2941.145, or 2941.146 of   1,284        

the Revised Code, a period of three years.                         1,285        

      (b)  IF THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR      1,287        

COMMITTING A CATEGORY ONE OFFENSE OR A CATEGORY TWO OFFENSE AND    1,288        

IS COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH       1,289        

SERVICES PURSUANT TO DIVISION (A)(5) OR (6) OF THIS SECTION AND    1,290        

IF THE COURT DETERMINES THAT THE CHILD, IF THE CHILD WAS AN        1,291        

ADULT, WOULD BE GUILTY OF A SPECIFICATION OF THE TYPE SET FORTH    1,292        

IN SECTION 2941.142 OF THE REVISED CODE IN RELATION TO THE ACT     1,293        

FOR WHICH THE CHILD WAS ADJUDICATED A DELINQUENT CHILD, THE COURT  1,294        

SHALL COMMIT THE CHILD TO THE LEGAL CUSTODY OF THE DEPARTMENT OF   1,296        

YOUTH SERVICES FOR INSTITUTIONALIZATION IN A SECURE FACILITY FOR                

A PERIOD OF NOT LESS THAN ONE YEAR OR MORE THAN THREE YEARS,       1,297        

SUBJECT TO DIVISION (A)(7)(c) OF THIS SECTION.                     1,299        

      (c)  The court shall not commit a child to the legal         1,302        

custody of the department of youth services pursuant to division   1,303        

                                                          32     

                                                                 
(A)(7)(a) OR (b) of this section for a period of time that         1,305        

exceeds three years.  The period of commitment imposed pursuant    1,306        

to division (A)(7)(a) OR (b) of this section shall be in addition  1,308        

to, and shall be served consecutively with and prior to, a period  1,309        

of commitment ordered pursuant to division (A)(4), (5), or (6) of  1,310        

this section, provided that the total of all the periods of        1,311        

commitment shall not exceed the child's attainment of twenty-one   1,312        

years of age.                                                                   

      (8)(a)  Impose a fine and costs in accordance with the       1,315        

schedule set forth in section 2151.3512 of the Revised Code;                    

      (b)  Require the child to make restitution for all or part   1,317        

of the property damage caused by the child's delinquent act and    1,318        

for all or part of the value of the property that was the subject  1,319        

of any delinquent act the child committed that would be a theft    1,320        

offense, as defined in division (K) of section 2913.01 of the      1,321        

Revised Code, if committed by an adult.  If the court determines   1,322        

that the victim of the child's delinquent act was sixty-five       1,323        

years of age or older or permanently and totally disabled at the   1,324        

time of the commission of the act, the court, regardless of        1,325        

whether or not the child knew the age of the victim, shall         1,326        

consider that fact in favor of imposing restitution, but that      1,327        

fact shall not control the decision of the court.  The             1,328        

restitution may be in the form of a cash reimbursement paid in a   1,329        

lump sum or in installments, the performance of repair work to     1,330        

restore any damaged property to its original condition, the        1,331        

performance of a reasonable amount of labor for the victim, the    1,332        

performance of community service or community work, any other      1,333        

form of restitution devised by the court, or any combination of    1,334        

the previously described forms of restitution.                     1,335        

      (9)  Subject to division (D) of this section, suspend or     1,338        

revoke the driver's license or temporary instruction permit        1,339        

issued to the child or suspend or revoke the registration of all   1,340        

motor vehicles registered in the name of the child;                1,341        

      (10)  If the child is adjudicated a delinquent child for     1,343        

                                                          33     

                                                                 
committing an act that, if committed by an adult, would be a       1,345        

criminal offense that would qualify the adult as an eligible                    

offender pursuant to division (A)(3) of section 2929.23 of the     1,346        

Revised Code, impose a period of electronically monitored house    1,347        

detention in accordance with division (I) of this section that     1,349        

does not exceed the maximum sentence of imprisonment that could    1,350        

be imposed upon an adult who commits the same act;                 1,351        

      (11)  IF THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR     1,353        

VIOLATING SECTION 2923.42 OF THE REVISED CODE, THE COURT MAY       1,356        

COMMIT THE CHILD AS AUTHORIZED IN DIVISION (A)(3) OR (5)(c) OF     1,359        

THIS SECTION OR MAY PLACE THE CHILD UNDER ONE OR MORE OF THE       1,360        

FOLLOWING NONRESIDENTIAL SANCTIONS:                                             

      (i)  A PERIOD OF DAY REPORTING IN WHICH THE CHILD IS         1,362        

REQUIRED EACH DAY TO REPORT TO AND LEAVE A CENTER OR OTHER         1,363        

APPROVED REPORTING LOCATION AT SPECIFIED TIMES IN ORDER TO         1,364        

PARTICIPATE IN WORK, EDUCATION OR TRAINING, TREATMENT, AND OTHER   1,365        

APPROVED PROGRAMS AT THE CENTER OR OUTSIDE THE CENTER;             1,366        

      (ii)  A PERIOD OF ELECTRONICALLY MONITORED HOUSE ARREST IN   1,369        

ACCORDANCE WITH DIVISION (I) OF THIS SECTION;                      1,370        

      (iii)  A PERIOD OF COMMUNITY SERVICE OF UP TO FIVE HUNDRED   1,373        

HOURS;                                                                          

      (iv)  A PERIOD IN AN ALCOHOL OR DRUG TREATMENT PROGRAM WITH  1,376        

A LEVEL OF SECURITY FOR THE CHILD AS DETERMINED NECESSARY BY THE   1,377        

COURT;                                                                          

      (v)  A PERIOD OF INTENSIVE SUPERVISION, IN WHICH THE CHILD   1,380        

IS REQUIRED TO MAINTAIN FREQUENT CONTACT WITH A PERSON APPOINTED   1,381        

BY THE COURT TO SUPERVISE THE CHILD WHILE THE CHILD IS SEEKING OR  1,382        

MAINTAINING EMPLOYMENT AND PARTICIPATING IN TRAINING, EDUCATION,   1,383        

AND TREATMENT PROGRAMS AS THE ORDER OF DISPOSITION;                1,384        

      (vi)  A PERIOD OF BASIC SUPERVISION, IN WHICH THE CHILD IS   1,387        

REQUIRED TO MAINTAIN CONTACT WITH A PERSON APPOINTED TO SUPERVISE  1,388        

THE CHILD IN ACCORDANCE WITH SANCTIONS IMPOSED BY THE COURT;       1,389        

      (vii)  A PERIOD OF DRUG AND ALCOHOL USE MONITORING;          1,392        

      (viii)  A PERIOD IN WHICH THE COURT ORDERS THE CHILD TO      1,395        

                                                          34     

                                                                 
OBSERVE A CURFEW THAT MAY INVOLVE DAYTIME OR EVENING HOURS;        1,396        

      (ix)  A REQUIREMENT THAT THE CHILD OBTAIN A HIGH SCHOOL      1,399        

DIPLOMA, A CERTIFICATE OF HIGH SCHOOL EQUIVALENCE, OR EMPLOYMENT;  1,400        

      (x)  A SUSPENSION OF THE CHILD'S DRIVER'S LICENSE OR         1,402        

TEMPORARY INSTRUCTION PERMIT PURSUANT TO DIVISION (A)(9) OF THIS   1,404        

SECTION;                                                                        

      (xi)  IF THE COURT OBTAINS THE ASSENT OF THE VICTIM OF THE   1,407        

CRIMINAL ACT COMMITTED BY THE CHILD, A REQUIREMENT THAT THE CHILD  1,408        

PARTICIPATE IN A RECONCILIATION OR MEDIATION PROGRAM THAT          1,409        

INCLUDES A MEETING IN WHICH THE CHILD AND THE VICTIM MAY DISCUSS   1,410        

THE CRIMINAL ACT, DISCUSS RESTITUTION, AND CONSIDER OTHER          1,411        

SANCTIONS FOR THE CRIMINAL ACT.                                                 

      (12)  Commit the child to the temporary or permanent         1,413        

custody of the court;                                              1,414        

      (12)(13)  Make any further disposition that the court finds  1,416        

proper, except that the child shall not be placed in any of the    1,417        

following:                                                                      

      (a)  A state correctional institution, a county,             1,420        

multicounty, or municipal jail or workhouse, or another place in   1,421        

which an adult convicted of a crime, under arrest, or charged      1,422        

with a crime is held;                                                           

      (b)  A community corrections facility, if the child would    1,425        

be covered by the definition of public safety beds for purposes    1,426        

of sections 5139.41 to 5139.45 of the Revised Code if the court    1,427        

exercised its authority to commit the child to the legal custody   1,428        

of the department of youth services for institutionalization or    1,429        

institutionalization in a secure facility pursuant to division     1,430        

(A)(4), (5), or (6) of this section.  As used in division          1,431        

(A)(12)(b) of this section, "community corrections facility" and   1,432        

"public safety beds" have the same meanings as in section 5139.01  1,433        

of the Revised Code.                                               1,434        

      (B)(1)  If a child is adjudicated a delinquent child for     1,437        

violating section 2923.32 of the Revised Code, the court, in       1,438        

addition to any order of disposition it makes for the child under  1,439        

                                                          35     

                                                                 
division (A) of this section, shall enter an order of criminal     1,440        

forfeiture against the child, in accordance with divisions         1,441        

(B)(3), (4), (5), and (6) and (C) to (F) of section 2923.32 of     1,442        

the Revised Code.                                                               

      (2)  If a child is adjudicated a delinquent child for        1,445        

committing two or more acts that would be felonies if committed                 

by an adult and if the court entering the delinquent child         1,446        

adjudication orders the commitment of the child, for two or more   1,447        

of those acts, to the legal custody of the department of youth     1,448        

services for institutionalization or institutionalization in a     1,449        

secure facility pursuant to division (A)(4), (5), or (6) of this   1,450        

section, the court may order that all of the periods of            1,451        

commitment imposed under those divisions for those acts be served  1,453        

consecutively in the legal custody of the department of youth      1,454        

services and, if applicable, be in addition to and commence        1,455        

immediately following the expiration of a period of commitment     1,456        

that the court imposes pursuant to division (A)(7) of this         1,457        

section.  A court shall not commit a delinquent child to the       1,458        

legal custody of the department of youth services under division   1,459        

(B)(2) of this section for a period that exceeds the child's       1,460        

attainment of twenty-one years of age.                                          

      (C)  If a child is adjudicated a delinquent child for        1,462        

committing an act that, if committed by an adult, would be a drug  1,464        

abuse offense, as defined in section 2925.01 of the Revised Code,  1,465        

or for violating division (B) of section 2917.11 of the Revised    1,466        

Code, in addition to imposing in its discretion any other order    1,467        

of disposition authorized by this section, the court shall do      1,468        

both of the following:                                                          

      (1)  Require the child to participate in a drug abuse or     1,470        

alcohol abuse counseling program;                                  1,471        

      (2)  Suspend or revoke the temporary instruction permit or   1,473        

probationary operator's license issued to the child until the      1,474        

child attains eighteen years of age or attends, at the discretion  1,476        

of the court, and satisfactorily completes, a drug abuse or        1,477        

                                                          36     

                                                                 
alcohol abuse education, intervention, or treatment program        1,478        

specified by the court.  During the time the child is attending    1,479        

the program, the court shall retain any temporary instruction      1,480        

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

shall return the permit or license when the child satisfactorily   1,481        

completes the program.                                             1,482        

      (D)  If a child is adjudicated a delinquent child for        1,485        

violating section 2923.122 of the Revised Code, the court, in                   

addition to any order of disposition it makes for the child under  1,487        

division (A), (B), or (C) of this section, shall revoke the        1,489        

temporary instruction permit and deny the child the issuance of    1,490        

another temporary instruction permit in accordance with division   1,491        

(E)(1)(b) of section 2923.122 of the Revised Code or shall                      

suspend the probationary driver's license, restricted license, or  1,494        

nonresident operating privilege of the child or deny the child     1,495        

the issuance of a probationary driver's license, restricted        1,496        

license, or temporary instruction permit in accordance with        1,497        

division (E)(1)(a), (c), (d), or (e) of section 2923.122 of the    1,498        

Revised Code.                                                                   

      (E)(1)  At the dispositional hearing and prior to making     1,500        

any disposition pursuant to division (A) of this section, the      1,501        

court shall determine whether a victim of the delinquent act       1,502        

committed by the child was five years of age or younger at the     1,503        

time the delinquent act was committed, whether a victim of the     1,504        

delinquent act sustained physical harm to the victim's person      1,505        

during the commission of or otherwise as a result of the           1,506        

delinquent act, whether a victim of the delinquent act was         1,507        

sixty-five years of age or older or permanently and totally        1,508        

disabled at the time the delinquent act was committed, and         1,509        

whether the delinquent act would have been an offense of violence  1,510        

if committed by an adult.  If the victim was five years of age or  1,511        

younger at the time the delinquent act was committed, sustained    1,512        

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

otherwise as a result of the delinquent act, or was sixty-five     1,513        

                                                          37     

                                                                 
years of age or older or permanently and totally disabled at the   1,515        

time the act was committed, regardless of whether the child knew   1,516        

the age of the victim, and if the act would have been an offense   1,517        

of violence if committed by an adult, the court shall consider     1,518        

those facts in favor of imposing commitment under division         1,519        

(A)(3), (4), (5), or (6) of this section, but those facts shall    1,520        

not control the court's decision.                                               

      (2)  At the dispositional hearing and prior to making any    1,522        

disposition pursuant to division (A)(4), (5), or (6) of this       1,523        

section, the court shall determine whether the delinquent child    1,524        

previously has been adjudicated a delinquent child for a           1,525        

violation of a law or ordinance.  If the delinquent child          1,526        

previously has been adjudicated a delinquent child for a           1,527        

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

entering an order of disposition for the delinquent child under    1,528        

this section, shall consider the previous delinquent child         1,530        

adjudication as a conviction of a violation of the law or          1,531        

ordinance in determining the degree of offense the current                      

delinquent act would be had it been committed by an adult.         1,532        

      (F)(1)  When a juvenile court commits a delinquent child to  1,534        

the custody of the department of youth services pursuant to this   1,535        

section, the court shall not designate the specific institution    1,536        

in which the department is to place the child but instead shall    1,538        

specify that the child is to be institutionalized or that the      1,539        

institutionalization is to be in a secure facility if that is                   

required by division (A) of this section.                          1,540        

      (2)  When a juvenile court commits a delinquent child to     1,542        

the custody of the department of youth services, the court shall   1,543        

provide the department with the child's social history, the        1,544        

child's medical records, a copy of the report of any mental        1,545        

examination of the child ordered by the court, the section or      1,546        

sections of the Revised Code violated by the child and the degree  1,547        

of the violation, the warrant to convey the child to the           1,548        

department, and a copy of the court's journal entry ordering the   1,549        

                                                          38     

                                                                 
commitment of the child to the legal custody of the department.    1,550        

The department may refuse to accept physical custody of a          1,551        

delinquent child who is committed to the legal custody of the      1,552        

department until the court provides to the department the          1,553        

documents specified in division (F)(2) of this section.  No        1,554        

officer or employee of the department who refuses to accept        1,556        

physical custody of a delinquent child who is committed to the     1,558        

legal custody of the department shall be subject to prosecution    1,559        

or contempt of court for the refusal if the court fails to         1,560        

provide the documents specified in division (F)(2) of this         1,562        

section at the time the court transfers the physical custody of    1,563        

the child to the department.                                                    

      (3)  Within five working days after the juvenile court       1,565        

commits a delinquent child to the custody of the department of     1,566        

youth services, the court shall provide the department with a      1,567        

copy of the arrest record pertaining to the act for which the      1,568        

child was adjudicated a delinquent child, a copy of any victim     1,569        

impact statement pertaining to that act, and any other             1,570        

information concerning the child that the department reasonably    1,571        

requests.  Within twenty working days after the department of      1,572        

youth services receives physical custody of a delinquent child     1,573        

from a juvenile court, the court shall provide the department      1,574        

with a certified copy of the child's birth certificate or the      1,576        

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

reasonable efforts to obtain the information but was               1,577        

unsuccessful, the court shall provide the department with          1,578        

documentation of the efforts it made to obtain the information.    1,579        

      (4)  When a juvenile court commits a delinquent child to     1,581        

the custody of the department of youth services, the court shall   1,582        

give notice to the school attended by the child of the child's     1,583        

commitment by sending to that school a copy of the court's         1,584        

journal entry ordering the commitment.  As soon as possible after  1,585        

receipt of the notice described in this division, the school       1,586        

shall provide the department with the child's school transcript.   1,587        

                                                          39     

                                                                 
However, the department shall not refuse to accept a child         1,588        

committed to it, and a child committed to it shall not be held in  1,589        

a county or district detention home, because of a school's         1,590        

failure to provide the school transcript that it is required to    1,591        

provide under division (F)(4) of this section.                     1,592        

      (5)  The department of youth services shall provide the      1,594        

court and the school with an updated copy of the child's school    1,595        

transcript and shall provide the court with a summary of the       1,596        

institutional record of the child when it releases the child from  1,597        

institutional care.  The department also shall provide the court   1,598        

with a copy of any portion of the child's institutional record     1,599        

that the court specifically requests within five working days of   1,600        

the request.                                                                    

      (6)  When a juvenile court commits a delinquent child to     1,602        

the custody of the department of youth services pursuant to        1,603        

division (A)(4) or (5) of this section, the court shall state in   1,604        

the order of commitment the total number of days that the child    1,605        

has been held, as of the date of the issuance of the order, in     1,606        

detention in connection with the delinquent child complaint upon   1,607        

which the order of commitment is based.  The department shall      1,609        

reduce the minimum period of institutionalization or minimum       1,610        

period of institutionalization in a secure facility specified in   1,611        

division (A)(4) or (5) of this section by both the total number    1,612        

of days that the child has been so held in detention as stated by  1,613        

the court in the order of commitment and the total number of any   1,614        

additional days that the child has been held in detention          1,615        

subsequent to the order of commitment but prior to the transfer    1,616        

of physical custody of the child to the department.                             

      (G)(1)  At any hearing at which a child is adjudicated a     1,619        

delinquent child or as soon as possible after the hearing, the                  

court shall notify all victims of the delinquent act, who may be   1,620        

entitled to a recovery under any of the following sections, of     1,621        

the right of the victims to recover, pursuant to section 3109.09   1,622        

of the Revised Code, compensatory damages from the child's         1,623        

                                                          40     

                                                                 
parents; of the right of the victims to recover, pursuant to       1,624        

section 3109.10 of the Revised Code, compensatory damages from     1,625        

the child's parents for willful and malicious assaults committed   1,626        

by the child; and of the right of the victims to recover an award  1,627        

of reparations pursuant to sections 2743.51 to 2743.72 of the      1,628        

Revised Code.                                                      1,629        

      (2)  If a child is adjudicated a delinquent child for        1,632        

committing an act that, if committed by an adult, would be         1,633        

aggravated murder, murder, rape, felonious sexual penetration in                

violation of former section 2907.12 of the Revised Code,           1,634        

involuntary manslaughter, a felony of the first or second degree   1,636        

resulting in the death of or physical harm to a person,            1,637        

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   1,638        

or was substantially equivalent to any of those offenses and if    1,639        

the court in its order of disposition for that act commits the     1,640        

child to the custody of the department of youth services, the      1,641        

court may make a specific finding that the adjudication should be  1,642        

considered a conviction for purposes of a determination in the     1,643        

future, pursuant to Chapter 2929. of the Revised Code, as to       1,644        

whether the child is a repeat violent offender as defined in       1,645        

section 2929.01 of the Revised Code.  If the court makes a         1,646        

specific finding as described in this division, it shall include   1,647        

the specific finding in its order of disposition and in the        1,648        

record in the case.                                                             

      (H)(1)  If a child is adjudicated a delinquent child for     1,650        

committing an act that would be a felony if committed by an adult  1,652        

and if the child caused, attempted to cause, threatened to cause,  1,653        

or created the risk of physical harm to the victim of the act,     1,654        

the court, prior to issuing an order of disposition under this     1,655        

section, shall order the preparation of a victim impact statement  1,656        

by the probation department of the county in which the victim of   1,657        

the act resides, by the court's own probation department, or by a  1,658        

victim assistance program that is operated by the state, a         1,659        

                                                          41     

                                                                 
county, a municipal corporation, or another governmental entity.   1,660        

The court shall consider the victim impact statement in            1,661        

determining the order of disposition to issue for the child.       1,662        

      (2)  Each victim impact statement shall identify the victim  1,664        

of the act for which the child was adjudicated a delinquent        1,665        

child, itemize any economic loss suffered by the victim as a       1,666        

result of the act, identify any physical injury suffered by the    1,667        

victim as a result of the act and the seriousness and permanence   1,668        

of the injury, identify any change in the victim's personal        1,669        

welfare or familial relationships as a result of the act and any   1,670        

psychological impact experienced by the victim or the victim's     1,671        

family as a result of the act, and contain any other information   1,672        

related to the impact of the act upon the victim that the court    1,673        

requires.                                                          1,674        

      (3)  A victim impact statement shall be kept confidential    1,676        

and is not a public record, as defined in section 149.43 of the    1,677        

Revised Code.  However, the court may furnish copies of the        1,678        

statement to the department of youth services pursuant to          1,679        

division (F)(3) of this section or to both the adjudicated         1,680        

delinquent child or the adjudicated delinquent child's counsel     1,681        

and the prosecuting attorney.  The copy of a victim impact         1,683        

statement furnished by the court to the department pursuant to     1,684        

division (F)(3) of this section shall be kept confidential and is  1,685        

not a public record, as defined in section 149.43 of the Revised   1,686        

Code.  The copies of a victim impact statement that are made       1,687        

available to the adjudicated delinquent child or the adjudicated   1,688        

delinquent child's counsel and the prosecuting attorney pursuant   1,690        

to division (H)(3) of this section shall be returned to the court  1,693        

by the person to whom they were made available immediately         1,694        

following the imposition of an order of disposition for the child  1,695        

under this section.                                                             

      (I)(1)  As used in this division (I)(2) OF THIS SECTION,     1,698        

"felony drug abuse offense" has the same meaning as in section     1,699        

2925.01 of the Revised Code.                                       1,700        

                                                          42     

                                                                 
      (2)  Sections 2925.41 to 2925.45 of the Revised Code apply   1,702        

to children who are adjudicated or could be adjudicated by a       1,703        

juvenile court to be delinquent children for an act that, if       1,704        

committed by an adult, would be a felony drug abuse offense.       1,705        

Subject to division (B) of section 2925.42 and division (E) of     1,706        

section 2925.43 of the Revised Code, a delinquent child of that    1,707        

nature loses any right to the possession of, and forfeits to the   1,708        

state any right, title, and interest that the delinquent child     1,709        

may have in, property as defined in section 2925.41 and further    1,711        

described in section 2925.42 or 2925.43 of the Revised Code.       1,712        

      (3)  SECTIONS 2923.44 TO 2923.47 OF THE REVISED CODE APPLY   1,715        

TO CHILDREN WHO ARE ADJUDICATED OR COULD BE ADJUDICATED BY A       1,716        

JUVENILE COURT TO BE DELINQUENT CHILDREN FOR AN ACT IN VIOLATION   1,717        

OF SECTION 2923.42 OF THE REVISED CODE.  SUBJECT TO DIVISION (B)   1,719        

OF SECTION 2923.44 AND DIVISION (E) OF SECTION 2923.45 OF THE      1,720        

REVISED CODE, A DELINQUENT CHILD OF THAT NATURE LOSES ANY RIGHT    1,721        

TO THE POSSESSION OF, AND FORFEITS TO THE STATE ANY RIGHT, TITLE,               

AND INTEREST THAT THE DELINQUENT CHILD MAY HAVE IN, PROPERTY AS    1,722        

DEFINED IN SECTION 2923.41 OF THE REVISED CODE AND FURTHER         1,723        

DESCRIBED IN SECTION 2923.44 OR 2923.45 OF THE REVISED CODE.       1,724        

      (J)(1)  As used in this section:                             1,726        

      (a)  "Electronic monitoring device," "certified electronic   1,728        

monitoring device," "electronic monitoring system," and            1,729        

"certified electronic monitoring system" have the same meanings    1,730        

as in section 2929.23 of the Revised Code.                         1,731        

      (b)  "Electronically monitored house detention" means a      1,733        

period of confinement of a child in the child's home or in other   1,734        

premises specified by the court, during which period of            1,736        

confinement all of the following apply:                            1,737        

      (i)  The child wears, otherwise has attached to the child's  1,739        

person, or otherwise is subject to monitoring by a certified       1,740        

electronic monitoring device or is subject to monitoring by a      1,741        

certified electronic monitoring system.                            1,742        

      (ii)  The child is required to remain in the child's home    1,744        

                                                          43     

                                                                 
or other premises specified by the court for the specified period  1,745        

of confinement, except for periods of time during which the child  1,746        

is at school or at other premises as authorized by the court.      1,747        

      (iii)  The child is subject to monitoring by a central       1,749        

system that monitors the certified electronic monitoring device    1,750        

that is attached to the child's person or that otherwise is being  1,751        

used to monitor the child and that can monitor and determine the   1,753        

child's location at any time or at a designated point in time, or  1,754        

the child is required to participate in monitoring by a certified  1,756        

electronic monitoring system.                                      1,757        

      (iv)  The child is required by the court to report           1,759        

periodically to a person designated by the court.                  1,760        

      (v)  The child is subject to any other restrictions and      1,762        

requirements that may be imposed by the court.                     1,763        

      (2)  A juvenile court, pursuant to division (A)(10) of this  1,765        

section, may impose a period of electronically monitored house     1,766        

detention upon a child who is adjudicated a delinquent child for   1,767        

committing an act that, if committed by an adult, would be a       1,768        

criminal offense that would qualify the adult as an eligible       1,769        

offender pursuant to division (A)(3) of section 2929.23 of the     1,770        

Revised Code.  The court may impose a period of electronically     1,771        

monitored house detention in addition to or in lieu of any other   1,772        

dispositional order imposed upon the child, except that any        1,773        

period of electronically monitored house detention shall not       1,774        

extend beyond the child's eighteenth birthday.  If a court         1,775        

imposes a period of electronically monitored house detention upon  1,776        

a child, it shall require the child to wear, otherwise have        1,777        

attached to the child's person, or otherwise be subject to         1,778        

monitoring by a certified electronic monitoring device or to       1,780        

participate in the operation of and monitoring by a certified      1,781        

electronic monitoring system; to remain in the child's home or     1,782        

other specified premises for the entire period of electronically   1,784        

monitored house detention except when the court permits the child  1,785        

to leave those premises to go to school or to other specified      1,786        

                                                          44     

                                                                 
premises; to be monitored by a central system that monitors the    1,787        

certified electronic monitoring device that is attached to the     1,788        

child's person or that otherwise is being used to monitor the      1,789        

child and that can monitor and determine the child's location at   1,790        

any time or at a designated point in time or to be monitored by    1,791        

the certified electronic monitoring system; to report              1,792        

periodically to a person designated by the court; and, in return   1,793        

for receiving a dispositional order of electronically monitored    1,794        

house detention, to enter into a written contract with the court   1,795        

agreeing to comply with all restrictions and requirements imposed  1,796        

by the court, agreeing to pay any fee imposed by the court for     1,797        

the costs of the electronically monitored house detention imposed  1,798        

by the court pursuant to division (E) of section 2929.23 of the    1,799        

Revised Code, and agreeing to waive the right to receive credit    1,800        

for any time served on electronically monitored house detention    1,801        

toward the period of any other dispositional order imposed upon    1,802        

the child for the act for which the dispositional order of         1,803        

electronically monitored house detention was imposed if the child  1,804        

violates any of the restrictions or requirements of the            1,805        

dispositional order of electronically monitored house detention.   1,806        

The court also may impose other reasonable restrictions and        1,807        

requirements upon the child.                                                    

      (3)  If a child violates any of the restrictions or          1,809        

requirements imposed upon the child as part of the child's         1,810        

dispositional order of electronically monitored house detention,   1,811        

the child shall not receive credit for any time served on          1,812        

electronically monitored house detention toward any other          1,813        

dispositional order imposed upon the child for the act for which   1,814        

the dispositional order of electronically monitored house          1,816        

detention was imposed.                                                          

      (K)  Within ten days after completion of the adjudication,   1,818        

the court shall give written notice of an adjudication that a      1,819        

child is a delinquent child to the superintendent of a city,       1,820        

local, exempted village, or joint vocational school district if    1,821        

                                                          45     

                                                                 
the basis of the adjudication was the commission of an act that    1,822        

would be a criminal offense if committed by an adult and that was  1,823        

committed by the delinquent child when the child was sixteen       1,824        

years of age or older and if the act is any of the following:      1,825        

      (1)  A violation of section 2923.122 of the Revised Code     1,827        

that relates to property owned or controlled by, or to an          1,828        

activity held under the auspices of, the board of education of     1,829        

that school district;                                              1,830        

      (2)  A violation of section 2923.12 of the Revised Code or   1,832        

of a substantially similar municipal ordinance that was committed  1,833        

on property owned or controlled by, or at an activity held under   1,834        

the auspices of, the board of education of that school district;   1,835        

      (3)  A violation of division (A) of section 2925.03 or       1,837        

2925.11 of the Revised Code that was committed on property owned   1,838        

or controlled by, or at an activity held under the auspices of,    1,839        

the board of education of that school district and that is not a   1,840        

minor drug possession offense as defined in section 2925.01 of     1,841        

the Revised Code;                                                               

      (4)  A violation of section 2903.01, 2903.02, 2903.03,       1,843        

2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised      1,845        

Code, or a violation of former section 2907.12 of the Revised                   

Code, that was committed on property owned or controlled by, or    1,846        

at an activity held under the auspices of, the board of education  1,847        

of that school district, if the victim at the time of the          1,849        

commission of the act was an employee of the board of education    1,850        

of that school district;                                                        

      (5)  Complicity in any violation described in division       1,852        

(K)(1), (2), (3), or (4) of this section that was alleged to have  1,854        

been committed in the manner described in division (K)(1), (2),    1,855        

(3), or (4) of this section, regardless of whether the act of      1,857        

complicity was committed on property owned or controlled by, or    1,858        

at an activity held under the auspices of, the board of education  1,859        

of that school district.                                           1,860        

      (L)  During the period of a delinquent child's probation     1,862        

                                                          46     

                                                                 
granted under division (A)(2) of this section, authorized          1,865        

probation officers who are engaged within the scope of their       1,866        

supervisory duties or responsibilities may search, with or         1,867        

without a warrant, the person of the delinquent child, the place                

of residence of the delinquent child, and a motor vehicle,         1,868        

another item of tangible or intangible personal property, or       1,869        

other real property in which the delinquent child has a right,     1,870        

title, or interest or for which the delinquent child has the       1,871        

express or implied permission of a person with a right, title, or  1,872        

interest to use, occupy, or possess if the probation officers      1,873        

have reasonable grounds to believe that the delinquent child is    1,874        

not abiding by the law or otherwise is not complying with the      1,875        

conditions of the delinquent child's probation.  The court that    1,876        

places a delinquent child on probation under division (A)(2) of    1,877        

this section shall provide the delinquent child with a written     1,878        

notice that informs the delinquent child that authorized           1,879        

probation officers who are engaged within the scope of their       1,880        

supervisory duties or responsibilities may conduct those types of  1,882        

searches during the period of probation if they have reasonable                 

grounds to believe that the delinquent child is not abiding by     1,883        

the law or otherwise is not complying with the conditions of the   1,884        

delinquent child's probation.  The court also shall provide the    1,885        

written notice described in division (C)(2)(b) of section          1,886        

2151.411 of the Revised Code to each parent, guardian, or                       

custodian of the delinquent child who is described in division     1,887        

(C)(2)(a) of that section.                                         1,888        

      (M)  THIS IS AN INTERIM VERSION EFFECTIVE UNTIL JULY 1,      1,890        

1998.                                                              1,891        

      Sec. 2151.356.  (A)  Unless division (C) of this section     1,900        

applies, if a child is adjudicated a juvenile traffic offender,    1,901        

the court may make any of the following orders of disposition:     1,902        

      (1)  Impose a fine and costs in accordance with the          1,904        

schedule set forth in section 2151.3512 of the Revised Code;       1,905        

      (2)  Suspend the child's probationary operator's license or  1,907        

                                                          47     

                                                                 
the registration of all motor vehicles registered in the name of   1,908        

the child for the period that the court prescribes;                1,909        

      (3)  Revoke the child's probationary driver's license or     1,911        

the registration of all motor vehicles registered in the name of   1,912        

the child;                                                         1,913        

      (4)  Place the child on probation;                           1,915        

      (5)  Require the child to make restitution for all damages   1,917        

caused by the child's traffic violation or any part of the         1,918        

damages;                                                           1,919        

      (6)  If the child is adjudicated a juvenile traffic          1,921        

offender for committing a violation of division (A) of section     1,923        

4511.19 of the Revised Code or of a municipal ordinance that is    1,924        

substantially comparable to that division, commit the child, for   1,925        

not longer than five days, to the temporary custody of a           1,926        

detention home or district detention home established under                     

section 2151.34 of the Revised Code, or to the temporary custody   1,927        

of any school, camp, institution, or other facility for children   1,928        

operated in whole or in part for the care of juvenile traffic      1,930        

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      1,931        

private agency or organization within the state that is            1,932        

authorized and qualified to provide the care, treatment, or        1,933        

placement required.  If an order of disposition committing a       1,934        

child to the temporary custody of a home, school, camp,            1,935        

institution, or other facility of that nature is made under        1,936        

division (A)(6) of this section, the length of the commitment                   

shall not be reduced or diminished as a credit for any time that   1,937        

the child was held in a place of detention or shelter care, or     1,938        

otherwise was detained, prior to entry of the order of             1,939        

disposition.                                                                    

      (7)  If, after making a disposition under divisions (A)(1)   1,941        

to (6) of this section, the court finds upon further hearing that  1,942        

the child has failed to comply with the orders of the court and    1,943        

the child's operation of a motor vehicle constitutes the child a   1,945        

                                                          48     

                                                                 
danger to the child and to others, the court may make any          1,946        

disposition authorized by divisions (A)(1), (2), and (A)(7) to     1,947        

(11)(10), AND (A)(12) of section 2151.355 of the Revised Code,     1,949        

except that the child may not be committed to or placed in a       1,950        

secure correctional facility unless authorized by division (A)(6)  1,951        

of this section, and commitment to or placement in a detention     1,952        

home may not exceed twenty-four hours.                                          

      (B)  If a child is adjudicated a juvenile traffic offender   1,954        

for violating division (A) of section 4511.19 of the Revised       1,956        

Code, the court shall suspend or revoke the temporary instruction  1,957        

permit or probationary driver's license issued to the child until  1,958        

the child attains eighteen years of age or attends, at the         1,959        

discretion of the court, and satisfactorily completes a drug       1,960        

abuse or alcohol abuse education, intervention, or treatment       1,961        

program specified by the court.  During the time the child is      1,962        

attending the program, the court shall retain any temporary        1,963        

instruction permit or probationary license issued to the child     1,964        

and shall return the permit or license when the child              1,965        

satisfactorily completes the program.  If a child is adjudicated   1,966        

a juvenile traffic offender for violating division (B) of section  1,967        

4511.19 of the Revised Code, the court shall suspend the           1,968        

temporary instruction permit or probationary driver's license      1,969        

issued to the child for the shorter period of sixty days or until  1,970        

the child attains eighteen years of age.                           1,971        

      (C)  If a child is adjudicated a juvenile traffic offender   1,973        

for violating division (B)(1) or (2) of section 4513.263 of the    1,975        

Revised Code, the court shall impose the appropriate fine set                   

forth in section 4513.99 of the Revised Code.  If a child is       1,976        

adjudicated a juvenile traffic offender for violating division     1,978        

(B)(3) of section 4513.263 of the Revised Code and if the child    1,980        

is sixteen years of age or older, the court shall impose the fine  1,981        

set forth in division (G) of section 4513.99 of the Revised Code.  1,982        

If a child is adjudicated a juvenile traffic offender for          1,983        

violating division (B)(3) of section 4513.263 of the Revised Code  1,984        

                                                          49     

                                                                 
and if the child is under sixteen years of age, the court shall    1,985        

not impose a fine but may place the child on probation.            1,986        

      (D)  A juvenile traffic offender is subject to sections      1,988        

4509.01 to 4509.77 of the Revised Code.                            1,989        

      Sec. 2923.41.  AS USED IN SECTIONS 2923.41 TO 2923.47 OF     1,992        

THE REVISED CODE:                                                               

      (A)  "CRIMINAL GANG" MEANS AN ONGOING FORMAL OR INFORMAL     1,994        

ORGANIZATION, ASSOCIATION, OR GROUP OF THREE OR MORE PERSONS TO    1,995        

WHICH ALL OF THE FOLLOWING APPLY:                                  1,996        

      (1)  IT HAS AS ONE OF ITS PRIMARY ACTIVITIES THE COMMISSION  1,999        

OF ONE OR MORE OF THE OFFENSES LISTED IN DIVISION (B) OF THIS      2,000        

SECTION.                                                                        

      (2)  IT HAS A COMMON NAME OR ONE OR MORE COMMON,             2,002        

IDENTIFYING SIGNS, SYMBOLS, OR COLORS.                             2,003        

      (3)  THE PERSONS IN THE ORGANIZATION, ASSOCIATION, OR GROUP  2,005        

INDIVIDUALLY OR COLLECTIVELY ENGAGE IN OR HAVE ENGAGED IN A        2,006        

PATTERN OF CRIMINAL GANG ACTIVITY.                                              

      (B)(1)  "PATTERN OF CRIMINAL GANG ACTIVITY" MEANS, SUBJECT   2,008        

TO DIVISION (B)(2) OF THIS SECTION, THAT PERSONS IN THE CRIMINAL   2,010        

GANG HAVE COMMITTED, ATTEMPTED TO COMMIT, CONSPIRED TO COMMIT,     2,011        

BEEN COMPLICITORS IN THE COMMISSION OF, OR SOLICITED, COERCED, OR  2,012        

INTIMIDATED ANOTHER TO COMMIT, ATTEMPT TO COMMIT, CONSPIRE TO      2,013        

COMMIT, OR BE IN COMPLICITY IN THE COMMISSION OF TWO OR MORE OF    2,015        

ANY OF THE FOLLOWING OFFENSES:                                                  

      (a)  A FELONY OR AN ACT COMMITTED BY A JUVENILE THAT WOULD   2,017        

BE A FELONY IF COMMITTED BY AN ADULT;                              2,018        

      (b)  AN OFFENSE OF VIOLENCE OR AN ACT COMMITTED BY A         2,020        

JUVENILE THAT WOULD BE AN OFFENSE OF VIOLENCE IF COMMITTED BY AN   2,021        

ADULT;                                                                          

      (c)  A VIOLATION OF SECTION 2907.04, 2909.06, 2911.211,      2,025        

2917.04, 2919.23, OR 2919.24 OF THE REVISED CODE, SECTION 2921.04  2,027        

OR 2923.16 OF THE REVISED CODE, SECTION 2925.03 OF THE REVISED                  

CODE IF THE OFFENSE IS TRAFFICKING IN MARIHUANA, OR SECTION        2,029        

2927.12 OF THE REVISED CODE.                                       2,030        

                                                          50     

                                                                 
      (2)  THERE IS A "PATTERN OF CRIMINAL GANG ACTIVITY" IF ALL   2,032        

OF THE FOLLOWING APPLY WITH RESPECT TO THE OFFENSES THAT ARE       2,033        

LISTED IN DIVISION (B)(1)(a), (b), OR (c) OF THIS SECTION AND      2,036        

THAT PERSONS IN THE CRIMINAL GANG COMMITTED, ATTEMPTED TO COMMIT,  2,037        

CONSPIRED TO COMMIT, WERE IN COMPLICITY IN COMMITTING, OR          2,039        

SOLICITED, COERCED, OR INTIMIDATED ANOTHER TO COMMIT, ATTEMPT TO   2,040        

COMMIT, CONSPIRE TO COMMIT, OR BE IN COMPLICITY IN COMMITTING:     2,041        

      (a)  AT LEAST ONE OF THE TWO OR MORE OFFENSES IS A FELONY.   2,043        

      (b)  AT LEAST ONE OF THOSE TWO OR MORE OFFENSES OCCURS ON    2,045        

OR AFTER THE EFFECTIVE DATE OF THIS SECTION.                       2,046        

      (c)  THE LAST OF THOSE TWO OR MORE OFFENSES OCCURS WITHIN    2,048        

FIVE YEARS AFTER AT LEAST ONE OF THOSE OFFENSES.                   2,049        

      (d)  THE TWO OR MORE OFFENSES ARE COMMITTED ON SEPARATE      2,051        

OCCASIONS OR BY TWO OR MORE PERSONS.                               2,052        

      (C)  "CRIMINAL CONDUCT" MEANS THE COMMISSION OF, AN ATTEMPT  2,054        

TO COMMIT, A CONSPIRACY TO COMMIT, COMPLICITY IN THE COMMISSION    2,056        

OF, OR SOLICITATION, COERCION, OR INTIMIDATION OF ANOTHER TO       2,057        

COMMIT, ATTEMPT TO COMMIT, CONSPIRE TO COMMIT, OR BE IN            2,058        

COMPLICITY IN THE COMMISSION OF AN OFFENSE LISTED IN DIVISION      2,059        

(B)(1)(a), (b), OR (c) OF THIS SECTION OR AN ACT THAT IS           2,060        

COMMITTED BY A JUVENILE AND THAT WOULD BE AN OFFENSE, AN ATTEMPT   2,062        

TO COMMIT AN OFFENSE, A CONSPIRACY TO COMMIT AN OFFENSE,           2,063        

COMPLICITY IN THE COMMISSION OF, OR SOLICITATION, COERCION, OR     2,064        

INTIMIDATION OF ANOTHER TO COMMIT, ATTEMPT TO COMMIT, CONSPIRE TO  2,065        

COMMIT, OR BE IN COMPLICITY IN THE COMMISSION OF AN OFFENSE        2,066        

LISTED IN DIVISION (B)(1)(a), (b), OR (c) OF THIS SECTION IF       2,068        

COMMITTED BY AN ADULT.                                                          

      (D)  "JUVENILE" MEANS A PERSON WHO IS UNDER EIGHTEEN YEARS   2,070        

OF AGE.                                                                         

      (E)  "LAW ENFORCEMENT AGENCY" INCLUDES, BUT IS NOT LIMITED   2,072        

TO, THE STATE BOARD OF PHARMACY AND THE OFFICE OF A PROSECUTOR.    2,073        

      (F)  "PROSECUTOR" HAS THE SAME MEANING AS IN SECTION         2,076        

2935.01 OF THE REVISED CODE.                                       2,077        

      (G)  "FINANCIAL INSTITUTION" MEANS A BANK, CREDIT UNION,     2,079        

                                                          51     

                                                                 
SAVINGS AND LOAN ASSOCIATION, OR A LICENSEE OR REGISTRANT UNDER    2,081        

CHAPTER 1321. OF THE REVISED CODE.                                              

      (H)  "PROPERTY" INCLUDES BOTH OF THE FOLLOWING:              2,083        

      (1)  REAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, THINGS    2,085        

GROWING ON, AFFIXED TO, AND FOUND IN THE REAL PROPERTY;            2,087        

      (2)  TANGIBLE AND INTANGIBLE PERSONAL PROPERTY, INCLUDING,   2,089        

BUT NOT LIMITED TO, RIGHTS, PRIVILEGES, INTERESTS, CLAIMS, AND     2,091        

SECURITIES.                                                                     

      (I)  "FIREARMS" AND "DANGEROUS ORDNANCE" HAVE THE SAME       2,093        

MEANINGS AS IN SECTION 2923.11 OF THE REVISED CODE.                2,094        

      (J)  "COMPUTERS," "COMPUTER NETWORKS," "COMPUTER SYSTEMS,"   2,096        

AND "COMPUTER SOFTWARE" HAVE THE SAME MEANINGS AS IN SECTION       2,097        

2913.01 OF THE REVISED CODE.                                                    

      (K)  "VEHICLE" HAS THE SAME MEANING AS IN SECTION 4501.01    2,099        

OF THE REVISED CODE.                                                            

      Sec. 2923.42.  (A)  NO PERSON WHO ACTIVELY PARTICIPATES IN   2,102        

A CRIMINAL GANG, WITH KNOWLEDGE THAT THE CRIMINAL GANG ENGAGES IN  2,103        

OR HAS ENGAGED IN A PATTERN OF CRIMINAL GANG ACTIVITY, SHALL       2,104        

PURPOSELY PROMOTE, FURTHER, OR ASSIST ANY CRIMINAL CONDUCT, AS                  

DEFINED IN DIVISION (C) OF SECTION 2923.41 OF THE REVISED CODE,    2,105        

OR SHALL PURPOSELY COMMIT OR ENGAGE IN ANY ACT THAT CONSTITUTES    2,107        

CRIMINAL CONDUCT, AS DEFINED IN DIVISION (C) OF SECTION 2923.41    2,108        

OF THE REVISED CODE.                                                            

      (B)  WHOEVER VIOLATES THIS SECTION IS GUILTY OF              2,111        

PARTICIPATING IN A CRIMINAL GANG, A FELONY OF THE SECOND DEGREE.   2,113        

      (C)(1)  NOTWITHSTANDING ANY CONTRARY PROVISION OF ANY        2,115        

SECTION OF THE REVISED CODE, THE CLERK OF THE COURT SHALL PAY ANY  2,116        

FINE IMPOSED FOR A VIOLATION OF THIS SECTION PURSUANT TO DIVISION  2,117        

(A) OF SECTION 2929.18 OF THE REVISED CODE TO THE COUNTY,          2,119        

TOWNSHIP, MUNICIPAL CORPORATION, PARK DISTRICT, AS CREATED         2,120        

PURSUANT TO SECTION 511.18 OR 1545.04 OF THE REVISED CODE, OR      2,121        

STATE LAW ENFORCEMENT AGENCIES IN THIS STATE THAT PRIMARILY WERE   2,122        

RESPONSIBLE FOR OR INVOLVED IN MAKING THE ARREST OF, AND IN        2,123        

PROSECUTING, THE OFFENDER.  HOWEVER, THE CLERK SHALL NOT PAY A                  

                                                          52     

                                                                 
FINE SO IMPOSED TO A LAW ENFORCEMENT AGENCY UNLESS THE AGENCY HAS  2,125        

ADOPTED A WRITTEN INTERNAL CONTROL POLICY UNDER DIVISION (C)(2)    2,126        

OF THIS SECTION THAT ADDRESSES THE USE OF THE FINE MONEYS THAT IT  2,127        

RECEIVES.  EACH AGENCY SHALL USE THE FINES SO PAID IN ACCORDANCE   2,128        

WITH THE WRITTEN INTERNAL CONTROL POLICY ADOPTED BY THE RECIPIENT  2,129        

AGENCY UNDER DIVISION (C)(2) OF THIS SECTION TO SUBSIDIZE THE      2,131        

AGENCY'S LAW ENFORCEMENT EFFORTS THAT PERTAIN TO CRIMINAL GANGS.   2,132        

      (2)(a)  PRIOR TO RECEIVING ANY FINE MONEYS UNDER DIVISION    2,135        

(C)(1) OF THIS SECTION OR DIVISION (B)(5) OF SECTION 2923.44 OF    2,136        

THE REVISED CODE, A LAW ENFORCEMENT AGENCY SHALL ADOPT A WRITTEN   2,138        

INTERNAL CONTROL POLICY THAT ADDRESSES THE AGENCY'S USE AND        2,139        

DISPOSITION OF ALL FINE MONEYS SO RECEIVED AND THAT PROVIDES FOR   2,140        

THE KEEPING OF DETAILED FINANCIAL RECORDS OF THE RECEIPTS OF       2,141        

THOSE FINE MONEYS, THE GENERAL TYPES OF EXPENDITURES MADE OUT OF   2,142        

THOSE FINE MONEYS, AND THE SPECIFIC AMOUNT OF EACH GENERAL TYPE    2,143        

OF EXPENDITURE.  THE POLICY SHALL NOT PROVIDE FOR OR PERMIT THE    2,144        

IDENTIFICATION OF ANY SPECIFIC EXPENDITURE THAT IS MADE IN AN      2,145        

ONGOING INVESTIGATION.  ALL FINANCIAL RECORDS OF THE RECEIPTS OF   2,146        

THOSE FINE MONEYS, THE GENERAL TYPES OF EXPENDITURES MADE OUT OF   2,147        

THOSE FINE MONEYS, AND THE SPECIFIC AMOUNT OF EACH GENERAL TYPE    2,148        

OF EXPENDITURE BY AN AGENCY ARE PUBLIC RECORDS OPEN FOR            2,149        

INSPECTION UNDER SECTION 149.43 OF THE REVISED CODE.               2,150        

ADDITIONALLY, A WRITTEN INTERNAL CONTROL POLICY ADOPTED UNDER      2,151        

DIVISION (C)(2)(a) OF THIS SECTION IS A PUBLIC RECORD OPEN FOR     2,153        

INSPECTION UNDER SECTION 149.43 OF THE REVISED CODE, AND THE                    

AGENCY THAT ADOPTED THE POLICY SHALL COMPLY WITH IT.               2,154        

      (b)  EACH LAW ENFORCEMENT AGENCY THAT RECEIVES IN ANY        2,156        

CALENDAR YEAR ANY FINE MONEYS UNDER DIVISION (C)(1) OF THIS        2,157        

SECTION OR DIVISION (B)(5) OF SECTION 2923.44 OF THE REVISED CODE  2,158        

SHALL PREPARE A REPORT COVERING THE CALENDAR YEAR THAT CUMULATES   2,159        

ALL OF THE INFORMATION CONTAINED IN ALL OF THE PUBLIC FINANCIAL    2,160        

RECORDS KEPT BY THE AGENCY PURSUANT TO DIVISION (C)(2)(a) OF THIS  2,163        

SECTION FOR THAT CALENDAR YEAR AND SHALL SEND A COPY OF THE        2,164        

CUMULATIVE REPORT, NO LATER THAN THE FIRST DAY OF MARCH IN THE     2,165        

                                                          53     

                                                                 
CALENDAR YEAR FOLLOWING THE CALENDAR YEAR COVERED BY THE REPORT,   2,166        

TO THE ATTORNEY GENERAL.  EACH REPORT RECEIVED BY THE ATTORNEY     2,167        

GENERAL IS A PUBLIC RECORD OPEN FOR INSPECTION UNDER SECTION       2,168        

149.43 OF THE REVISED CODE.  THE ATTORNEY GENERAL SHALL MAKE       2,169        

COPIES OF EACH REPORT RECEIVED AND, NO LATER THAN THE FIFTEENTH    2,170        

DAY OF APRIL IN THE CALENDAR YEAR IN WHICH THE REPORT IS           2,171        

RECEIVED, SHALL SEND A COPY OF THE REPORT TO THE PRESIDENT OF THE  2,172        

SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.            2,173        

      Sec. 2923.43.  ANY BUILDING, PREMISES, OR REAL ESTATE,       2,175        

INCLUDING VACANT LAND, THAT IS USED OR OCCUPIED BY A CRIMINAL      2,176        

GANG ON MORE THAN TWO OCCASIONS WITHIN A ONE-YEAR PERIOD TO        2,178        

ENGAGE IN A PATTERN OF CRIMINAL GANG ACTIVITY CONSTITUTES A        2,179        

NUISANCE SUBJECT TO ABATEMENT PURSUANT TO SECTIONS 3767.01 TO      2,180        

3767.11 OF THE REVISED CODE.                                                    

      Sec. 2923.44.  (A)(1)  IN ACCORDANCE WITH DIVISION (B) OF    2,182        

THIS SECTION, A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO A   2,183        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, AND A JUVENILE   2,184        

WHO IS FOUND BY A JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN   2,185        

ACT COMMITTED IN VIOLATION OF SECTION 2923.42 OF THE REVISED       2,186        

CODE, LOSES ANY RIGHT TO THE POSSESSION OF PROPERTY AND FORFEITS   2,187        

TO THE STATE ANY RIGHT, TITLE, AND INTEREST THE PERSON MAY HAVE    2,188        

IN THAT PROPERTY IF EITHER OF THE FOLLOWING APPLIES:               2,189        

      (a)  THE PROPERTY CONSTITUTES, OR IS DERIVED DIRECTLY OR     2,191        

INDIRECTLY FROM, ANY PROCEEDS THAT THE PERSON OBTAINED DIRECTLY    2,192        

OR INDIRECTLY FROM THE COMMISSION OF THE VIOLATION OF SECTION      2,194        

2923.42 OF THE REVISED CODE.                                                    

      (b)  THE PROPERTY WAS USED OR INTENDED TO BE USED IN ANY     2,196        

MANNER TO COMMIT, OR TO FACILITATE THE COMMISSION OF, THE          2,197        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE.                  2,198        

      (2)  ALL RIGHT, TITLE, AND INTEREST OF A PERSON IN PROPERTY  2,200        

DESCRIBED IN DIVISION (A)(1) OF THIS SECTION VESTS IN THE STATE    2,201        

UPON THE PERSON'S COMMISSION OF THE VIOLATION OF SECTION 2923.42   2,202        

OF THE REVISED CODE OF WHICH THE PERSON IS CONVICTED OR TO WHICH   2,203        

THE PERSON PLEADS GUILTY AND THAT IS THE BASIS OF THE FORFEITURE,  2,204        

                                                          54     

                                                                 
OR UPON THE JUVENILE'S COMMISSION OF THE ACT THAT IS A VIOLATION   2,206        

OF SECTION 2923.42 OF THE REVISED CODE, THAT IS THE BASIS OF THE                

JUVENILE BEING FOUND TO BE A DELINQUENT CHILD, AND THAT IS THE     2,207        

BASIS OF THE FORFEITURE.  SUBJECT TO DIVISIONS (F)(3)(b) AND       2,209        

(5)(b) AND (G)(2) OF THIS SECTION, IF ANY RIGHT, TITLE, OR         2,211        

INTEREST IN PROPERTY IS VESTED IN THIS STATE UNDER DIVISION        2,212        

(A)(2) OF THIS SECTION AND SUBSEQUENTLY IS TRANSFERRED TO A        2,213        

PERSON OTHER THAN THE ADULT OFFENDER OR THE DELINQUENT CHILD WHO   2,214        

FORFEITS THE RIGHT, TITLE, OR INTEREST IN THE PROPERTY UNDER       2,215        

DIVISION (A)(1) OF THIS SECTION, THEN, IN ACCORDANCE WITH          2,217        

DIVISION (B) OF THIS SECTION, THE RIGHT, TITLE, OR INTEREST IN     2,218        

THE PROPERTY MAY BE THE SUBJECT OF A SPECIAL VERDICT OF            2,219        

FORFEITURE AND, AFTER ANY SPECIAL VERDICT OF FORFEITURE, SHALL BE  2,220        

ORDERED FORFEITED TO THIS STATE, UNLESS THE TRANSFEREE             2,221        

ESTABLISHES IN A HEARING HELD PURSUANT TO DIVISION (F) OF THIS     2,222        

SECTION THAT THE TRANSFEREE IS A BONA FIDE PURCHASER FOR VALUE OF  2,223        

THE RIGHT, TITLE, OR INTEREST IN THE PROPERTY AND THAT, AT THE                  

TIME OF ITS PURCHASE, THE TRANSFEREE WAS REASONABLY WITHOUT CAUSE  2,224        

TO BELIEVE THAT IT WAS SUBJECT TO FORFEITURE UNDER THIS SECTION.   2,225        

      (3)  THE PROVISIONS OF SECTION 2923.45 OF THE REVISED CODE   2,227        

THAT RELATE TO THE FORFEITURE OF ANY RIGHT, TITLE, OR INTEREST IN  2,228        

PROPERTY ASSOCIATED WITH A VIOLATION OF SECTION 2923.42 OF THE     2,229        

REVISED CODE PURSUANT TO A CIVIL ACTION TO OBTAIN A CIVIL          2,230        

FORFEITURE DO NOT APPLY TO THE FORFEITURE OF ANY RIGHT, TITLE, OR  2,231        

INTEREST IN PROPERTY DESCRIBED IN DIVISION (A)(1) OF THIS SECTION  2,232        

THAT OCCURS PURSUANT TO DIVISION (B) OF THIS SECTION UPON A        2,233        

PERSON'S CONVICTION OF OR GUILTY PLEA TO A VIOLATION OF SECTION    2,234        

2923.42 OF THE REVISED CODE OR UPON A JUVENILE BEING FOUND BY A    2,235        

JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A       2,236        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE.                               

      (4)  NOTHING IN THIS SECTION PRECLUDES A FINANCIAL           2,238        

INSTITUTION THAT HAS OR PURPORTS TO HAVE A SECURITY INTEREST IN    2,239        

OR LIEN ON PROPERTY DESCRIBED IN DIVISION (A)(1) OF THIS SECTION   2,240        

FROM COMMENCING A CIVIL ACTION OR TAKING OTHER APPROPRIATE LEGAL   2,241        

                                                          55     

                                                                 
ACTION IN CONNECTION WITH THE PROPERTY PRIOR TO ITS DISPOSITION    2,242        

IN ACCORDANCE WITH SECTION 2923.46 OF THE REVISED CODE FOR THE     2,243        

PURPOSE OF OBTAINING POSSESSION OF THE PROPERTY IN ORDER TO        2,244        

FORECLOSE OR OTHERWISE ENFORCE THE SECURITY INTEREST OR LIEN.  A   2,245        

FINANCIAL INSTITUTION MAY COMMENCE A CIVIL ACTION OR TAKE OTHER    2,246        

APPROPRIATE LEGAL ACTION FOR THAT PURPOSE PRIOR TO THE             2,247        

DISPOSITION OF THE PROPERTY IN ACCORDANCE WITH SECTION 2923.46 OF  2,249        

THE REVISED CODE, EVEN IF A PROSECUTION FOR A VIOLATION OF                      

SECTION 2923.42 OF THE REVISED CODE OR A DELINQUENT CHILD          2,250        

PROCEEDING FOR AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF    2,251        

THE REVISED CODE HAS BEEN OR COULD BE COMMENCED, EVEN IF THE       2,252        

PROPERTY IS OR COULD BE THE SUBJECT OF AN ORDER OF FORFEITURE      2,253        

ISSUED UNDER DIVISION (B)(5) OF THIS SECTION, AND EVEN IF THE      2,254        

PROPERTY HAS BEEN SEIZED OR IS SUBJECT TO SEIZURE PURSUANT TO      2,255        

DIVISION (D) OR (E) OF THIS SECTION.                                            

      IF A FINANCIAL INSTITUTION COMMENCES A CIVIL ACTION OR       2,257        

TAKES ANY OTHER APPROPRIATE LEGAL ACTION AS DESCRIBED IN DIVISION  2,259        

(A)(4) OF THIS SECTION, IF THE FINANCIAL INSTITUTION SUBSEQUENTLY  2,260        

CAUSES THE SALE OF THE PROPERTY PRIOR TO ITS SEIZURE PURSUANT TO   2,261        

DIVISION (D) OR (E) OF THIS SECTION AND ITS DISPOSITION PURSUANT   2,262        

TO SECTION 2923.46 OF THE REVISED CODE, AND IF THE PERSON          2,263        

RESPONSIBLE FOR THE CONDUCT OF THE SALE HAS ACTUAL KNOWLEDGE OF    2,264        

THE COMMENCEMENT OF A PROSECUTION FOR A VIOLATION OF SECTION       2,265        

2923.42 OF THE REVISED CODE OR OF A DELINQUENT CHILD PROCEEDING    2,266        

FOR AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED   2,267        

CODE, ACTUAL KNOWLEDGE OF A PENDING FORFEITURE PROCEEDING UNDER    2,268        

DIVISION (B) OF THIS SECTION, OR ACTUAL KNOWLEDGE OF AN ORDER OF   2,269        

FORFEITURE ISSUED UNDER DIVISION (B)(5) OF THIS SECTION, THEN THE  2,270        

PERSON RESPONSIBLE FOR THE CONDUCT OF THE SALE SHALL DISPOSE OF    2,271        

THE PROCEEDS OF THE SALE IN THE FOLLOWING ORDER:                   2,272        

      (a)  FIRST, TO THE PAYMENT OF THE COSTS OF THE SALE AND TO   2,274        

THE PAYMENT OF THE COSTS INCURRED BY LAW ENFORCEMENT AGENCIES AND  2,275        

FINANCIAL INSTITUTIONS IN CONNECTION WITH THE SEIZURE OF, STORAGE  2,276        

OF, MAINTENANCE OF, AND PROVISION OF SECURITY FOR THE PROPERTY.    2,277        

                                                          56     

                                                                 
AS USED IN THIS DIVISION, "COSTS" OF A FINANCIAL INSTITUTION DO    2,278        

NOT INCLUDE ATTORNEY'S FEES INCURRED BY THAT INSTITUTION IN        2,279        

CONNECTION WITH THE PROPERTY.                                      2,280        

      (b)  SECOND, THE REMAINING PROCEEDS OF THE SALE AFTER        2,282        

COMPLIANCE WITH DIVISION (A)(4)(a) OF THIS SECTION, TO THE         2,284        

PAYMENT IN THE ORDER OF PRIORITY OF THE SECURITY INTERESTS AND     2,285        

LIENS OF VALID SECURITY INTERESTS AND LIENS PERTAINING TO THE      2,286        

PROPERTY THAT, AT THE TIME OF THE VESTING IN THE STATE UNDER       2,287        

DIVISION (A)(2) OF THIS SECTION OF THE RIGHT, TITLE, OR INTEREST   2,288        

OF THE ADULT OR JUVENILE, ARE HELD BY KNOWN SECURED PARTIES AND    2,289        

LIENHOLDERS;                                                       2,290        

      (c)  THIRD, THE REMAINING PROCEEDS OF THE SALE AFTER         2,292        

COMPLIANCE WITH DIVISION (A)(4)(b) OF THIS SECTION, TO THE COURT   2,294        

THAT HAS OR WOULD HAVE JURISDICTION IN A PROSECUTION FOR A         2,295        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR A DELINQUENT   2,296        

CHILD PROCEEDING FOR AN ACT THAT IS A VIOLATION OF SECTION         2,297        

2923.42 OF THE REVISED CODE FOR DISPOSITION IN ACCORDANCE WITH     2,298        

SECTION 2923.46 OF THE REVISED CODE.                                            

      (B)(1)  A CRIMINAL FORFEITURE OF ANY RIGHT, TITLE, OR        2,300        

INTEREST IN PROPERTY DESCRIBED IN DIVISION (A)(1) OF THIS SECTION  2,301        

IS PRECLUDED UNLESS ONE OF THE FOLLOWING APPLIES:                  2,302        

      (a)  THE INDICTMENT, COUNT IN THE INDICTMENT, OR             2,304        

INFORMATION CHARGING THE VIOLATION OF SECTION 2923.42 OF THE       2,305        

REVISED CODE SPECIFIES THE NATURE OF THE RIGHT, TITLE, OR          2,306        

INTEREST OF THE ALLEGED OFFENDER IN THE PROPERTY DESCRIBED IN      2,307        

DIVISION (A)(1) OF THIS SECTION THAT IS POTENTIALLY SUBJECT TO     2,308        

FORFEITURE UNDER THIS SECTION, OR A DESCRIPTION OF THE PROPERTY    2,309        

OF THE ALLEGED OFFENDER THAT IS POTENTIALLY SUBJECT TO FORFEITURE  2,310        

UNDER THIS SECTION, TO THE EXTENT THE RIGHT, TITLE, OR INTEREST    2,311        

IN THE PROPERTY OR THE PROPERTY REASONABLY IS KNOWN AT THE TIME    2,312        

OF THE FILING OF THE INDICTMENT OR INFORMATION; OR THE COMPLAINT   2,313        

CHARGING A JUVENILE WITH BEING A DELINQUENT CHILD FOR THE          2,314        

COMMISSION OF AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF     2,315        

THE REVISED CODE SPECIFIES THE NATURE OF THE RIGHT, TITLE, OR      2,316        

                                                          57     

                                                                 
INTEREST OF THE JUVENILE IN THE PROPERTY DESCRIBED IN DIVISION     2,317        

(A)(1) OF THIS SECTION THAT IS POTENTIALLY SUBJECT TO FORFEITURE   2,318        

UNDER THIS SECTION, OR A DESCRIPTION OF THE PROPERTY OF THE        2,319        

JUVENILE THAT IS POTENTIALLY SUBJECT TO FORFEITURE UNDER THIS      2,320        

SECTION, TO THE EXTENT THE RIGHT, TITLE, OR INTEREST IN THE        2,321        

PROPERTY OR THE PROPERTY REASONABLY IS KNOWN AT THE TIME OF THE    2,322        

FILING OF THE COMPLAINT.                                           2,323        

      (b)  THE PROPERTY IN QUESTION WAS NOT REASONABLY FORESEEN    2,325        

TO BE SUBJECT TO FORFEITURE UNDER THIS SECTION AT THE TIME OF THE  2,326        

FILING OF THE INDICTMENT, INFORMATION, OR COMPLAINT, THE           2,327        

PROSECUTING ATTORNEY GAVE PROMPT NOTICE TO THE ALLEGED OFFENDER    2,328        

OR JUVENILE OF THAT PROPERTY WHEN IT WAS DISCOVERED TO BE SUBJECT  2,329        

TO FORFEITURE UNDER THIS SECTION, AND A VERDICT OF FORFEITURE      2,330        

DESCRIBED IN DIVISION (B)(3) OF THIS SECTION REQUIRES THE          2,331        

FORFEITURE OF THAT PROPERTY.                                       2,332        

      (2)  THE SPECIFICATIONS DESCRIBED IN DIVISION (B)(1) OF      2,334        

THIS SECTION SHALL BE STATED AT THE END OF THE BODY OF THE         2,335        

INDICTMENT, COUNT IN THE INDICTMENT, INFORMATION, OR COMPLAINT.    2,336        

      (3)(a)  IF A PERSON IS CONVICTED OF OR PLEADS GUILTY TO A    2,338        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR A JUVENILE IS  2,339        

FOUND TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A VIOLATION OF   2,340        

SECTION 2923.42 OF THE REVISED CODE, THEN A SPECIAL PROCEEDING     2,341        

SHALL BE CONDUCTED IN ACCORDANCE WITH DIVISION (B)(3) OF THIS      2,342        

SECTION TO DETERMINE WHETHER ANY PROPERTY DESCRIBED IN DIVISION    2,344        

(B)(1)(a) OR (b) OF THIS SECTION WILL BE THE SUBJECT OF AN ORDER   2,346        

OF FORFEITURE UNDER THIS SECTION.  EXCEPT AS OTHERWISE PROVIDED    2,347        

IN DIVISION (B)(3)(b) OF THIS SECTION, THE JURY IN THE CRIMINAL    2,349        

ACTION, THE JUDGE IN THE DELINQUENT CHILD ACTION, OR, IF THE       2,351        

CRIMINAL ACTION WAS A NONJURY ACTION, THE JUDGE IN THAT ACTION     2,352        

SHALL HEAR AND CONSIDER TESTIMONY AND OTHER EVIDENCE IN THE        2,353        

PROCEEDING RELATIVE TO WHETHER ANY PROPERTY DESCRIBED IN DIVISION  2,354        

(B)(1)(a) OR (b) OF THIS SECTION IS SUBJECT TO FORFEITURE UNDER    2,356        

THIS SECTION.  IF THE JURY OR JUDGE DETERMINES THAT THE            2,357        

PROSECUTING ATTORNEY HAS ESTABLISHED BY A PREPONDERANCE OF THE     2,358        

                                                          58     

                                                                 
EVIDENCE THAT ANY PROPERTY SO DESCRIBED IS SUBJECT TO FORFEITURE   2,359        

UNDER THIS SECTION, THE JUDGE OR JUVENILE JUDGE SHALL RENDER A     2,360        

VERDICT OF FORFEITURE THAT SPECIFICALLY DESCRIBES THE RIGHT,       2,361        

TITLE, OR INTEREST IN PROPERTY OR THE PROPERTY THAT IS SUBJECT TO  2,362        

FORFEITURE UNDER THIS SECTION.  THE RULES OF EVIDENCE SHALL APPLY  2,364        

IN THE PROCEEDING.                                                 2,365        

      (b)  IF THE TRIER OF FACT IN A CRIMINAL ACTION FOR A         2,368        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE WAS A JURY,       2,369        

THEN, UPON THE FILING OF A MOTION BY THE PERSON WHO WAS CONVICTED  2,370        

OF OR PLEADED GUILTY TO THE VIOLATION OF SECTION 2923.42 OF THE    2,371        

REVISED CODE, THE DETERMINATIONS IN THE PROCEEDING DESCRIBED IN    2,373        

DIVISION (B)(3) OF THIS SECTION INSTEAD SHALL BE MADE BY THE       2,374        

JUDGE IN THE CRIMINAL ACTION.                                                   

      (4)  IN A CRIMINAL ACTION FOR A VIOLATION OF SECTION         2,377        

2923.42 OF THE REVISED CODE, IF THE TRIER OF FACT IS A JURY, THE   2,378        

JURY SHALL NOT BE INFORMED OF ANY SPECIFICATION DESCRIBED IN       2,379        

DIVISION (B)(1)(a) OF THIS SECTION OR OF ANY PROPERTY DESCRIBED    2,380        

IN THAT DIVISION OR DIVISION (B)(1)(b) OF THIS SECTION PRIOR TO    2,382        

THE ALLEGED OFFENDER BEING CONVICTED OF OR PLEADING GUILTY TO THE               

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE.                  2,384        

      (5)(a)  IF A VERDICT OF FORFEITURE IS ENTERED PURSUANT TO    2,386        

DIVISION (B)(3) OF THIS SECTION, THEN THE COURT THAT IMPOSES       2,387        

SENTENCE UPON A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO A   2,388        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, OR THE JUVENILE  2,389        

COURT THAT FINDS A JUVENILE TO BE A DELINQUENT CHILD FOR AN ACT    2,390        

THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, IN     2,391        

ADDITION TO ANY OTHER SENTENCE IMPOSED UPON THE OFFENDER OR ORDER  2,392        

OF DISPOSITION IMPOSED UPON THE DELINQUENT CHILD, SHALL ORDER      2,393        

THAT THE OFFENDER OR DELINQUENT CHILD FORFEIT TO THE STATE ALL OF  2,394        

THE OFFENDER'S OR DELINQUENT CHILD'S RIGHT, TITLE, AND INTEREST    2,395        

IN THE PROPERTY DESCRIBED IN DIVISION (A)(1) OF THIS SECTION.  IF  2,396        

A PERSON IS CONVICTED OF OR PLEADS GUILTY TO A VIOLATION OF        2,397        

SECTION 2923.42 OF THE REVISED CODE, OR A JUVENILE IS FOUND BY A   2,398        

JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A       2,399        

                                                          59     

                                                                 
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, AND DERIVES      2,400        

PROFITS OR OTHER PROCEEDS FROM THE OFFENSE OR ACT, THE COURT THAT  2,401        

IMPOSES SENTENCE OR AN ORDER OF DISPOSITION UPON THE OFFENDER OR   2,402        

DELINQUENT CHILD, IN LIEU OF ANY FINE THAT THE COURT IS OTHERWISE  2,404        

AUTHORIZED OR REQUIRED TO IMPOSE, MAY IMPOSE UPON THE OFFENDER OR  2,405        

DELINQUENT CHILD A FINE OF NOT MORE THAN TWICE THE GROSS PROFITS   2,406        

OR OTHER PROCEEDS SO DERIVED.                                      2,407        

      (b)  NOTWITHSTANDING ANY CONTRARY PROVISION OF THE REVISED   2,410        

CODE, THE CLERK OF THE COURT SHALL PAY ALL FINES IMPOSED PURSUANT  2,412        

TO DIVISION (B)(5) OF THIS SECTION TO THE COUNTY, MUNICIPAL        2,413        

CORPORATION, TOWNSHIP, PARK DISTRICT CREATED PURSUANT TO SECTION   2,414        

511.18 OR 1545.01 OF THE REVISED CODE, OR STATE LAW ENFORCEMENT    2,416        

AGENCIES IN THIS STATE THAT WERE PRIMARILY RESPONSIBLE FOR OR      2,417        

INVOLVED IN MAKING THE ARREST OF, AND IN PROSECUTING, THE          2,418        

OFFENDER.  HOWEVER, THE CLERK SHALL NOT PAY A FINE SO IMPOSED TO   2,419        

A LAW ENFORCEMENT AGENCY UNLESS THE AGENCY HAS ADOPTED A WRITTEN   2,420        

INTERNAL CONTROL POLICY PURSUANT TO DIVISION (C)(2) OF SECTION     2,421        

2923.42 OF THE REVISED CODE THAT ADDRESSES THE USE OF THE FINE     2,422        

MONEYS THAT IT RECEIVES UNDER DIVISION (B)(5) OF THIS SECTION AND  2,423        

DIVISION (C)(1) OF SECTION 2923.42 OF THE REVISED CODE.  THE LAW   2,426        

ENFORCEMENT AGENCIES SHALL USE THE FINES IMPOSED AND PAID          2,428        

PURSUANT TO DIVISION (B)(5) OF THIS SECTION TO SUBSIDIZE THEIR                  

EFFORTS PERTAINING TO CRIMINAL GANGS, IN ACCORDANCE WITH THE       2,429        

WRITTEN INTERNAL CONTROL POLICY ADOPTED BY THE RECIPIENT AGENCY    2,430        

PURSUANT TO DIVISION (C)(2) OF SECTION 2923.42 OF THE REVISED      2,431        

CODE.                                                                           

      (6)  IF ANY OF THE PROPERTY THAT IS DESCRIBED IN DIVISION    2,434        

(A)(1) OF THIS SECTION AND THAT IS THE SUBJECT OF AN ORDER OF                   

FORFEITURE ISSUED UNDER DIVISION (B)(5) OF THIS SECTION, BECAUSE   2,435        

OF AN ACT OF THE PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO    2,437        

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   2,438        

BY A JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A  2,440        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE AND THAT IS THE   2,441        

                                                          60     

                                                                 
BASIS OF THE FORFEITURE, CANNOT BE LOCATED UPON THE EXERCISE OF    2,442        

DUE DILIGENCE, HAS BEEN TRANSFERRED TO, SOLD TO, OR DEPOSITED      2,443        

WITH A THIRD PARTY, HAS BEEN PLACED BEYOND THE JURISDICTION OF     2,444        

THE COURT, HAS BEEN SUBSTANTIALLY DIMINISHED IN VALUE, OR HAS      2,445        

BEEN COMMINGLED WITH OTHER PROPERTY THAT CANNOT BE DIVIDED         2,446        

WITHOUT DIFFICULTY, THE COURT THAT ISSUES THE ORDER OF FORFEITURE  2,447        

SHALL ORDER THE FORFEITURE OF ANY OTHER PROPERTY OF THE OFFENDER   2,448        

OR THE DELINQUENT CHILD UP TO THE VALUE OF ANY FORFEITED PROPERTY               

DESCRIBED IN DIVISION (B)(6) OF THIS SECTION.                      2,450        

      (C)  THERE SHALL BE A REBUTTABLE PRESUMPTION THAT ANY        2,452        

RIGHT, TITLE, OR INTEREST OF A PERSON IN PROPERTY DESCRIBED IN     2,453        

DIVISION (A)(1) OF THIS SECTION IS SUBJECT TO FORFEITURE UNDER     2,454        

DIVISION (B) OF THIS SECTION, IF THE STATE PROVES BOTH OF THE      2,455        

FOLLOWING BY A PREPONDERANCE OF THE EVIDENCE:                      2,456        

      (1)  THE RIGHT, TITLE, OR INTEREST IN THE PROPERTY WAS       2,458        

ACQUIRED BY THE OFFENDER OR DELINQUENT CHILD DURING THE PERIOD OF  2,459        

THE COMMISSION OF THE VIOLATION OF SECTION 2923.42 OF THE REVISED  2,460        

CODE, OR WITHIN A REASONABLE TIME AFTER THAT PERIOD.               2,461        

      (2)  THERE IS NO LIKELY SOURCE FOR THE RIGHT, TITLE, OR      2,463        

INTEREST IN THE PROPERTY OTHER THAN PROCEEDS OBTAINED FROM THE     2,464        

COMMISSION OF THE VIOLATION OF SECTION 2923.42 OF THE REVISED      2,465        

CODE.                                                                           

      (D)(1)  UPON THE APPLICATION OF THE PROSECUTING ATTORNEY     2,467        

WHO IS PROSECUTING OR HAS JURISDICTION TO PROSECUTE THE VIOLATION  2,469        

OF SECTION 2923.42 OF THE REVISED CODE, THE COURT OF COMMON PLEAS               

OR JUVENILE COURT OF THE COUNTY IN WHICH PROPERTY SUBJECT TO       2,470        

FORFEITURE UNDER DIVISION (B) OF THIS SECTION IS LOCATED,          2,471        

WHICHEVER IS APPLICABLE, MAY ISSUE A RESTRAINING ORDER OR          2,472        

INJUNCTION, AN ORDER REQUIRING THE EXECUTION OF A SATISFACTORY     2,473        

PERFORMANCE BOND, OR AN ORDER TAKING ANY OTHER REASONABLE ACTION   2,474        

NECESSARY TO PRESERVE THE AVAILABILITY OF THE PROPERTY, AT EITHER  2,475        

OF THE FOLLOWING TIMES:                                                         

      (a)  UPON THE FILING OF AN INDICTMENT, COMPLAINT, OR         2,477        

INFORMATION CHARGING A PERSON WHO HAS ANY RIGHT, TITLE, OR         2,478        

                                                          61     

                                                                 
INTEREST IN THE PROPERTY WITH THE COMMISSION OF A VIOLATION OF     2,479        

SECTION 2923.42 OF THE REVISED CODE AND ALLEGING THAT THE          2,480        

PROPERTY WITH RESPECT TO WHICH THE ORDER IS SOUGHT WILL BE         2,481        

SUBJECT TO FORFEITURE UNDER DIVISION (B) OF THIS SECTION IF THE    2,482        

PERSON IS CONVICTED OF OR PLEADS GUILTY TO THE OFFENSE, OR UPON    2,483        

THE FILING OF A COMPLAINT ALLEGING THAT A JUVENILE WHO HAS ANY     2,484        

RIGHT, TITLE, OR INTEREST IN THE PROPERTY IS A DELINQUENT CHILD    2,485        

BECAUSE OF THE COMMISSION OF AN ACT THAT IS A VIOLATION OF         2,486        

SECTION 2923.42 OF THE REVISED CODE AND ALLEGING THAT THE                       

PROPERTY WITH RESPECT TO WHICH THE ORDER IS SOUGHT WILL BE         2,488        

SUBJECT TO FORFEITURE UNDER DIVISION (B) OF THIS SECTION IF THE    2,489        

JUVENILE IS FOUND TO BE A DELINQUENT CHILD BECAUSE OF THE          2,490        

COMMISSION OF THAT ACT;                                                         

      (b)  EXCEPT AS PROVIDED IN DIVISION (D)(3) OF THIS SECTION,  2,493        

PRIOR TO THE FILING OF AN INDICTMENT, COMPLAINT, OR INFORMATION                 

CHARGING A PERSON WHO HAS ANY RIGHT, TITLE, OR INTEREST IN THE     2,494        

PROPERTY WITH THE COMMISSION OF A VIOLATION OF SECTION 2923.42 OF  2,495        

THE REVISED CODE, OR PRIOR TO THE FILING OF A COMPLAINT ALLEGING   2,496        

THAT A JUVENILE WHO HAS ANY RIGHT, TITLE, OR INTEREST IN THE       2,497        

PROPERTY IS A DELINQUENT CHILD BECAUSE OF THE COMMISSION OF AN     2,498        

ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE,    2,499        

IF, AFTER NOTICE IS GIVEN TO ALL PERSONS KNOWN TO HAVE ANY RIGHT,  2,500        

TITLE, OR INTEREST IN THE PROPERTY AND AN OPPORTUNITY TO HAVE A    2,501        

HEARING ON THE ORDER IS GIVEN TO THOSE PERSONS, THE COURT          2,502        

DETERMINES BOTH OF THE FOLLOWING:                                  2,503        

      (i)  THERE IS A SUBSTANTIAL PROBABILITY THAT THE STATE WILL  2,505        

PREVAIL ON THE ISSUE OF FORFEITURE AND THAT FAILURE TO ENTER THE   2,506        

ORDER WILL RESULT IN THE PROPERTY SUBJECT TO FORFEITURE BEING      2,507        

DESTROYED, REMOVED FROM THE JURISDICTION OF THE COURT, OR          2,508        

OTHERWISE BEING MADE UNAVAILABLE FOR FORFEITURE.                   2,509        

      (ii)  THE NEED TO PRESERVE THE AVAILABILITY OF THE PROPERTY  2,511        

SUBJECT TO FORFEITURE THROUGH THE ENTRY OF THE REQUESTED ORDER     2,512        

OUTWEIGHS THE HARDSHIP ON ANY PARTY AGAINST WHOM THE ORDER IS TO   2,513        

BE ENTERED.                                                        2,514        

                                                          62     

                                                                 
      (2)  EXCEPT AS PROVIDED IN DIVISION (D)(3) OF THIS SECTION,  2,516        

AN ORDER ISSUED UNDER DIVISION (D)(1) OF THIS SECTION IS           2,517        

EFFECTIVE FOR NOT MORE THAN NINETY DAYS, UNLESS EXTENDED BY THE    2,518        

COURT FOR GOOD CAUSE SHOWN OR UNLESS AN INDICTMENT, COMPLAINT, OR  2,519        

INFORMATION CHARGING THE COMMISSION OF A VIOLATION OF SECTION      2,520        

2923.42 OF THE REVISED CODE OR A COMPLAINT ALLEGING THAT A         2,521        

JUVENILE IS A DELINQUENT CHILD BECAUSE OF THE COMMISSION OF AN     2,522        

ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE,    2,523        

IS FILED AGAINST ANY ALLEGED ADULT OFFENDER OR ALLEGED DELINQUENT  2,524        

CHILD WITH ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY THAT IS   2,525        

THE SUBJECT OF THE ORDER.                                          2,526        

      (3)  A COURT MAY ISSUE AN ORDER UNDER DIVISION (D)(1)(b) OF  2,529        

THIS SECTION WITHOUT GIVING NOTICE OR AN OPPORTUNITY FOR A         2,530        

HEARING TO PERSONS KNOWN TO HAVE ANY RIGHT, TITLE, OR INTEREST IN  2,531        

PROPERTY IF THE PROSECUTING ATTORNEY WHO IS PROSECUTING OR HAS     2,532        

JURISDICTION TO PROSECUTE THE VIOLATION OF SECTION 2923.42 OF THE  2,533        

REVISED CODE DEMONSTRATES THAT THERE IS PROBABLE CAUSE TO BELIEVE  2,534        

THAT THE PROPERTY WILL BE SUBJECT TO FORFEITURE UNDER DIVISION     2,535        

(B) OF THIS SECTION IF A PERSON WITH ANY RIGHT, TITLE, OR          2,536        

INTEREST IN THE PROPERTY IS CONVICTED OF OR PLEADS GUILTY TO A     2,537        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR A JUVENILE     2,538        

WITH ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY IS FOUND BY A   2,539        

JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A       2,540        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE AND THAT GIVING                

NOTICE OR AN OPPORTUNITY FOR A HEARING TO PERSONS WITH ANY RIGHT,  2,542        

TITLE, OR INTEREST IN THE PROPERTY WILL JEOPARDIZE ITS             2,543        

AVAILABILITY FOR FORFEITURE.  THE ORDER SHALL BE A TEMPORARY       2,544        

ORDER AND SHALL EXPIRE NOT MORE THAN TEN DAYS AFTER THE DATE ON    2,545        

WHICH IT IS ENTERED, UNLESS IT IS EXTENDED FOR GOOD CAUSE SHOWN    2,546        

OR UNLESS A PERSON WITH ANY RIGHT, TITLE, OR INTEREST IN THE       2,547        

PROPERTY THAT IS THE SUBJECT OF THE ORDER CONSENTS TO AN           2,548        

EXTENSION FOR A LONGER PERIOD.  A HEARING CONCERNING AN ORDER      2,549        

ISSUED UNDER DIVISION (D)(3) OF THIS SECTION MAY BE REQUESTED,     2,550        

AND, IF IT IS REQUESTED, THE COURT SHALL HOLD THE HEARING AT THE   2,551        

                                                          63     

                                                                 
EARLIEST POSSIBLE TIME PRIOR TO THE EXPIRATION OF THE ORDER.       2,552        

      (4)  AT ANY HEARING HELD UNDER DIVISION (D) OF THIS          2,554        

SECTION, THE COURT MAY RECEIVE AND CONSIDER EVIDENCE AND           2,555        

INFORMATION THAT IS INADMISSIBLE UNDER THE RULES OF EVIDENCE.      2,557        

EACH HEARING HELD UNDER DIVISION (D) OF THIS SECTION SHALL BE      2,559        

RECORDED BY SHORTHAND, BY STENOTYPE, OR BY ANY OTHER MECHANICAL,   2,560        

ELECTRONIC, OR VIDEO RECORDING DEVICE.  IF, AS A RESULT OF A       2,561        

HEARING UNDER DIVISION (D) OF THIS SECTION, PROPERTY WOULD BE      2,562        

SEIZED, THE RECORDING OF AND ANY TRANSCRIPT OF THE RECORDING OF    2,563        

THAT HEARING SHALL NOT BE A PUBLIC RECORD FOR PURPOSES OF SECTION  2,564        

149.43 OF THE REVISED CODE UNTIL THAT PROPERTY HAS BEEN SEIZED     2,565        

PURSUANT TO DIVISION (D) OF THIS SECTION.  DIVISION (D)(4) OF      2,566        

THIS SECTION DOES NOT REQUIRE, AUTHORIZE, OR PERMIT THE MAKING     2,568        

AVAILABLE FOR INSPECTION, OR THE COPYING, UNDER SECTION 149.43 OF  2,569        

THE REVISED CODE OF ANY CONFIDENTIAL LAW ENFORCEMENT               2,570        

INVESTIGATORY RECORD OR TRIAL PREPARATION RECORD, AS DEFINED IN    2,571        

THAT SECTION.                                                                   

      (5)  A PROSECUTING ATTORNEY OR OTHER LAW ENFORCEMENT         2,573        

OFFICER MAY REQUEST THE COURT OF COMMON PLEAS OF THE COUNTY IN     2,574        

WHICH PROPERTY SUBJECT TO FORFEITURE UNDER THIS SECTION IS         2,575        

LOCATED TO ISSUE A WARRANT AUTHORIZING THE SEIZURE OF THAT         2,576        

PROPERTY.  THE REQUEST SHALL BE MADE IN THE SAME MANNER AS         2,577        

PROVIDED FOR A SEARCH WARRANT.  IF THE COURT DETERMINES THAT       2,578        

THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY TO BE SEIZED  2,579        

WILL BE SUBJECT TO FORFEITURE UNDER THIS SECTION WHEN A PERSON     2,580        

WITH ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY IS CONVICTED    2,581        

OF OR PLEADS GUILTY TO A VIOLATION OF SECTION 2923.42 OF THE       2,582        

REVISED CODE OR WHEN A JUVENILE WITH ANY RIGHT, TITLE, OR          2,583        

INTEREST IN THE PROPERTY IS FOUND BY A JUVENILE COURT TO BE A      2,584        

DELINQUENT CHILD FOR AN ACT THAT IS A VIOLATION OF SECTION         2,585        

2923.42 OF THE REVISED CODE AND IF THE COURT DETERMINES THAT ANY   2,586        

ORDER ISSUED UNDER DIVISION (D)(1), (2), OR (3) OF THIS SECTION    2,587        

MAY NOT BE SUFFICIENT TO ENSURE THE AVAILABILITY OF THE PROPERTY   2,588        

FOR FORFEITURE, THE COURT SHALL ISSUE A WARRANT AUTHORIZING THE    2,589        

                                                          64     

                                                                 
SEIZURE OF THE PROPERTY.                                           2,590        

      (E)(1)  UPON THE ENTRY OF AN ORDER OF FORFEITURE UNDER THIS  2,592        

SECTION, THE COURT SHALL ORDER AN APPROPRIATE LAW ENFORCEMENT      2,593        

OFFICER TO SEIZE ALL OF THE FORFEITED PROPERTY UPON THE TERMS AND  2,594        

CONDITIONS THAT THE COURT DETERMINES ARE PROPER.  IN ADDITION,     2,595        

UPON THE REQUEST OF THE PROSECUTING ATTORNEY WHO PROSECUTED THE    2,596        

OFFENSE OR ACT IN VIOLATION OF SECTION 2923.42 OF THE REVISED      2,597        

CODE, THE COURT SHALL ENTER ANY APPROPRIATE RESTRAINING ORDERS OR  2,598        

INJUNCTIONS, REQUIRE THE EXECUTION OF SATISFACTORY PERFORMANCE     2,599        

BONDS, APPOINT RECEIVERS, CONSERVATORS, APPRAISERS, ACCOUNTANTS,   2,600        

OR TRUSTEES, OR TAKE ANY OTHER ACTION TO PROTECT THE INTEREST OF   2,601        

THE STATE IN THE FORFEITED PROPERTY.  ANY INCOME ACCRUING TO OR    2,602        

DERIVED FROM PROPERTY ORDERED FORFEITED UNDER THIS SECTION MAY BE  2,603        

USED TO OFFSET ORDINARY AND NECESSARY EXPENSES RELATED TO THE      2,604        

PROPERTY THAT ARE REQUIRED BY LAW OR THAT ARE NECESSARY TO         2,605        

PROTECT THE INTEREST OF THE STATE OR THIRD PARTIES.                2,606        

      AFTER FORFEITED PROPERTY IS SEIZED, THE PROSECUTING          2,608        

ATTORNEY WHO PROSECUTED THE OFFENSE OR ACT IN VIOLATION OF         2,609        

SECTION 2923.42 OF THE REVISED CODE SHALL DIRECT ITS DISPOSITION   2,610        

IN ACCORDANCE WITH SECTION 2923.46 OF THE REVISED CODE, MAKING     2,611        

DUE PROVISION FOR THE RIGHTS OF ANY INNOCENT PERSONS.  ANY RIGHT,  2,612        

TITLE, OR INTEREST IN PROPERTY NOT EXERCISABLE BY, OR              2,613        

TRANSFERABLE FOR VALUE TO, THE STATE SHALL EXPIRE AND SHALL NOT    2,614        

REVERT TO THE OFFENDER WHOSE CONVICTION OR PLEA OF GUILTY OR ACT   2,615        

AS A DELINQUENT CHILD IS THE BASIS OF THE ORDER OF FORFEITURE.     2,616        

NEITHER THE ADULT OFFENDER OR DELINQUENT CHILD NOR ANY PERSON      2,617        

ACTING IN CONCERT WITH OR ON BEHALF OF THE ADULT OFFENDER OR       2,618        

DELINQUENT CHILD IS ELIGIBLE TO PURCHASE FORFEITED PROPERTY AT     2,619        

ANY SALE HELD PURSUANT TO SECTION 2923.46 OF THE REVISED CODE.     2,620        

      UPON THE APPLICATION OF ANY PERSON OTHER THAN THE ADULT      2,622        

OFFENDER OR DELINQUENT CHILD WHOSE RIGHT, TITLE, OR INTEREST IN    2,623        

THE PROPERTY IS THE SUBJECT OF THE ORDER OF FORFEITURE OR ANY      2,624        

PERSON ACTING IN CONCERT WITH OR ON BEHALF OF THE ADULT OFFENDER   2,625        

OR DELINQUENT CHILD, THE COURT MAY RESTRAIN OR STAY THE SALE OR    2,627        

                                                          65     

                                                                 
OTHER DISPOSITION OF THE PROPERTY PURSUANT TO SECTION 2923.46 OF   2,628        

THE REVISED CODE PENDING THE CONCLUSION OF ANY APPEAL OF THE       2,629        

CONVICTION OR OF THE DELINQUENT CHILD ADJUDICATION THAT IS THE     2,630        

BASIS OF THE ORDER OF FORFEITURE, IF THE APPLICANT DEMONSTRATES    2,631        

THAT PROCEEDING WITH THE SALE OR OTHER DISPOSITION OF THE          2,632        

PROPERTY WILL RESULT IN IRREPARABLE INJURY OR LOSS TO THE          2,633        

APPLICANT.                                                                      

      (2)  WITH RESPECT TO PROPERTY THAT IS THE SUBJECT OF AN      2,635        

ORDER OF FORFEITURE ISSUED UNDER THIS SECTION, THE COURT THAT      2,636        

ISSUED THE ORDER, UPON THE PETITION OF THE PROSECUTING ATTORNEY    2,637        

WHO PROSECUTED THE OFFENSE OR ACT IN VIOLATION OF SECTION 2923.42  2,638        

OF THE REVISED CODE, MAY DO ANY OF THE FOLLOWING:                  2,640        

      (a)  GRANT PETITIONS FOR MITIGATION OR REMISSION OF          2,642        

FORFEITURE, RESTORE FORFEITED PROPERTY TO VICTIMS OF A VIOLATION   2,643        

OF SECTION 2923.42 OF THE REVISED CODE, OR TAKE ANY OTHER ACTION   2,644        

TO PROTECT THE RIGHTS OF INNOCENT PERSONS THAT IS IN THE INTEREST  2,645        

OF JUSTICE AND THAT IS NOT INCONSISTENT WITH THIS SECTION;         2,646        

      (b)  COMPROMISE CLAIMS THAT ARISE UNDER THIS SECTION;        2,648        

      (c)  AWARD COMPENSATION TO PERSONS WHO PROVIDE INFORMATION   2,650        

RESULTING IN A FORFEITURE UNDER THIS SECTION;                      2,651        

      (d)  DIRECT THE DISPOSITION BY THE PROSECUTING ATTORNEY WHO  2,653        

PROSECUTED THE OFFENSE OR ACT IN VIOLATION OF SECTION 2923.42 OF   2,654        

THE REVISED CODE, IN ACCORDANCE WITH SECTION 2923.46 OF THE        2,655        

REVISED CODE, OF ALL PROPERTY ORDERED FORFEITED UNDER THIS         2,656        

SECTION, MAKING DUE PROVISION FOR THE RIGHTS OF INNOCENT PERSONS;  2,658        

      (e)  PENDING THE DISPOSITION OF ANY PROPERTY THAT IS THE     2,660        

SUBJECT OF AN ORDER OF FORFEITURE UNDER THIS SECTION, TAKE ANY     2,661        

APPROPRIATE MEASURES THAT ARE NECESSARY TO SAFEGUARD AND MAINTAIN  2,662        

THE PROPERTY.                                                      2,663        

      (3)  TO FACILITATE THE IDENTIFICATION AND LOCATION OF        2,665        

PROPERTY THAT IS THE SUBJECT OF AN ORDER OF FORFEITURE UNDER THIS  2,666        

SECTION AND TO FACILITATE THE DISPOSITION OF PETITIONS FOR         2,667        

REMISSION OR MITIGATION ISSUED UNDER DIVISION (E)(2) OF THIS       2,668        

SECTION, AFTER THE ISSUANCE OF AN ORDER OF FORFEITURE UNDER THIS   2,669        

                                                          66     

                                                                 
SECTION AND UPON APPLICATION BY THE PROSECUTING ATTORNEY WHO       2,670        

PROSECUTED THE OFFENSE OR ACT IN VIOLATION OF SECTION 2923.42 OF   2,671        

THE REVISED CODE, THE COURT MAY ORDER THAT THE TESTIMONY OF ANY    2,673        

WITNESS RELATING TO THE FORFEITED PROPERTY BE TAKEN BY             2,674        

DEPOSITION, AND THAT ANY DESIGNATED BOOK, PAPER, DOCUMENT,         2,675        

RECORD, RECORDING, OR OTHER MATERIAL THAT IS NOT PRIVILEGED BE     2,676        

PRODUCED AT THE SAME TIME AND PLACE AS THE TESTIMONY, IN THE SAME  2,677        

MANNER AS PROVIDED FOR THE TAKING OF DEPOSITIONS UNDER THE RULES   2,678        

OF CIVIL PROCEDURE.                                                             

      (F)(1)  EXCEPT AS PROVIDED IN DIVISIONS (F)(2) TO (5) OF     2,680        

THIS SECTION, NO PERSON CLAIMING ANY RIGHT, TITLE, OR INTEREST IN  2,681        

PROPERTY SUBJECT TO FORFEITURE UNDER THIS SECTION OR SECTION       2,682        

2923.45 OF THE REVISED CODE MAY INTERVENE IN A CRIMINAL TRIAL OR   2,684        

APPEAL, OR A DELINQUENT CHILD PROCEEDING OR APPEAL, INVOLVING THE  2,685        

FORFEITURE OF THE PROPERTY UNDER THIS SECTION OR IN A CIVIL        2,686        

ACTION FOR A CIVIL FORFEITURE UNDER SECTION 2923.45 OF THE         2,688        

REVISED CODE OR MAY COMMENCE AN ACTION AT LAW OR EQUITY AGAINST    2,689        

THE STATE CONCERNING THE VALIDITY OF THE PERSON'S ALLEGED RIGHT,                

TITLE, OR INTEREST IN THE PROPERTY SUBSEQUENT TO THE FILING OF AN  2,690        

INDICTMENT, COMPLAINT, OR INFORMATION ALLEGING THAT THE PROPERTY   2,691        

IS SUBJECT TO FORFEITURE UNDER THIS SECTION OR SUBSEQUENT TO THE   2,692        

FILING OF A COMPLAINT ALLEGING THAT A JUVENILE WHO HAS ANY RIGHT,  2,693        

TITLE, OR INTEREST IN THE PROPERTY IS A DELINQUENT CHILD BECAUSE   2,694        

OF THE COMMISSION OF AN ACT THAT IS A VIOLATION OF SECTION         2,695        

2923.42 OF THE REVISED CODE AND ALLEGING THAT THE PROPERTY IS      2,696        

SUBJECT TO FORFEITURE UNDER THIS SECTION.                          2,697        

      (2)  AFTER THE ENTRY OF AN ORDER OF FORFEITURE UNDER THIS    2,699        

SECTION, THE PROSECUTING ATTORNEY WHO PROSECUTED THE OFFENSE OR    2,700        

ACT IN VIOLATION OF SECTION 2923.42 OF THE REVISED CODE SHALL      2,701        

CONDUCT OR CAUSE TO BE CONDUCTED A SEARCH OF THE APPROPRIATE       2,703        

PUBLIC RECORDS THAT RELATE TO THE PROPERTY AND SHALL MAKE OR       2,704        

CAUSE TO BE MADE REASONABLY DILIGENT INQUIRIES FOR THE PURPOSE OF  2,705        

IDENTIFYING PERSONS WHO HAVE ANY RIGHT, TITLE, OR INTEREST IN THE  2,706        

PROPERTY.  THE PROSECUTING ATTORNEY THEN SHALL CAUSE A NOTICE OF   2,707        

                                                          67     

                                                                 
THE ORDER OF FORFEITURE, OF THE PROSECUTING ATTORNEY'S INTENT TO   2,708        

DISPOSE OF THE PROPERTY IN ACCORDANCE WITH SECTION 2923.46 OF THE  2,709        

REVISED CODE, AND OF THE MANNER OF THE PROPOSED DISPOSAL TO BE     2,711        

GIVEN BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY PERSONAL  2,712        

SERVICE TO EACH PERSON WHO IS KNOWN, BECAUSE OF THE CONDUCT OF     2,713        

THE SEARCH, THE MAKING OF THE INQUIRIES, OR OTHERWISE, TO HAVE     2,714        

ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY.  ADDITIONALLY, THE  2,715        

PROSECUTING ATTORNEY SHALL CAUSE A SIMILAR NOTICE TO BE PUBLISHED  2,716        

ONCE A WEEK FOR TWO CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL    2,717        

CIRCULATION IN THE COUNTY IN WHICH THE PROPERTY WAS SEIZED.        2,718        

      (3)(a)  ANY PERSON, OTHER THAN THE ADULT OFFENDER WHOSE      2,720        

CONVICTION OR GUILTY PLEA OR THE DELINQUENT CHILD WHOSE            2,721        

ADJUDICATION IS THE BASIS OF THE ORDER OF FORFEITURE, WHO ASSERTS  2,722        

A LEGAL RIGHT, TITLE, OR INTEREST IN THE PROPERTY THAT IS THE      2,723        

SUBJECT OF THE ORDER MAY PETITION THE COURT THAT ISSUED THE        2,724        

ORDER, WITHIN THIRTY DAYS AFTER THE EARLIER OF THE FINAL           2,725        

PUBLICATION OF NOTICE OR THE PERSON'S RECEIPT OF NOTICE UNDER      2,726        

DIVISION (F)(2) OF THIS SECTION, FOR A HEARING TO ADJUDICATE THE   2,727        

VALIDITY OF THE PERSON'S ALLEGED RIGHT, TITLE, OR INTEREST IN THE  2,729        

PROPERTY.  THE PETITION SHALL BE SIGNED BY THE PETITIONER UNDER    2,730        

THE PENALTIES FOR FALSIFICATION AS SPECIFIED IN SECTION 2921.13    2,731        

OF THE REVISED CODE AND SHALL SET FORTH THE NATURE AND EXTENT OF   2,732        

THE PETITIONER'S RIGHT, TITLE, OR INTEREST IN THE PROPERTY, THE    2,733        

TIME AND CIRCUMSTANCES OF THE PETITIONER'S ACQUISITION OF THAT     2,734        

RIGHT, TITLE, OR INTEREST, ANY ADDITIONAL FACTS SUPPORTING THE     2,735        

PETITIONER'S CLAIM, AND THE RELIEF SOUGHT.                         2,736        

      (b)  IN LIEU OF FILING A PETITION AS DESCRIBED IN DIVISION   2,738        

(F)(3)(a) OF THIS SECTION, A SECURED PARTY OR OTHER LIENHOLDER OF  2,740        

RECORD THAT ASSERTS A LEGAL RIGHT, TITLE, OR INTEREST IN THE       2,741        

PROPERTY THAT IS THE SUBJECT OF THE ORDER, INCLUDING, BUT NOT      2,742        

LIMITED TO, A MORTGAGE, SECURITY INTEREST, OR OTHER TYPE OF LIEN,  2,743        

MAY FILE AN AFFIDAVIT AS DESCRIBED IN DIVISION (F)(3)(b) OF THIS   2,745        

SECTION TO ESTABLISH THE VALIDITY OF THE ALLEGED RIGHT, TITLE, OR  2,746        

INTEREST IN THE PROPERTY.  THE SECURED PARTY OR LIENHOLDER SHALL   2,747        

                                                          68     

                                                                 
FILE THE AFFIDAVIT WITHIN THIRTY DAYS AFTER THE EARLIER OF THE     2,749        

FINAL PUBLICATION OF NOTICE OR THE RECEIPT OF NOTICE UNDER         2,750        

DIVISION (F)(2) OF THIS SECTION AND, EXCEPT AS OTHERWISE PROVIDED  2,751        

IN THIS SECTION, THE AFFIDAVIT SHALL CONSTITUTE PRIMA-FACIE                     

EVIDENCE OF THE VALIDITY OF THE SECURED PARTY'S OR OTHER           2,752        

LIENHOLDER'S ALLEGED RIGHT, TITLE, OR INTEREST IN THE PROPERTY.    2,753        

UNLESS THE PROSECUTING ATTORNEY FILES A MOTION CHALLENGING THE     2,754        

AFFIDAVIT WITHIN TEN DAYS AFTER ITS FILING AND UNLESS THE          2,755        

PROSECUTING ATTORNEY ESTABLISHES BY A PREPONDERANCE OF THE         2,756        

EVIDENCE AT A SUBSEQUENT HEARING BEFORE THE COURT THAT ISSUED THE  2,758        

FORFEITURE ORDER, THAT THE SECURED PARTY OR OTHER LIENHOLDER DOES  2,759        

NOT POSSESS THE ALLEGED RIGHT, TITLE, OR INTEREST IN THE PROPERTY  2,760        

OR THAT THE SECURED PARTY OR OTHER LIENHOLDER HAD ACTUAL                        

KNOWLEDGE OF FACTS PERTAINING TO THE VIOLATION THAT WAS THE BASIS  2,761        

OF THE FORFEITURE ORDER, THE AFFIDAVIT SHALL CONSTITUTE            2,763        

CONCLUSIVE EVIDENCE OF THE VALIDITY OF THE SECURED PARTY'S OR      2,764        

OTHER LIENHOLDER'S RIGHT, TITLE, OR INTEREST IN THE PROPERTY AND   2,765        

SHALL HAVE THE LEGAL EFFECT DESCRIBED IN DIVISION (G)(2) OF THIS   2,766        

SECTION.  TO THE EXTENT PRACTICABLE AND CONSISTENT WITH THE        2,767        

INTERESTS OF JUSTICE, THE COURT SHALL HOLD ANY HEARING HELD        2,768        

PURSUANT TO DIVISION (F)(3)(b) OF THIS SECTION WITHIN THIRTY DAYS  2,769        

AFTER THE PROSECUTING ATTORNEY FILES THE MOTION.  AT ANY SUCH      2,770        

HEARING, THE PROSECUTING ATTORNEY AND THE SECURED PARTY OR OTHER   2,771        

LIENHOLDER MAY PRESENT EVIDENCE AND WITNESSES AND MAY              2,772        

CROSS-EXAMINE WITNESSES.                                                        

      IN ORDER TO BE VALID FOR THE PURPOSES OF THIS DIVISION AND   2,774        

DIVISION (G)(2) OF THIS SECTION, THE AFFIDAVIT OF A SECURED PARTY  2,775        

OR OTHER LIENHOLDER SHALL CONTAIN AVERMENTS THAT THE SECURED       2,776        

PARTY OR OTHER LIENHOLDER ACQUIRED ITS ALLEGED RIGHT, TITLE, OR    2,777        

INTEREST IN THE PROPERTY IN THE REGULAR COURSE OF ITS BUSINESS,    2,778        

FOR A SPECIFIED VALUABLE CONSIDERATION, WITHOUT ACTUAL KNOWLEDGE   2,779        

OF ANY FACTS PERTAINING TO THE VIOLATION THAT WAS THE BASIS OF     2,780        

THE FORFEITURE ORDER, IN GOOD FAITH AND WITHOUT THE INTENT TO      2,782        

PREVENT OR OTHERWISE IMPEDE THE STATE FROM SEIZING OR OBTAINING A  2,783        

                                                          69     

                                                                 
FORFEITURE OF THE PROPERTY UNDER SECTIONS 2923.44 TO 2923.47 OF    2,784        

THE REVISED CODE, AND PRIOR TO THE SEIZURE OR FORFEITURE OF THE    2,785        

PROPERTY UNDER THOSE SECTIONS.                                                  

      (4)  UPON RECEIPT OF A PETITION FILED UNDER DIVISION (F)(3)  2,787        

OF THIS SECTION, THE COURT SHALL HOLD A HEARING TO DETERMINE THE   2,788        

VALIDITY OF THE PETITIONER'S RIGHT, TITLE, OR INTEREST IN THE      2,789        

PROPERTY THAT IS THE SUBJECT OF THE ORDER OF FORFEITURE.  TO THE   2,790        

EXTENT PRACTICABLE AND CONSISTENT WITH THE INTERESTS OF JUSTICE,   2,791        

THE COURT SHALL HOLD THE HEARING WITHIN THIRTY DAYS AFTER THE      2,792        

FILING OF THE PETITION.  THE COURT MAY CONSOLIDATE THE HEARING ON  2,793        

THE PETITION WITH A HEARING ON ANY OTHER PETITION FILED BY A       2,794        

PERSON OTHER THAN THE OFFENDER WHOSE CONVICTION OR GUILTY PLEA OR  2,795        

ADJUDICATION AS A DELINQUENT CHILD IS THE BASIS OF THE ORDER OF    2,796        

FORFEITURE.  AT THE HEARING, THE PETITIONER MAY TESTIFY, PRESENT   2,797        

EVIDENCE AND WITNESSES ON THE PETITIONER'S BEHALF, AND             2,798        

CROSS-EXAMINE WITNESSES FOR THE STATE.  THE STATE MAY PRESENT      2,799        

EVIDENCE AND WITNESSES IN REBUTTAL AND IN DEFENSE OF ITS CLAIM TO  2,800        

THE PROPERTY AND CROSS-EXAMINE WITNESSES FOR THE PETITIONER.  IN   2,801        

ADDITION TO EVIDENCE AND TESTIMONY PRESENTED AT THE HEARING, THE   2,802        

COURT SHALL CONSIDER THE RELEVANT PORTIONS OF THE RECORD IN THE    2,803        

CASE THAT RESULTED IN THE ORDER OF FORFEITURE.                     2,805        

      (5)(a)  THE COURT SHALL AMEND ITS ORDER OF FORFEITURE IN     2,807        

ACCORDANCE WITH ITS DETERMINATION IF IT DETERMINES AT THE HEARING  2,809        

THAT THE PETITIONER HAS ESTABLISHED EITHER OF THE FOLLOWING BY A   2,810        

PREPONDERANCE OF THE EVIDENCE:                                                  

      (i)  THE PETITIONER HAS A LEGAL RIGHT, TITLE, OR INTEREST    2,812        

IN THE PROPERTY THAT RENDERS THE ORDER OF FORFEITURE COMPLETELY    2,813        

OR PARTIALLY INVALID BECAUSE IT WAS VESTED IN THE PETITIONER,      2,814        

RATHER THAN THE ADULT OFFENDER WHOSE CONVICTION OR GUILTY PLEA OR  2,815        

THE DELINQUENT CHILD WHOSE ADJUDICATION IS THE BASIS OF THE        2,816        

ORDER, OR WAS SUPERIOR TO ANY RIGHT, TITLE, OR INTEREST OF THAT    2,817        

ADULT OFFENDER OR DELINQUENT CHILD, AT THE TIME OF THE COMMISSION  2,818        

OF THE VIOLATION THAT IS THE BASIS OF THE ORDER.                   2,819        

      (ii)  THE PETITIONER IS A BONA FIDE PURCHASER FOR VALUE OF   2,821        

                                                          70     

                                                                 
THE RIGHT, TITLE, OR INTEREST IN THE PROPERTY AND WAS AT THE TIME  2,822        

OF THE PURCHASE REASONABLY WITHOUT CAUSE TO BELIEVE THAT IT WAS    2,823        

SUBJECT TO FORFEITURE UNDER THIS SECTION.                          2,824        

      (b)  THE COURT ALSO SHALL AMEND ITS ORDER OF FORFEITURE TO   2,826        

REFLECT ANY RIGHT, TITLE, OR INTEREST OF A SECURED PARTY OR OTHER  2,827        

LIENHOLDER OF RECORD IN THE PROPERTY SUBJECT TO THE ORDER THAT     2,828        

WAS ESTABLISHED PURSUANT TO DIVISION (F)(3)(b) OF THIS SECTION BY  2,830        

MEANS OF AN AFFIDAVIT, OR THAT WAS ESTABLISHED PURSUANT TO THAT    2,831        

DIVISION BY THE FAILURE OF A PROSECUTING ATTORNEY TO ESTABLISH,    2,832        

IN A HEARING AS DESCRIBED IN THAT DIVISION, THAT THE SECURED       2,833        

PARTY OR OTHER LIENHOLDER DID NOT POSSESS THE ALLEGED RIGHT,       2,834        

TITLE, OR INTEREST IN THE PROPERTY OR THAT THE SECURED PARTY OR    2,835        

OTHER LIENHOLDER HAD ACTUAL KNOWLEDGE OF FACTS PERTAINING TO THE   2,836        

VIOLATION THAT WAS THE BASIS OF THE ORDER.                         2,837        

      (G)(1)  SUBJECT TO DIVISION (G)(2) OF THIS SECTION, IF THE   2,840        

COURT HAS DISPOSED OF ALL PETITIONS FILED UNDER DIVISION (F) OF    2,841        

THIS SECTION OR IF NO PETITIONS ARE FILED UNDER THAT DIVISION AND  2,842        

THE TIME FOR FILING PETITIONS UNDER THAT DIVISION HAS EXPIRED,     2,843        

THE STATE SHALL HAVE CLEAR TITLE TO ALL PROPERTY THAT IS THE       2,844        

SUBJECT OF AN ORDER OF FORFEITURE ISSUED UNDER THIS SECTION AND    2,845        

MAY WARRANT GOOD TITLE TO ANY SUBSEQUENT PURCHASER OR OTHER        2,846        

TRANSFEREE.                                                        2,847        

      (2)  IF AN AFFIDAVIT AS DESCRIBED IN DIVISION (F)(3)(b) OF   2,850        

THIS SECTION IS FILED IN ACCORDANCE WITH THAT DIVISION, IF THE     2,851        

AFFIDAVIT CONSTITUTES UNDER THE CIRCUMSTANCES DESCRIBED IN THAT    2,852        

DIVISION CONCLUSIVE EVIDENCE OF THE VALIDITY OF THE RIGHT, TITLE,  2,854        

OR INTEREST OF A SECURED PARTY OR OTHER LIENHOLDER OF RECORD IN    2,855        

THE PROPERTY SUBJECT TO A FORFEITURE ORDER, AND IF ANY MORTGAGE,   2,856        

SECURITY INTEREST, OR OTHER TYPE OF LIEN POSSESSED BY THE SECURED  2,857        

PARTY OR OTHER LIENHOLDER IN CONNECTION WITH THE PROPERTY IS NOT   2,858        

SATISFIED PRIOR TO A SALE OR OTHER DISPOSITION OF THE PROPERTY     2,859        

PURSUANT TO SECTION 2923.46 OF THE REVISED CODE, THEN THE RIGHT,   2,861        

TITLE, OR INTEREST OF THE SECURED PARTY OR OTHER LIENHOLDER IN     2,862        

THE PROPERTY REMAINS VALID FOR PURPOSES OF SECTIONS 2923.44 TO     2,863        

                                                          71     

                                                                 
2923.47 OF THE REVISED CODE AND ANY SUBSEQUENT PURCHASER OR OTHER  2,864        

TRANSFEREE OF THE PROPERTY PURSUANT TO SECTION 2923.46 OF THE      2,865        

REVISED CODE SHALL TAKE THE PROPERTY SUBJECT TO THE CONTINUED      2,866        

VALIDITY OF THE RIGHT, TITLE, OR INTEREST OF THE SECURED PARTY OR  2,867        

OTHER LIENHOLDER IN THE PROPERTY.                                               

      Sec. 2923.45.  (A)  THE FOLLOWING PROPERTY IS SUBJECT TO     2,869        

FORFEITURE TO THE STATE IN A CIVIL ACTION AS DESCRIBED IN          2,870        

DIVISION (E) OF THIS SECTION, AND NO PERSON HAS ANY RIGHT, TITLE,  2,871        

OR INTEREST IN THE FOLLOWING PROPERTY:                             2,872        

      (1)  ANY PROPERTY THAT CONSTITUTES, OR IS DERIVED DIRECTLY   2,874        

OR INDIRECTLY FROM, ANY PROCEEDS THAT A PERSON OBTAINED DIRECTLY   2,875        

OR INDIRECTLY FROM THE COMMISSION OF AN ACT THAT, UPON THE FILING  2,876        

OF AN INDICTMENT, COMPLAINT, OR INFORMATION, COULD BE PROSECUTED   2,877        

AS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR THAT,     2,878        

UPON THE FILING OF A COMPLAINT, COULD BE THE BASIS FOR FINDING A   2,879        

JUVENILE TO BE A DELINQUENT CHILD FOR COMMITTING AN ACT THAT IS A  2,880        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE;                  2,881        

      (2)  ANY PROPERTY THAT WAS USED OR INTENDED TO BE USED IN    2,883        

ANY MANNER TO COMMIT, OR TO FACILITATE THE COMMISSION OF, AN ACT   2,884        

THAT, UPON THE FILING OF AN INDICTMENT, COMPLAINT, OR              2,885        

INFORMATION, COULD BE PROSECUTED AS A VIOLATION OF SECTION         2,886        

2923.42 OF THE REVISED CODE OR THAT, UPON THE FILING OF A          2,887        

COMPLAINT, COULD BE THE BASIS FOR FINDING A JUVENILE TO BE A       2,888        

DELINQUENT CHILD FOR COMMITTING AN ACT THAT IS A VIOLATION OF      2,889        

SECTION 2923.42 OF THE REVISED CODE.                                            

      (B)(1)  ALL RIGHT, TITLE, AND INTEREST IN PROPERTY           2,891        

DESCRIBED IN DIVISION (A) OF THIS SECTION SHALL VEST IN THE STATE  2,892        

UPON THE COMMISSION OF THE ACT GIVING RISE TO A CIVIL FORFEITURE   2,893        

UNDER THIS SECTION.                                                2,894        

      (2)  THE PROVISIONS OF SECTION 2933.43 OF THE REVISED CODE   2,897        

RELATING TO THE PROCEDURES FOR THE FORFEITURE OF CONTRABAND DO     2,898        

NOT APPLY TO A CIVIL ACTION TO OBTAIN A CIVIL FORFEITURE UNDER     2,899        

THIS SECTION.                                                      2,900        

      (3)  ANY PROPERTY TAKEN OR DETAINED PURSUANT TO THIS         2,902        

                                                          72     

                                                                 
SECTION IS NOT SUBJECT TO REPLEVIN AND IS CONSIDERED TO BE IN THE  2,903        

CUSTODY OF THE HEAD OF THE LAW ENFORCEMENT AGENCY THAT SEIZED THE  2,904        

PROPERTY.                                                          2,905        

      THIS SECTION DOES NOT PRECLUDE THE HEAD OF A LAW             2,907        

ENFORCEMENT AGENCY THAT SEIZES PROPERTY FROM SEEKING THE           2,908        

FORFEITURE OF THAT PROPERTY PURSUANT TO FEDERAL LAW.  IF THE HEAD  2,910        

OF A LAW ENFORCEMENT AGENCY THAT SEIZES PROPERTY DOES NOT SEEK     2,911        

THE FORFEITURE OF THAT PROPERTY PURSUANT TO FEDERAL LAW AND IF     2,912        

THE PROPERTY IS SUBJECT TO FORFEITURE UNDER THIS SECTION, THE      2,913        

PROPERTY IS SUBJECT ONLY TO THE ORDERS OF THE COURT OF COMMON                   

PLEAS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED, AND IT       2,914        

SHALL BE DISPOSED OF IN ACCORDANCE WITH SECTION 2923.46 OF THE     2,916        

REVISED CODE.                                                                   

      (4)  NOTHING IN THIS SECTION PRECLUDES A FINANCIAL           2,918        

INSTITUTION THAT HAS OR PURPORTS TO HAVE A SECURITY INTEREST IN    2,919        

OR LIEN ON PROPERTY DESCRIBED IN DIVISION (A) OF THIS SECTION      2,920        

FROM COMMENCING A CIVIL ACTION OR TAKING OTHER APPROPRIATE LEGAL   2,921        

ACTION IN CONNECTION WITH THE PROPERTY, PRIOR TO ITS DISPOSITION   2,922        

IN ACCORDANCE WITH SECTION 2923.46 OF THE REVISED CODE, FOR THE    2,924        

PURPOSE OF OBTAINING POSSESSION OF THE PROPERTY IN ORDER TO                     

FORECLOSE OR OTHERWISE ENFORCE THE SECURITY INTEREST OR LIEN.  A   2,925        

FINANCIAL INSTITUTION MAY COMMENCE A CIVIL ACTION OR TAKE OTHER    2,926        

APPROPRIATE LEGAL ACTION FOR THAT PURPOSE PRIOR TO THE             2,927        

DISPOSITION OF THE PROPERTY IN ACCORDANCE WITH SECTION 2923.46 OF  2,928        

THE REVISED CODE, EVEN IF A CIVIL ACTION TO OBTAIN A CIVIL         2,929        

FORFEITURE HAS BEEN OR COULD BE COMMENCED UNDER THIS SECTION,      2,930        

EVEN IF THE PROPERTY IS OR COULD BE THE SUBJECT OF AN ORDER OF     2,931        

CIVIL FORFEITURE ISSUED UNDER THIS SECTION, AND EVEN IF THE        2,932        

PROPERTY HAS BEEN SEIZED OR IS SUBJECT TO SEIZURE PURSUANT TO      2,933        

THIS SECTION.                                                      2,934        

      IF A FINANCIAL INSTITUTION COMMENCES A CIVIL ACTION OR       2,936        

TAKES ANY OTHER APPROPRIATE LEGAL ACTION AS DESCRIBED IN THIS      2,937        

DIVISION, IF THE FINANCIAL INSTITUTION SUBSEQUENTLY CAUSES THE     2,938        

SALE OF THE PROPERTY PRIOR TO ITS SEIZURE PURSUANT TO THIS         2,939        

                                                          73     

                                                                 
SECTION AND ITS DISPOSITION PURSUANT TO SECTION 2923.46 OF THE     2,941        

REVISED CODE, AND IF THE PERSON RESPONSIBLE FOR THE CONDUCT OF     2,942        

THE SALE HAS ACTUAL KNOWLEDGE OF THE COMMENCEMENT OF A CIVIL       2,943        

ACTION TO OBTAIN A CIVIL FORFEITURE UNDER THIS SECTION OR ACTUAL   2,944        

KNOWLEDGE OF AN ORDER OF CIVIL FORFEITURE ISSUED UNDER THIS        2,945        

SECTION, THEN THE PERSON RESPONSIBLE FOR THE CONDUCT OF THE SALE   2,946        

SHALL DISPOSE OF THE PROCEEDS OF THE SALE IN THE FOLLOWING ORDER:  2,947        

      (a)  FIRST, TO THE PAYMENT OF THE COSTS OF THE SALE AND TO   2,949        

THE PAYMENT OF THE COSTS INCURRED BY LAW ENFORCEMENT AGENCIES AND  2,950        

FINANCIAL INSTITUTIONS IN CONNECTION WITH THE SEIZURE OF, STORAGE  2,951        

OF, MAINTENANCE OF, AND PROVISION OF SECURITY FOR THE PROPERTY.    2,952        

AS USED IN THIS DIVISION, "COSTS" OF A FINANCIAL INSTITUTION DO    2,953        

NOT INCLUDE ATTORNEY'S FEES INCURRED BY THAT INSTITUTION IN        2,954        

CONNECTION WITH THE PROPERTY.                                      2,955        

      (b)  SECOND, THE REMAINING PROCEEDS OF THE SALE AFTER        2,957        

COMPLIANCE WITH DIVISION (B)(4)(a) OF THIS SECTION, TO THE         2,959        

PAYMENT IN THE ORDER OF PRIORITY OF THE SECURITY INTERESTS AND     2,960        

LIENS OF VALID SECURITY INTERESTS AND LIENS PERTAINING TO THE      2,961        

PROPERTY THAT, AT THE TIME OF THE VESTING IN THE STATE UNDER       2,962        

DIVISION (B)(1) OF THIS SECTION OF THE RIGHT, TITLE, OR INTEREST   2,964        

OF THE ADULT OR JUVENILE, ARE HELD BY KNOWN SECURED PARTIES AND                 

LIENHOLDERS;                                                       2,965        

      (c)  THIRD, THE REMAINING PROCEEDS OF THE SALE AFTER         2,967        

COMPLIANCE WITH DIVISION (B)(4)(b) OF THIS SECTION, TO THE COURT   2,969        

THAT HAS OR WOULD HAVE JURISDICTION IN A CIVIL ACTION TO OBTAIN A               

CIVIL FORFEITURE UNDER THIS SECTION, FOR DISPOSITION IN            2,970        

ACCORDANCE WITH SECTION 2923.46 OF THE REVISED CODE.               2,971        

      (C)(1)  A LAW ENFORCEMENT OFFICER MAY SEIZE ANY PROPERTY     2,973        

THAT IS SUBJECT TO CIVIL FORFEITURE UNDER THIS SECTION UPON        2,976        

PROCESS, OR A WARRANT AS DESCRIBED IN DIVISION (C)(2) OF THIS      2,977        

SECTION, ISSUED BY A COURT OF COMMON PLEAS THAT HAS JURISDICTION   2,978        

OVER THE PROPERTY.  ADDITIONALLY, A LAW ENFORCEMENT OFFICER MAY                 

SEIZE THE PROPERTY, WITHOUT PROCESS OR A WARRANT BEING SO ISSUED,  2,980        

WHEN ANY OF THE FOLLOWING APPLIES:                                 2,982        

                                                          74     

                                                                 
      (a)  THE SEIZURE IS INCIDENT TO AN ARREST, A SEARCH UNDER A  2,984        

SEARCH WARRANT, A LAWFUL SEARCH WITHOUT A SEARCH WARRANT, OR AN    2,985        

INSPECTION UNDER AN ADMINISTRATIVE INSPECTION WARRANT.             2,986        

      (b)  THE PROPERTY IS THE SUBJECT OF A PRIOR JUDGMENT IN      2,988        

FAVOR OF THE STATE IN A RESTRAINING ORDER, INJUNCTION, OR OTHER    2,989        

PRESERVATION ORDER PROCEEDING UNDER SECTION 2923.44 OF THE         2,991        

REVISED CODE, OR IS THE SUBJECT OF A FORFEITURE ORDER ISSUED                    

PURSUANT TO THAT SECTION.                                          2,992        

      (c)  THE LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE TO       2,994        

BELIEVE THAT THE PROPERTY IS DIRECTLY OR INDIRECTLY DANGEROUS TO   2,995        

THE PUBLIC HEALTH OR SAFETY.                                       2,996        

      (d)  THE INITIAL INTRUSION BY THE LAW ENFORCEMENT OFFICER    2,998        

AFFORDED THE OFFICER WITH PLAIN VIEW OF PERSONAL PROPERTY THAT IS  2,999        

SUBJECT TO CIVIL FORFEITURE IN A CIVIL ACTION UNDER THIS SECTION,  3,000        

THE INITIAL INTRUSION BY THE LAW ENFORCEMENT OFFICER WAS LAWFUL,   3,001        

THE DISCOVERY OF THE PERSONAL PROPERTY BY THE LAW ENFORCEMENT      3,002        

OFFICER WAS INADVERTENT, AND THE INCRIMINATING NATURE OF THE       3,003        

PERSONAL PROPERTY WAS IMMEDIATELY APPARENT TO THE LAW ENFORCEMENT  3,004        

OFFICER.                                                                        

      (2)  FOR PURPOSES OF DIVISION (C)(1) OF THIS SECTION, THE    3,006        

STATE MAY REQUEST A COURT OF COMMON PLEAS TO ISSUE A WARRANT THAT  3,007        

AUTHORIZES THE SEIZURE OF PROPERTY THAT IS SUBJECT TO CIVIL        3,008        

FORFEITURE UNDER THIS SECTION, IN THE SAME MANNER AS PROVIDED IN   3,009        

CRIMINAL RULE 41 AND CHAPTER 2933. OF THE REVISED CODE FOR THE     3,011        

ISSUANCE OF A SEARCH WARRANT.  FOR PURPOSES OF DIVISION (C)(1) OF  3,013        

THIS SECTION, ANY PROCEEDING BEFORE A COURT OF COMMON PLEAS THAT   3,014        

INVOLVES A REQUEST FOR THE ISSUANCE OF PROCESS, OR A WARRANT AS    3,015        

DESCRIBED IN THIS DIVISION, AUTHORIZING THE SEIZURE OF ANY         3,016        

PROPERTY THAT IS SUBJECT TO CIVIL FORFEITURE UNDER THIS SECTION    3,017        

SHALL BE RECORDED BY SHORTHAND, BY STENOTYPE, OR BY ANY OTHER      3,018        

MECHANICAL, ELECTRONIC, OR VIDEO RECORDING DEVICE.  THE RECORDING  3,019        

OF AND ANY TRANSCRIPT OF THE RECORDING OF SUCH A PROCEEDING SHALL  3,020        

NOT BE A PUBLIC RECORD FOR PURPOSES OF SECTION 149.43 OF THE       3,021        

REVISED CODE UNTIL THE PROPERTY HAS BEEN SEIZED PURSUANT TO THE    3,023        

                                                          75     

                                                                 
PROCESS OR WARRANT.  THIS DIVISION DOES NOT REQUIRE, AUTHORIZE,    3,025        

OR PERMIT THE MAKING AVAILABLE FOR INSPECTION, OR THE COPYING,     3,026        

UNDER SECTION 149.43 OF THE REVISED CODE OF ANY CONFIDENTIAL LAW   3,027        

ENFORCEMENT INVESTIGATORY RECORD OR TRIAL PREPARATION RECORD, AS   3,028        

DEFINED IN THAT SECTION.                                                        

      (3)  IF PROPERTY IS SEIZED PURSUANT TO DIVISION (C)(1) OF    3,030        

THIS SECTION AND IF A CIVIL ACTION TO OBTAIN A CIVIL FORFEITURE    3,031        

UNDER THIS SECTION, A CRIMINAL ACTION THAT COULD RESULT IN A       3,032        

CRIMINAL FORFEITURE UNDER SECTION 2923.44 OF THE REVISED CODE, OR  3,034        

A DELINQUENT CHILD PROCEEDING THAT COULD RESULT IN A CRIMINAL      3,035        

FORFEITURE UNDER THAT SECTION IS NOT PENDING AT THE TIME OF THE    3,036        

SEIZURE OR PREVIOUSLY DID NOT OCCUR IN CONNECTION WITH THE         3,037        

PROPERTY, THEN THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH     3,038        

THE SEIZURE OCCURRED PROMPTLY SHALL COMMENCE A CIVIL ACTION TO     3,039        

OBTAIN A CIVIL FORFEITURE UNDER THIS SECTION IN CONNECTION WITH    3,040        

THE PROPERTY, UNLESS AN INDICTMENT, COMPLAINT, OR INFORMATION      3,041        

ALLEGING THE COMMISSION OF A VIOLATION OF SECTION 2923.42 OF THE   3,042        

REVISED CODE OR A COMPLAINT ALLEGING THAT A JUVENILE IS A          3,043        

DELINQUENT CHILD BECAUSE OF THE COMMISSION OF AN ACT THAT IS A     3,044        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE IS FILED PRIOR    3,045        

TO THE COMMENCEMENT OF THE CIVIL ACTION.  NOTHING IN DIVISION      3,046        

(C)(3) OF THIS SECTION PRECLUDES THE FILING OF AN INDICTMENT,      3,047        

COMPLAINT, OR INFORMATION ALLEGING THE COMMISSION OF A VIOLATION   3,048        

OF SECTION 2923.42 OF THE REVISED CODE OR THE FILING OF A          3,049        

COMPLAINT ALLEGING THAT A JUVENILE IS A DELINQUENT CHILD BECAUSE   3,050        

OF THE COMMISSION OF AN ACT THAT IS A VIOLATION OF SECTION         3,051        

2923.42 OF THE REVISED CODE, AFTER THE COMMENCEMENT OF A CIVIL     3,052        

ACTION TO OBTAIN A CIVIL FORFEITURE UNDER THIS SECTION.                         

      (D)(1)  THE FILING OF AN INDICTMENT, COMPLAINT, OR           3,054        

INFORMATION ALLEGING THE COMMISSION OF A VIOLATION OF SECTION      3,055        

2923.42 OF THE REVISED CODE THAT ALSO IS THE BASIS OF A CIVIL      3,056        

ACTION FOR A CIVIL FORFEITURE UNDER THIS SECTION, OR THE FILING    3,057        

OF A COMPLAINT ALLEGING THAT A JUVENILE IS A DELINQUENT CHILD      3,058        

BECAUSE OF THE COMMISSION OF AN ACT THAT IS A VIOLATION OF         3,059        

                                                          76     

                                                                 
SECTION 2923.42 OF THE REVISED CODE, AND THAT ALSO IS THE BASIS    3,060        

OF A CIVIL ACTION FOR A CIVIL FORFEITURE UNDER THIS SECTION, UPON  3,061        

THE MOTION OF THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE  3,062        

INDICTMENT, COMPLAINT, OR INFORMATION OR THE COMPLAINT IN THE      3,063        

DELINQUENT CHILD PROCEEDING IS FILED, SHALL STAY THE CIVIL         3,064        

ACTION.                                                            3,065        

      (2)  A CIVIL ACTION TO OBTAIN A CIVIL FORFEITURE UNDER THIS  3,067        

SECTION MAY BE COMMENCED AS DESCRIBED IN DIVISION (E) OF THIS      3,068        

SECTION WHETHER OR NOT THE ADULT OR JUVENILE WHO COMMITTED A       3,069        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR AN ACT THAT    3,070        

IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE HAS BEEN     3,071        

CHARGED BY AN INDICTMENT, COMPLAINT, OR INFORMATION WITH THE       3,072        

COMMISSION OF A VIOLATION OF THAT SECTION, HAS PLEADED GUILTY TO   3,073        

OR BEEN FOUND GUILTY OF A VIOLATION OF THAT SECTION, HAS BEEN      3,074        

DETERMINED TO BE A DELINQUENT CHILD FOR THE COMMISSION OF A        3,075        

VIOLATION OF THAT SECTION, HAS BEEN FOUND NOT GUILTY OF            3,076        

COMMITTING A VIOLATION OF THAT SECTION, OR HAS NOT BEEN                         

DETERMINED TO BE A DELINQUENT CHILD FOR THE ALLEGED COMMISSION OF  3,077        

A VIOLATION OF THAT SECTION.                                       3,078        

      (E)(1)  THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH      3,080        

PROPERTY DESCRIBED IN DIVISION (A) OF THIS SECTION IS LOCATED MAY  3,081        

COMMENCE A CIVIL ACTION TO OBTAIN A CIVIL FORFEITURE UNDER THIS    3,082        

SECTION BY FILING IN THE COURT OF COMMON PLEAS OF THAT COUNTY A    3,083        

COMPLAINT THAT REQUESTS THE ISSUANCE OF AN ORDER OF CIVIL          3,084        

FORFEITURE OF THE PROPERTY TO THE STATE.  NOTICES OF THE ACTION    3,085        

SHALL BE SERVED AND PUBLISHED IN ACCORDANCE WITH DIVISION (E)(2)   3,086        

OF THIS SECTION.                                                   3,087        

      (2)  PRIOR TO OR SIMULTANEOUSLY WITH THE COMMENCEMENT OF     3,089        

THE CIVIL ACTION AS DESCRIBED IN DIVISION (E)(1) OF THIS SECTION,  3,090        

THE PROSECUTING ATTORNEY SHALL CONDUCT OR CAUSE TO BE CONDUCTED A  3,091        

SEARCH OF THE APPROPRIATE PUBLIC RECORDS THAT RELATE TO THE        3,092        

PROPERTY SUBJECT TO CIVIL FORFEITURE, AND SHALL MAKE OR CAUSE TO   3,093        

BE MADE REASONABLY DILIGENT INQUIRIES, FOR THE PURPOSE OF          3,094        

IDENTIFYING PERSONS WHO HAVE ANY RIGHT, TITLE, OR INTEREST IN THE  3,095        

                                                          77     

                                                                 
PROPERTY.  THE PROSECUTING ATTORNEY THEN SHALL CAUSE A NOTICE OF   3,096        

THE COMMENCEMENT OF THE CIVIL ACTION, TOGETHER WITH A COPY OF THE  3,097        

COMPLAINT FILED IN IT, TO BE GIVEN TO EACH PERSON WHO IS KNOWN,    3,098        

BECAUSE OF THE CONDUCT OF THE SEARCH, THE MAKING OF THE            3,099        

INQUIRIES, OR OTHERWISE, TO HAVE ANY RIGHT, TITLE, OR INTEREST IN  3,100        

THE PROPERTY, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY   3,101        

PERSONAL SERVICE.  ADDITIONALLY, THE PROSECUTING ATTORNEY SHALL    3,102        

CAUSE A SIMILAR NOTICE TO BE PUBLISHED ONCE A WEEK FOR TWO         3,103        

CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE     3,104        

COUNTY IN WHICH THE PROPERTY IS LOCATED.                           3,105        

      (3)  THE PROCEDURES SPECIFIED IN DIVISIONS (F)(3) TO (5) OF  3,107        

SECTION 2923.44 OF THE REVISED CODE APPLY TO PERSONS CLAIMING ANY  3,109        

RIGHT, TITLE, OR INTEREST IN PROPERTY SUBJECT TO CIVIL FORFEITURE               

UNDER THIS SECTION.  THE REFERENCES IN THOSE DIVISIONS TO THE      3,110        

ADULT OFFENDER WHOSE CONVICTION OR GUILTY PLEA, OR THE DELINQUENT  3,111        

CHILD WHOSE ADJUDICATION, IS THE BASIS OF AN ORDER OF CRIMINAL     3,112        

FORFEITURE SHALL BE CONSTRUED FOR PURPOSES OF THIS SECTION TO      3,113        

MEAN THE ADULT OR JUVENILE WHO COMMITTED THE ACT THAT COULD BE     3,114        

THE BASIS OF AN ORDER OF CIVIL FORFEITURE UNDER THIS SECTION, AND  3,115        

THE REFERENCES IN THOSE DIVISIONS TO AN ISSUED ORDER OF CRIMINAL   3,116        

FORFEITURE SHALL BE INAPPLICABLE.                                  3,117        

      (4)  A HEARING SHALL BE HELD IN THE CIVIL ACTION DESCRIBED   3,119        

IN DIVISION (E)(1) OF THIS SECTION AT LEAST THIRTY DAYS AFTER THE  3,120        

FINAL PUBLICATION OF NOTICE AS REQUIRED BY DIVISION (E)(2) OF      3,121        

THIS SECTION AND AFTER THE DATE OF COMPLETION OF THE SERVICE OF    3,122        

NOTICE BY PERSONAL SERVICE OR CERTIFIED MAIL, RETURN RECEIPT       3,123        

REQUESTED, AS REQUIRED BY THAT DIVISION.  FOLLOWING THE HEARING,   3,124        

THE COURT SHALL ISSUE THE REQUESTED ORDER OF CIVIL FORFEITURE IF   3,125        

THE COURT DETERMINES THAT THE PROSECUTING ATTORNEY HAS PROVEN BY   3,126        

CLEAR AND CONVINCING EVIDENCE THAT THE PROPERTY IN QUESTION IS     3,127        

PROPERTY AS DESCRIBED IN DIVISION (A)(1) OR (2) OF THIS SECTION    3,128        

AND IF THE COURT HAS DISPOSED OF ALL PETITIONS FILED UNDER         3,129        

DIVISION (E)(3) OF THIS SECTION OR NO PETITIONS HAVE BEEN SO       3,130        

FILED AND THE TIME FOR FILING THEM HAS EXPIRED.  AN ORDER OF       3,131        

                                                          78     

                                                                 
CIVIL FORFEITURE SO ISSUED SHALL STATE THAT ALL RIGHT, TITLE, AND  3,132        

INTEREST IN THE PROPERTY IN QUESTION OF THE ADULT OR JUVENILE WHO  3,133        

COMMITTED THE ACT THAT IS THE BASIS OF THE ORDER IS FORFEITED TO   3,134        

THE STATE AND SHALL MAKE DUE PROVISION FOR THE RIGHT, TITLE, OR    3,135        

INTEREST IN THAT PROPERTY OF ANY OTHER PERSON IN ACCORDANCE WITH   3,136        

ANY DETERMINATIONS MADE BY THE COURT UNDER DIVISION (E)(3) OF      3,137        

THIS SECTION AND IN ACCORDANCE WITH DIVISIONS (F)(5)(b) AND        3,139        

(G)(2) OF SECTION 2923.44 OF THE REVISED CODE.                     3,140        

      (5)  SUBJECT TO DIVISION (G)(2) OF SECTION 2923.44 OF THE    3,143        

REVISED CODE, IF A COURT OF COMMON PLEAS ENTERS AN ORDER OF CIVIL  3,144        

FORFEITURE IN ACCORDANCE WITH DIVISION (E) OF THIS SECTION, THE    3,145        

STATE SHALL HAVE CLEAR TITLE TO THE PROPERTY THAT IS THE SUBJECT   3,146        

OF THE ORDER AND MAY WARRANT GOOD TITLE TO ANY SUBSEQUENT          3,147        

PURCHASER OR OTHER TRANSFEREE.                                     3,148        

      Sec. 2923.46.  (A)  IF PROPERTY IS SEIZED PURSUANT TO        3,150        

SECTION 2923.44 OR 2923.45 OF THE REVISED CODE, IT IS CONSIDERED   3,151        

TO BE IN THE CUSTODY OF THE HEAD OF THE LAW ENFORCEMENT AGENCY     3,152        

THAT SEIZED IT, AND THE HEAD OF THAT AGENCY MAY DO ANY OF THE      3,153        

FOLLOWING WITH RESPECT TO THAT PROPERTY PRIOR TO ITS DISPOSITION   3,155        

IN ACCORDANCE WITH DIVISION (A)(4) OR (B) OF THIS SECTION:         3,156        

      (1)  PLACE THE PROPERTY UNDER SEAL;                          3,158        

      (2)  REMOVE THE PROPERTY TO A PLACE THAT THE HEAD OF THAT    3,160        

AGENCY DESIGNATES;                                                 3,161        

      (3)  REQUEST THE ISSUANCE OF A COURT ORDER THAT REQUIRES     3,163        

ANY OTHER APPROPRIATE MUNICIPAL CORPORATION, COUNTY, TOWNSHIP,     3,164        

PARK DISTRICT CREATED PURSUANT TO SECTION 511.18 OR 1545.01 OF     3,166        

THE REVISED CODE, OR STATE LAW ENFORCEMENT OFFICER OR OTHER                     

OFFICER TO TAKE CUSTODY OF THE PROPERTY AND, IF PRACTICABLE,       3,167        

REMOVE IT TO AN APPROPRIATE LOCATION FOR EVENTUAL DISPOSITION IN   3,168        

ACCORDANCE WITH DIVISION (B) OF THIS SECTION;                      3,169        

      (4)(a)  SEEK FORFEITURE OF THE PROPERTY PURSUANT TO FEDERAL  3,171        

LAW.  IF THE HEAD OF THAT AGENCY SEEKS ITS FORFEITURE PURSUANT TO  3,172        

FEDERAL LAW, THE LAW ENFORCEMENT AGENCY SHALL DEPOSIT, USE, AND    3,173        

ACCOUNT FOR PROCEEDS FROM A SALE OF THE PROPERTY UPON ITS          3,175        

                                                          79     

                                                                 
FORFEITURE, PROCEEDS FROM ANOTHER DISPOSITION OF THE PROPERTY      3,176        

UPON ITS FORFEITURE, OR FORFEITED MONEYS IT RECEIVES, IN           3,177        

ACCORDANCE WITH THE APPLICABLE FEDERAL LAW AND OTHERWISE SHALL     3,178        

COMPLY WITH THAT LAW.                                              3,179        

      (b)  IF THE STATE HIGHWAY PATROL SEIZED THE PROPERTY AND IF  3,181        

THE SUPERINTENDENT OF THE STATE HIGHWAY PATROL SEEKS ITS           3,182        

FORFEITURE PURSUANT TO FEDERAL LAW, THE APPROPRIATE GOVERNMENTAL   3,183        

OFFICIALS SHALL DEPOSIT INTO THE STATE HIGHWAY PATROL CONTRABAND,  3,184        

FORFEITURE, AND OTHER FUND ALL INTEREST OR OTHER EARNINGS DERIVED  3,186        

FROM THE INVESTMENT OF THE PROCEEDS FROM A SALE OF THE PROPERTY                 

UPON ITS FORFEITURE, THE PROCEEDS FROM ANOTHER DISPOSITION OF THE  3,187        

PROPERTY UPON ITS FORFEITURE, OR THE FORFEITED MONEYS.  THE STATE  3,188        

HIGHWAY PATROL SHALL USE AND ACCOUNT FOR THAT INTEREST OR OTHER    3,189        

EARNINGS IN ACCORDANCE WITH THE APPLICABLE FEDERAL LAW.            3,190        

      (c)  DIVISION (B) OF THIS SECTION AND DIVISIONS (D)(1) TO    3,193        

(3) OF SECTION 2933.43 OF THE REVISED CODE DO NOT APPLY TO                      

PROCEEDS OR FORFEITED MONEYS RECEIVED PURSUANT TO FEDERAL LAW OR   3,194        

TO THE INTEREST OR OTHER EARNINGS THAT ARE DERIVED FROM THE        3,195        

INVESTMENT OF PROCEEDS OR FORFEITED MONEYS RECEIVED PURSUANT TO    3,196        

FEDERAL LAW AND THAT ARE DESCRIBED IN DIVISION (A)(4)(b) OF THIS   3,197        

SECTION.                                                                        

      (B)  IN ADDITION TO COMPLYING WITH ANY REQUIREMENTS IMPOSED  3,199        

BY A COURT PURSUANT TO SECTION 2923.44 OR 2923.45 OF THE REVISED   3,200        

CODE, AND THE REQUIREMENTS IMPOSED BY THOSE SECTIONS, IN RELATION  3,201        

TO THE DISPOSITION OF PROPERTY FORFEITED TO THE STATE UNDER        3,202        

EITHER OF THOSE SECTIONS, THE PROSECUTING ATTORNEY WHO IS          3,203        

RESPONSIBLE FOR ITS DISPOSITION SHALL DISPOSE OF THE PROPERTY AS   3,204        

FOLLOWS:                                                           3,205        

      (1)  ANY VEHICLE THAT WAS USED IN A VIOLATION OF SECTION     3,208        

2923.42 OF THE REVISED CODE OR IN AN ACT OF A JUVENILE THAT IS A   3,209        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE SHALL BE GIVEN    3,210        

TO THE LAW ENFORCEMENT AGENCY OF THE MUNICIPAL CORPORATION OR      3,212        

COUNTY IN WHICH THE OFFENSE OR ACT OCCURRED IF THAT AGENCY         3,213        

DESIRES TO HAVE THE VEHICLE, EXCEPT THAT, IF THE OFFENSE OR ACT    3,214        

                                                          80     

                                                                 
OCCURRED IN A TOWNSHIP OR IN A PARK DISTRICT CREATED PURSUANT TO   3,215        

SECTION 511.18 OR 1545.01 OF THE REVISED CODE AND A LAW            3,216        

ENFORCEMENT OFFICER EMPLOYED BY THE TOWNSHIP OR THE PARK DISTRICT               

WAS INVOLVED IN THE SEIZURE OF THE VEHICLE, THE VEHICLE MAY BE     3,217        

GIVEN TO THE LAW ENFORCEMENT AGENCY OF THAT TOWNSHIP OR PARK       3,218        

DISTRICT IF THAT AGENCY DESIRES TO HAVE THE VEHICLE, AND EXCEPT    3,219        

THAT, IF THE STATE HIGHWAY PATROL MADE THE SEIZURE OF THE          3,220        

VEHICLE, THE VEHICLE MAY BE GIVEN TO THE STATE HIGHWAY PATROL IF   3,221        

IT DESIRES TO HAVE THE VEHICLE.                                    3,222        

      (2)  DRUGS SHALL BE DISPOSED OF PURSUANT TO SECTION 3719.11  3,224        

OF THE REVISED CODE OR PLACED IN THE CUSTODY OF THE SECRETARY OF   3,225        

THE TREASURY OF THE UNITED STATES FOR DISPOSAL OR USE FOR MEDICAL  3,227        

OR SCIENTIFIC PURPOSES UNDER APPLICABLE FEDERAL LAW.               3,228        

      (3)  FIREARMS AND DANGEROUS ORDNANCE SUITABLE FOR POLICE     3,230        

WORK MAY BE GIVEN TO A LAW ENFORCEMENT AGENCY FOR THAT PURPOSE.    3,231        

FIREARMS SUITABLE FOR SPORTING USE, OR AS MUSEUM PIECES OR         3,232        

COLLECTORS' ITEMS, MAY BE DISPOSED OF BY SALE PURSUANT TO          3,233        

DIVISION (B)(7) OF THIS SECTION.  OTHER FIREARMS AND DANGEROUS     3,234        

ORDNANCE SHALL BE DESTROYED BY A LAW ENFORCEMENT AGENCY OR SHALL   3,235        

BE SENT TO THE BUREAU OF CRIMINAL IDENTIFICATION AND               3,236        

INVESTIGATION FOR DESTRUCTION BY IT.                               3,237        

      (4)  COMPUTERS, COMPUTER NETWORKS, COMPUTER SYSTEMS, AND     3,239        

COMPUTER SOFTWARE SUITABLE FOR POLICE WORK MAY BE GIVEN TO A LAW   3,240        

ENFORCEMENT AGENCY FOR THAT PURPOSE.  OTHER COMPUTERS, COMPUTER    3,241        

NETWORKS, COMPUTER SYSTEMS, AND COMPUTER SOFTWARE SHALL BE         3,242        

DISPOSED OF BY SALE PURSUANT TO DIVISION (B)(7) OF THIS SECTION    3,243        

OR DISPOSED OF IN ANOTHER MANNER THAT THE COURT THAT ISSUED THE    3,244        

ORDER OF FORFEITURE CONSIDERS PROPER UNDER THE CIRCUMSTANCES.      3,245        

      (5)  OBSCENE MATERIALS SHALL BE DESTROYED.                   3,247        

      (6)  BEER, INTOXICATING LIQUOR, AND ALCOHOL SHALL BE         3,249        

DISPOSED OF IN ACCORDANCE WITH DIVISION (D)(4) OF SECTION 2933.41  3,250        

OF THE REVISED CODE.                                               3,251        

      (7)  IN THE CASE OF PROPERTY NOT DESCRIBED IN DIVISIONS      3,254        

(B)(1) TO (6) OF THIS SECTION AND OF PROPERTY DESCRIBED IN THOSE                

                                                          81     

                                                                 
DIVISIONS BUT NOT DISPOSED OF PURSUANT TO THEM, THE PROPERTY       3,255        

SHALL BE SOLD IN ACCORDANCE WITH DIVISION (B)(7) OF THIS SECTION   3,256        

OR, IN THE CASE OF FORFEITED MONEYS, DISPOSED OF IN ACCORDANCE     3,257        

WITH DIVISION (B)(7) OF THIS SECTION.  IF THE PROPERTY IS TO BE    3,258        

SOLD, THE PROSECUTING ATTORNEY SHALL CAUSE A NOTICE OF THE         3,260        

PROPOSED SALE OF THE PROPERTY TO BE GIVEN IN ACCORDANCE WITH LAW,  3,261        

AND THE PROPERTY SHALL BE SOLD, WITHOUT APPRAISAL, AT A PUBLIC     3,262        

AUCTION TO THE HIGHEST BIDDER FOR CASH.  THE PROCEEDS OF A SALE    3,263        

AND FORFEITED MONEYS SHALL BE APPLIED IN THE FOLLOWING ORDER:      3,264        

      (a)  FIRST, TO THE PAYMENT OF THE COSTS INCURRED IN          3,266        

CONNECTION WITH THE SEIZURE OF, STORAGE OF, MAINTENANCE OF, AND    3,267        

PROVISION OF SECURITY FOR THE PROPERTY, THE FORFEITURE PROCEEDING  3,268        

OR CIVIL ACTION, AND, IF ANY, THE SALE;                            3,269        

      (b)  SECOND, THE REMAINING PROCEEDS OR FORFEITED MONEYS      3,271        

AFTER COMPLIANCE WITH DIVISION (B)(7)(a) OF THIS SECTION, TO THE   3,273        

PAYMENT OF THE VALUE OF ANY LEGAL RIGHT, TITLE, OR INTEREST IN     3,274        

THE PROPERTY THAT IS POSSESSED BY A PERSON WHO, PURSUANT TO        3,275        

DIVISION (F) OF SECTION 2923.44 OF THE REVISED CODE OR DIVISION    3,277        

(E) OF SECTION 2923.45 OF THE REVISED CODE, ESTABLISHED THE                     

VALIDITY OF AND CONSEQUENTLY PRESERVED THAT LEGAL RIGHT, TITLE,    3,278        

OR INTEREST, INCLUDING, BUT NOT LIMITED TO, ANY MORTGAGE,          3,279        

PERFECTED OR OTHER SECURITY INTEREST, OR OTHER LIEN IN THE         3,280        

PROPERTY.  THE VALUE OF THESE RIGHTS, TITLES, OR INTERESTS SHALL   3,281        

BE PAID ACCORDING TO THEIR RECORD OR OTHER ORDER OF PRIORITY.      3,282        

      (c)  THIRD, THE REMAINING PROCEEDS OR FORFEITED MONEYS       3,284        

AFTER COMPLIANCE WITH DIVISIONS (B)(7)(a) AND (b) OF THIS          3,286        

SECTION, AS FOLLOWS:                                                            

      (i)  IF THE FORFEITURE WAS ORDERED IN A JUVENILE COURT, TEN  3,288        

PER CENT TO ONE OR MORE ALCOHOL AND DRUG ADDICTION TREATMENT       3,289        

PROGRAMS THAT ARE CERTIFIED BY THE DEPARTMENT OF ALCOHOL AND DRUG  3,290        

ADDICTION SERVICES UNDER SECTION 3793.06 OF THE REVISED CODE AND   3,291        

THAT ARE SPECIFIED IN THE ORDER OF FORFEITURE.  A JUVENILE COURT   3,292        

SHALL NOT SPECIFY AN ALCOHOL OR DRUG ADDICTION TREATMENT PROGRAM   3,293        

IN THE ORDER OF FORFEITURE UNLESS THE PROGRAM IS A CERTIFIED       3,294        

                                                          82     

                                                                 
ALCOHOL AND DRUG ADDICTION TREATMENT PROGRAM AND, EXCEPT AS        3,295        

PROVIDED IN DIVISION (B)(7)(c)(i) OF THIS SECTION, UNLESS THE      3,297        

PROGRAM IS LOCATED IN THE COUNTY IN WHICH THE COURT THAT ORDERS                 

THE FORFEITURE IS LOCATED OR IN A CONTIGUOUS COUNTY.  IF NO        3,298        

CERTIFIED ALCOHOL AND DRUG ADDICTION TREATMENT PROGRAM IS LOCATED  3,299        

IN ANY OF THOSE COUNTIES, THE JUVENILE COURT MAY SPECIFY IN THE    3,300        

ORDER A CERTIFIED ALCOHOL AND DRUG ADDICTION TREATMENT PROGRAM     3,301        

LOCATED ANYWHERE WITHIN THIS STATE.                                             

      (ii)  IF THE FORFEITURE WAS ORDERED IN A JUVENILE COURT,     3,303        

NINETY PER CENT, AND IF THE FORFEITURE WAS ORDERED IN A COURT      3,304        

OTHER THAN A JUVENILE COURT, ONE HUNDRED PER CENT TO APPROPRIATE   3,305        

FUNDS IN ACCORDANCE WITH DIVISIONS (D)(1)(c) AND (2) OF SECTION    3,306        

2933.43 OF THE REVISED CODE.  THE REMAINING PROCEEDS OR FORFEITED  3,307        

MONEYS SO DEPOSITED SHALL BE USED ONLY FOR THE PURPOSES            3,308        

AUTHORIZED BY THOSE DIVISIONS AND DIVISION (D)(3)(a)(ii) OF THAT   3,309        

SECTION.                                                                        

      (C)(1)  SECTIONS 2923.44 TO 2923.47 OF THE REVISED CODE DO   3,311        

NOT PRECLUDE A FINANCIAL INSTITUTION THAT POSSESSED A VALID        3,312        

MORTGAGE, SECURITY INTEREST, OR LIEN THAT IS NOT SATISFIED PRIOR   3,313        

TO A SALE UNDER DIVISION (B)(7) OF THIS SECTION OR FOLLOWING A     3,314        

SALE BY APPLICATION OF DIVISION (B)(7)(b) OF THIS SECTION, FROM    3,316        

COMMENCING A CIVIL ACTION IN ANY APPROPRIATE COURT IN THIS OR      3,317        

ANOTHER STATE TO OBTAIN A DEFICIENCY JUDGMENT AGAINST THE DEBTOR   3,318        

IF THE FINANCIAL INSTITUTION OTHERWISE WOULD HAVE BEEN ENTITLED    3,319        

TO DO SO IN THIS OR ANOTHER STATE.                                 3,320        

      (2)  ANY LAW ENFORCEMENT AGENCY THAT OBTAINS ANY VEHICLE     3,322        

PURSUANT TO DIVISION (B)(1) OF THIS SECTION SHALL TAKE THE         3,323        

VEHICLE SUBJECT TO THE OUTSTANDING AMOUNT OF ANY SECURITY          3,324        

INTEREST OR LIEN THAT ATTACHES TO THE VEHICLE.                     3,325        

      (3)  NOTHING IN THIS SECTION IMPAIRS A MORTGAGE, SECURITY    3,327        

INTEREST, LIEN, OR OTHER INTEREST OF A FINANCIAL INSTITUTION IN    3,329        

PROPERTY THAT WAS THE SUBJECT OF A FORFEITURE ORDER UNDER SECTION  3,330        

2923.44 OR 2923.45 OF THE REVISED CODE AND THAT WAS SOLD OR        3,331        

OTHERWISE DISPOSED OF IN A MANNER THAT DOES NOT CONFORM TO THE     3,332        

                                                          83     

                                                                 
REQUIREMENTS OF DIVISION (B) OF THIS SECTION, OR ANY RIGHT OF A    3,333        

FINANCIAL INSTITUTION OF THAT NATURE TO COMMENCE A CIVIL ACTION    3,334        

IN ANY APPROPRIATE COURT IN THIS OR ANOTHER STATE TO OBTAIN A      3,335        

DEFICIENCY JUDGMENT AGAINST THE DEBTOR.                                         

      (4)  FOLLOWING THE SALE UNDER DIVISION (B)(7) OF THIS        3,337        

SECTION OF ANY PROPERTY THAT IS REQUIRED TO BE TITLED OR           3,338        

REGISTERED UNDER THE LAW OF THIS STATE, THE PROSECUTING ATTORNEY   3,339        

RESPONSIBLE FOR THE DISPOSITION OF THE PROPERTY SHALL CAUSE THE    3,340        

STATE TO ISSUE AN APPROPRIATE CERTIFICATE OF TITLE OR              3,341        

REGISTRATION TO THE PURCHASER OF THE PROPERTY.  IF, IN A           3,343        

DISPOSITION OF PROPERTY PURSUANT TO DIVISION (B) OF THIS SECTION,  3,344        

THE STATE OR A POLITICAL SUBDIVISION IS GIVEN ANY PROPERTY THAT    3,345        

IS REQUIRED TO BE TITLED OR REGISTERED UNDER THE LAW OF THIS       3,346        

STATE, THE PROSECUTING ATTORNEY RESPONSIBLE FOR THE DISPOSITION    3,347        

OF THE PROPERTY SHALL CAUSE THE STATE TO ISSUE AN APPROPRIATE      3,348        

CERTIFICATE OF TITLE OR REGISTRATION TO ITSELF OR TO THE           3,349        

POLITICAL SUBDIVISION.                                                          

      (D)  PROPERTY THAT HAS BEEN FORFEITED TO THE STATE PURSUANT  3,351        

TO AN ORDER OF CRIMINAL FORFEITURE UNDER SECTION 2923.44 OF THE    3,352        

REVISED CODE OR AN ORDER OF CIVIL FORFEITURE UNDER SECTION         3,353        

2923.45 OF THE REVISED CODE SHALL NOT BE AVAILABLE FOR USE TO PAY  3,354        

ANY FINE IMPOSED UPON A PERSON WHO IS CONVICTED OF OR PLEADS       3,355        

GUILTY TO A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR    3,356        

UPON A JUVENILE WHO IS FOUND BY A JUVENILE COURT TO BE A           3,357        

DELINQUENT CHILD FOR AN ACT THAT IS A VIOLATION OF SECTION         3,358        

2923.42 OF THE REVISED CODE.                                                    

      (E)  SECTIONS 2923.44 TO 2923.47 OF THE REVISED CODE DO NOT  3,360        

PROHIBIT A LAW ENFORCEMENT OFFICER FROM SEEKING THE FORFEITURE OF  3,361        

CONTRABAND ASSOCIATED WITH A VIOLATION OF SECTION 2923.42 OF THE   3,362        

REVISED CODE PURSUANT TO SECTION 2933.43 OF THE REVISED CODE.      3,363        

      Sec. 2923.47.  (A)  ANY PERSON WHO IS AGGRIEVED BY AN        3,365        

ALLEGED UNLAWFUL SEIZURE OF PROPERTY THAT POTENTIALLY IS SUBJECT   3,366        

TO FORFEITURE UNDER SECTION 2923.44 OR 2923.45 OF THE REVISED      3,367        

CODE MAY FILE A MOTION AS DESCRIBED IN DIVISION (B) OF THIS        3,368        

                                                          84     

                                                                 
SECTION WITH WHICHEVER OF THE FOLLOWING COURTS IS APPROPRIATE      3,369        

UNDER THE CIRCUMSTANCES, WITHIN THE TIME DESCRIBED IN DIVISION     3,371        

(C) OF THIS SECTION:                                                            

      (1)  THE COURT OF COMMON PLEAS IN WHICH A CRIMINAL           3,373        

PROSECUTION FOR A VIOLATION OF SECTION 2923.42 OF THE REVISED      3,374        

CODE IS PENDING;                                                                

      (2)  THE JUVENILE COURT IN WHICH A DELINQUENT CHILD ACTION   3,376        

FOR AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED   3,377        

CODE IS PENDING;                                                                

      (3)  THE COURT OF COMMON PLEAS IN WHICH A CIVIL ACTION AS    3,379        

DESCRIBED IN DIVISION (E) OF SECTION 2923.45 OF THE REVISED CODE   3,380        

IS PENDING;                                                                     

      (4)  THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE    3,382        

PROPERTY WAS SEIZED.                                               3,383        

      (B)  A MOTION FILED PURSUANT TO DIVISION (A) OF THIS         3,385        

SECTION SHALL SPECIFY THAT THE SEIZURE OF SPECIFIED PROPERTY WAS   3,387        

UNLAWFUL, STATE THE REASONS WHY THE MOVANT BELIEVES THE SEIZURE    3,388        

WAS UNLAWFUL, STATE THAT THE MOVANT IS LAWFULLY ENTITLED TO        3,389        

POSSESSION OF THE SEIZED PROPERTY, AND REQUEST THE COURT OF        3,390        

COMMON PLEAS OR THE JUVENILE COURT TO ISSUE AN ORDER THAT                       

MANDATES THE LAW ENFORCEMENT AGENCY HAVING CUSTODY OF THE SEIZED   3,392        

PROPERTY TO RETURN IT TO THE MOVANT.  FOR PURPOSES OF THIS         3,393        

DIVISION, AN UNLAWFUL SEIZURE OF PROPERTY INCLUDES, BUT IS NOT     3,394        

LIMITED TO, A SEIZURE IN VIOLATION OF THE FOURTH AMENDMENT TO THE  3,395        

CONSTITUTION OF THE UNITED STATES OR OF SECTION 14 OF ARTICLE I,   3,397        

OHIO CONSTITUTION, AND A SEIZURE PURSUANT TO SECTIONS 2923.44 TO   3,398        

2923.46 OF THE REVISED CODE OF PROPERTY OTHER THAN POTENTIALLY     3,399        

FORFEITABLE PROPERTY AS DESCRIBED IN DIVISION (A)(1) OF SECTION    3,400        

2923.44 OR DIVISION (A) OF SECTION 2923.45 OF THE REVISED CODE.    3,401        

      (C)(1)  IF A MOTION AS DESCRIBED IN DIVISION (A) OF THIS     3,403        

SECTION IS FILED PRIOR TO THE ENTRY OF AN ORDER OF FORFEITURE      3,404        

UNDER SECTION 2923.44 OR 2923.45 OF THE REVISED CODE, THE COURT    3,405        

OF COMMON PLEAS OR THE JUVENILE COURT PROMPTLY SHALL SCHEDULE A    3,406        

HEARING ON THE MOTION AND CAUSE NOTICE OF THE DATE AND TIME OF     3,408        

                                                          85     

                                                                 
THE HEARING TO BE GIVEN TO THE MOVANT AND THE PROSECUTING          3,409        

ATTORNEY OF THE COUNTY IN WHICH THE PROPERTY WAS SEIZED.  AT THE   3,410        

HEARING, THE MOVANT AND THE PROSECUTING ATTORNEY MAY PRESENT       3,411        

WITNESSES AND EVIDENCE RELATIVE TO THE ISSUES OF WHETHER THE       3,412        

PROPERTY IN QUESTION WAS UNLAWFULLY SEIZED AND WHETHER THE MOVANT  3,413        

IS LAWFULLY ENTITLED TO POSSESSION OF THE PROPERTY.  IF, AFTER     3,414        

THE HEARING, THE COURT OF COMMON PLEAS OR THE JUVENILE COURT       3,415        

DETERMINES THAT THE MOVANT HAS ESTABLISHED, BY A PREPONDERANCE OF  3,416        

THE EVIDENCE, THAT THE PROPERTY IN QUESTION WAS UNLAWFULLY SEIZED  3,417        

AND THAT THE MOVANT IS LAWFULLY ENTITLED TO POSSESSION OF IT, THE  3,418        

COURT SHALL ISSUE AN ORDER THAT REQUIRES THE LAW ENFORCEMENT       3,419        

AGENCY HAVING CUSTODY OF THE SEIZED PROPERTY TO RETURN IT TO THE   3,420        

MOVANT.                                                            3,421        

      (2)(a)  IF A MOTION IS FILED IN ACCORDANCE WITH DIVISION     3,424        

(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   3,425        

SECTION 2923.42 OF THE REVISED CODE OR A DELINQUENT CHILD ACTION   3,426        

FOR AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED   3,427        

CODE HAS BEEN COMMENCED BY THE FILING OF AN INDICTMENT,            3,428        

INFORMATION, OR COMPLAINT, THEN THE COURT OF COMMON PLEAS OR THE   3,429        

JUVENILE COURT SHALL TREAT THE MOTION AS A MOTION TO SUPPRESS      3,431        

EVIDENCE.                                                                       

      (b)  IF AN ORDER TO RETURN SEIZED PROPERTY IS ISSUED         3,433        

PURSUANT TO DIVISION (C)(1) OF THIS SECTION, THE RETURNED          3,434        

PROPERTY SHALL NOT BE ADMISSIBLE IN EVIDENCE IN ANY PENDING OR     3,435        

SUBSEQUENTLY COMMENCED CRIMINAL PROSECUTION FOR A VIOLATION OF     3,436        

SECTION 2923.42 OF THE REVISED CODE IF THE PROSECUTION AROSE OR    3,437        

ARISES OUT OF THE UNLAWFUL SEIZURE OF THE PROPERTY, OR IN ANY      3,438        

PENDING OR SUBSEQUENTLY COMMENCED DELINQUENT CHILD ACTION FOR AN   3,439        

ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE IF  3,440        

THE ACTION AROSE OR ARISES OUT OF THE UNLAWFUL SEIZURE OF THE      3,441        

PROPERTY.                                                          3,442        

      Sec. 2929.14.  (A)  Except as provided in division (C),      3,452        

(D)(2), (D)(3), (D)(4), or (G) of this section and except in       3,453        

                                                          86     

                                                                 
relation to an offense for which a sentence of death or life       3,454        

imprisonment is to be imposed, if the court imposing a sentence    3,455        

upon an offender for a felony elects or is required to impose a    3,456        

prison term on the offender pursuant to this chapter and is not    3,457        

prohibited by division (G)(1) of section 2929.13 of the Revised    3,458        

Code from imposing a prison term on the offender, the court shall               

impose a definite prison term that shall be one of the following:  3,460        

      (1)  For a felony of the first degree, the prison term       3,462        

shall be three, four, five, six, seven, eight, nine, or ten        3,463        

years.                                                             3,464        

      (2)  For a felony of the second degree, the prison term      3,466        

shall be two, three, four, five, six, seven, or eight years.       3,467        

      (3)  For a felony of the third degree, the prison term       3,469        

shall be one, two, three, four, or five years.                     3,470        

      (4)  For a felony of the fourth degree, the prison term      3,472        

shall be six, seven, eight, nine, ten, eleven, twelve, thirteen,   3,473        

fourteen, fifteen, sixteen, seventeen, or eighteen months.         3,474        

      (5)  For a felony of the fifth degree, the prison term       3,476        

shall be six, seven, eight, nine, ten, eleven, or twelve months.   3,478        

      (B)  Except as provided in division (C), (D)(2), (D)(3), or  3,481        

(G) of this section or in Chapter 2925. of the Revised Code, if    3,482        

the court imposing a sentence upon an offender for a felony        3,483        

elects or is required to impose a prison term on the offender and  3,484        

if the offender previously has not served a prison term, the       3,485        

court shall impose the shortest prison term authorized for the     3,486        

offense pursuant to division (A) of this section, unless the       3,487        

court finds on the record that the shortest prison term will       3,488        

demean the seriousness of the offender's conduct or will not       3,489        

adequately protect the public from future crime by the offender    3,490        

or others.                                                         3,491        

      (C)  Except as provided in division (G) of this section or   3,493        

in Chapter 2925. of the Revised Code, the court imposing a         3,494        

sentence upon an offender for a felony may impose the longest      3,495        

prison term authorized for the offense pursuant to division (A)    3,496        

                                                          87     

                                                                 
of this section only upon offenders who committed the worst forms  3,497        

of the offense, upon offenders who pose the greatest likelihood    3,498        

of committing future crimes, upon certain major drug offenders     3,499        

under division (D)(3) of this section, and upon certain repeat     3,500        

violent offenders in accordance with division (D)(2) of this       3,502        

section.                                                                        

      (D)(1)(a)(i)  Except as provided in division (D)(1)(b) of    3,504        

this section, if an offender who is convicted of or pleads guilty  3,505        

to a felony also is convicted of or pleads guilty to a             3,506        

specification of the type described in section 2941.144 of the     3,507        

Revised Code that charges the offender with having a firearm that  3,509        

is an automatic firearm or that was equipped with a firearm        3,510        

muffler or silencer on or about the offender's person or under     3,512        

the offender's control while committing the felony, a                           

specification of the type described in section 2941.145 of the     3,513        

Revised Code that charges the offender with having a firearm on    3,514        

or about the offender's person or under the offender's control     3,515        

while committing the offense and displaying the firearm,           3,517        

brandishing the firearm, indicating that the offender possessed    3,518        

the firearm, or using it to facilitate the offense, or a           3,520        

specification of the type described in section 2941.141 of the                  

Revised Code that charges the offender with having a firearm on    3,522        

or about the offender's person or under the offender's control     3,523        

while committing the felony, the court, after imposing a prison    3,524        

term on the offender for the felony under division (A), (D)(2),    3,526        

or (D)(3) of this section, shall impose an additional prison       3,527        

term, determined pursuant to this division, that shall not be      3,528        

reduced pursuant to section 2929.20, section 2967.193, or any      3,529        

other provision of Chapter 2967. or Chapter 5120. of the Revised   3,530        

Code.  If the specification is of the type described in section    3,532        

2941.144 of the Revised Code, the additional prison term shall be  3,533        

six years.  If the specification is of the type described in       3,535        

section 2941.145 of the Revised Code, the additional prison term   3,537        

shall be three years.  If the specification is of the type         3,538        

                                                          88     

                                                                 
described in section 2941.141 of the Revised Code, the additional               

prison term shall be one year.  A court shall not impose more      3,540        

than one additional prison term on an offender under this          3,541        

division for felonies committed as part of the same act or         3,542        

transaction.  If a court imposes an additional prison term under   3,543        

division (D)(1)(a)(ii) of this section, the court is not                        

precluded from imposing an additional prison term under this       3,544        

division.                                                                       

      (ii)  Except as provided in division (D)(1)(b) of this       3,547        

section, if an offender who is convicted of or pleads guilty to a  3,548        

violation of section 2923.161 of the Revised Code or to a felony   3,550        

that includes, as an essential element, purposely or knowingly     3,551        

causing or attempting to cause the death of or physical harm to    3,552        

another, also is convicted of or pleads guilty to a specification  3,553        

of the type described in section 2941.146 of the Revised Code      3,556        

that charges the offender with committing the offense by           3,557        

discharging a firearm from a motor vehicle, as defined in section  3,558        

4501.01 of the Revised Code, other than a manufactured home, as    3,561        

defined in section 4501.01 of the Revised Code, the court, after   3,563        

imposing a prison term on the offender for the violation of        3,564        

section 2923.161 of the Revised Code or for the other felony       3,566        

offense under division (A), (D)(2), or (D)(3) of this section,     3,567        

shall impose an additional prison term of five years upon the      3,568        

offender that shall not be reduced pursuant to section 2929.20,    3,569        

section 2967.193, or any other provision of Chapter 2967. or       3,570        

Chapter 5120. of the Revised Code.  A court shall not impose more  3,572        

than one additional prison term on an offender under this                       

division for felonies committed as part of the same act or         3,574        

transaction.  If a court imposes an additional prison term on an                

offender under this division relative to an offense, the court     3,575        

also shall impose an additional prison term under division         3,576        

(D)(1)(a)(i) of this section relative to the same offense,         3,577        

provided the criteria specified in that division for imposing an   3,578        

additional prison term are satisfied relative to the offender and  3,579        

                                                          89     

                                                                 
the offense.                                                                    

      (b)  The court shall not impose any of the additional        3,581        

prison terms described in division (D)(1)(a) of this section upon  3,584        

an offender for a violation of section 2923.12 of the Revised      3,585        

Code.  The court shall not impose any of the additional prison     3,586        

terms described in that division upon an offender for a violation  3,587        

of section 2923.13 of the Revised Code unless all of the           3,588        

following apply:                                                                

      (i)  The offender previously has been convicted of           3,591        

aggravated murder, murder, or any felony of the first or second    3,592        

degree.                                                                         

      (ii)  Less than five years have passed since the offender    3,595        

was released from prison or post-release control, whichever is     3,596        

later, for the prior offense.                                                   

      (2)(a)  If an offender who is convicted of or pleads guilty  3,599        

to a felony also is convicted of or pleads guilty to a             3,600        

specification of the type described in section 2941.149 of the     3,601        

Revised Code that the offender is a repeat violent offender, the   3,603        

court shall impose a prison term from the range of terms           3,604        

authorized for the offense under division (A) of this section      3,605        

that may be the longest term in the range and that shall not be    3,606        

reduced pursuant to section 2929.20, section 2967.193, or any      3,608        

other provision of Chapter 2967. or Chapter 5120. of the Revised   3,609        

Code.  If the court finds that the repeat violent offender, in     3,611        

committing the offense, caused any physical harm that carried a    3,612        

substantial risk of death to a person or that involved             3,613        

substantial permanent incapacity or substantial permanent          3,614        

disfigurement of a person, the court shall impose the longest      3,615        

prison term from the range of terms authorized for the offense     3,617        

under division (A) of this section.                                             

      (b)  If the court imposing a prison term on a repeat         3,620        

violent offender imposes the longest prison term from the range    3,621        

of terms authorized for the offense under division (A) of this     3,622        

section, the court may impose on the offender an additional        3,623        

                                                          90     

                                                                 
definite prison term of one, two, three, four, five, six, seven,   3,624        

eight, nine, or ten years if the court finds that both of the      3,625        

following apply with respect to the prison terms imposed on the    3,626        

offender pursuant to division (D)(2)(a) of this section and, if    3,627        

applicable, divisions (D)(1) and (3) of this section:              3,628        

      (i)  The terms so imposed are inadequate to punish the       3,631        

offender and protect the public from future crime, because the     3,632        

applicable factors under section 2929.12 of the Revised Code       3,635        

indicating a greater likelihood of recidivism outweigh the         3,637        

applicable factors under that section indicating a lesser                       

likelihood of recidivism.                                          3,638        

      (ii)  The terms so imposed are demeaning to the seriousness  3,641        

of the offense, because one or more of the factors under section   3,642        

2929.12 of the Revised Code indicating that the offender's         3,643        

conduct is more serious than conduct normally constituting the     3,644        

offense are present, and they outweigh the applicable factors      3,645        

under that section indicating that the offender's conduct is less  3,647        

serious than conduct normally constituting the offense.                         

      (3)(a)  Except when an offender commits a violation of       3,650        

section 2903.01 or 2907.02 of the Revised Code and the penalty     3,651        

imposed for the violation is life imprisonment or commits a        3,652        

violation of section 2903.02 of the Revised Code, if the offender  3,653        

commits a violation of section 2925.03, 2925.04, or 2925.11 of     3,654        

the Revised Code and that section requires the imposition of a     3,656        

ten-year prison term on the offender or if a court imposing a      3,657        

sentence upon an offender for a felony finds that the offender is  3,658        

guilty of a specification of the type described in section         3,659        

2941.1410 of the Revised Code, that the offender is a major drug   3,660        

offender, is guilty of corrupt activity with the most serious      3,661        

offense in the pattern of corrupt activity being a felony of the   3,662        

first degree, or is guilty of an attempted forcible violation of   3,663        

section 2907.02 of the Revised Code with the victim being under    3,664        

thirteen years of age and that attempted violation is the felony   3,665        

for which sentence is being imposed, the court shall impose upon   3,666        

                                                          91     

                                                                 
the offender for the felony violation a ten-year prison term that  3,667        

cannot be reduced pursuant to section 2929.20 or Chapter 2967. or  3,669        

5120. of the Revised Code.                                                      

      (b)  The court imposing a prison term on an offender under   3,672        

division (D)(3)(a) of this section may impose an additional        3,673        

prison term of one, two, three, four, five, six, seven, eight,     3,674        

nine, or ten years, if the court, with respect to the term         3,675        

imposed under division (D)(3)(a) of this section and, if           3,676        

applicable, divisions (D)(1) and (2) of this section, makes both   3,678        

of the findings set forth in divisions (D)(2)(b)(i) and (ii) of    3,679        

this section.                                                                   

      (4)  If the offender is being sentenced for a fourth degree  3,681        

felony OMVI offense and if division (G)(2) of section 2929.13 of   3,683        

the Revised Code requires the sentencing court to impose upon the  3,684        

offender a mandatory prison term, the sentencing court shall       3,685        

impose upon the offender a mandatory prison term in accordance     3,686        

with that division.  In addition to the mandatory prison term,                  

the sentencing court may sentence the offender to an additional    3,687        

prison term of any duration specified in division (A)(4) of this   3,688        

section minus the sixty days imposed upon the offender as the      3,689        

mandatory prison term.  The total of the additional prison term    3,690        

imposed under division (D)(4) of this section plus the sixty days  3,691        

imposed as the mandatory prison term shall equal one of the        3,692        

authorized prison terms specified in division (A)(4) of this                    

section.  If the court imposes an additional prison term under     3,693        

division (D)(4) of this section, the offender shall serve the      3,694        

additional prison term after the offender has served the           3,695        

mandatory prison term required for the offense.  The court shall   3,696        

not sentence the offender to a community control sanction under                 

section 2929.16 or 2929.17 of the Revised Code.                    3,697        

      (E)(1)  If a mandatory prison term is imposed upon an        3,700        

offender pursuant to division (D)(1)(a) of this section for        3,701        

having a firearm on or about the offender's person or under the                 

offender's control while committing a felony or if a mandatory     3,703        

                                                          92     

                                                                 
prison term is imposed upon an offender pursuant to division       3,704        

(D)(1)(b) of this section for committing a felony specified in     3,705        

that division by discharging a firearm from a motor vehicle, the   3,706        

offender shall serve the mandatory prison term consecutively to    3,707        

and prior to the prison term imposed for the underlying felony     3,708        

pursuant to division (A), (D)(2), or (D)(3) of this section or     3,709        

any other section of the Revised Code and consecutively to any     3,710        

other prison term or mandatory prison term previously or           3,712        

subsequently imposed upon the offender.                            3,713        

      (2)  If an offender who is an inmate in a jail, prison, or   3,716        

other residential detention facility violates section 2917.02,                  

2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender   3,718        

who is under detention at a detention facility commits a felony                 

violation of section 2923.131 of the Revised Code, or if an        3,719        

offender who is an inmate in a jail, prison, or other residential  3,720        

detention facility or is under detention at a detention facility   3,721        

commits another felony while the offender is an escapee in         3,723        

violation of section 2921.34 of the Revised Code, any prison term  3,725        

imposed upon the offender for one of those violations shall be     3,726        

served by the offender consecutively to the prison term or term                 

of imprisonment the offender was serving when the offender         3,728        

committed that offense and to any other prison term previously or  3,729        

subsequently imposed upon the offender.  As used in this                        

division, "detention" and "detention facility" have the same       3,730        

meanings as in section 2921.01 of the Revised Code.                3,731        

      (3)  If a prison term is imposed for a violation of          3,733        

division (B) of section 2911.01 of the Revised Code, the offender  3,735        

shall serve that prison term consecutively to any other prison     3,736        

term.                                                                           

      (4)  If multiple prison terms are imposed on an offender     3,738        

for convictions of multiple offenses, the court may require the    3,739        

offender to serve the prison terms consecutively if the court      3,740        

finds that the consecutive service is necessary to protect the     3,741        

public from future crime or to punish the offender and that        3,742        

                                                          93     

                                                                 
consecutive sentences are not disproportionate to the seriousness  3,743        

of the offender's conduct and to the danger the offender poses to  3,745        

the public, and if the court also finds any of the following:      3,746        

      (a)  The offender committed the multiple offenses while the  3,749        

offender was awaiting trial or sentencing, was under a sanction    3,750        

imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the    3,751        

Revised Code, or was under post-release control for a prior        3,752        

offense.                                                                        

      (b)  The harm caused by the multiple offenses was so great   3,755        

or unusual that no single prison term for any of the offenses      3,756        

committed as part of a single course of conduct adequately         3,757        

reflects the seriousness of the offender's conduct.                             

      (c)  The offender's history of criminal conduct              3,759        

demonstrates that consecutive sentences are necessary to protect   3,760        

the public from future crime by the offender.                      3,761        

      (5)  When consecutive prison terms are imposed pursuant to   3,764        

division (E)(1), (2), (3), or (4) of this section, the term to be  3,765        

served is the aggregate of all of the terms so imposed.            3,766        

      (F)  If a court imposes a prison term of a type described    3,769        

in division (B) of section 2967.28 of the Revised Code, it shall   3,770        

include in the sentence a requirement that the offender be         3,771        

subject to a period of post-release control after the offender's   3,772        

release from imprisonment, in accordance with that division.  If   3,773        

a court imposes a prison term of a type described in division (C)  3,774        

of that section, it shall include in the sentence a requirement    3,775        

that the offender be subject to a period of post-release control   3,776        

after the offender's release from imprisonment, in accordance      3,777        

with that division, if the parole board determines that a period   3,778        

of post-release control is necessary.                              3,779        

      (G)  If a person is convicted of or pleads guilty to a       3,781        

sexually violent offense and also is convicted of or pleads        3,782        

guilty to a sexually violent predator specification that was       3,783        

included in the indictment, count in the indictment, or            3,784        

information charging that offense, the court shall impose                       

                                                          94     

                                                                 
sentence upon the offender in accordance with section 2971.03 of   3,785        

the Revised Code, and Chapter 2971. of the Revised Code applies    3,786        

regarding the prison term or term of life imprisonment without     3,787        

parole imposed upon the offender and the service of that term of   3,788        

imprisonment.                                                                   

      (H)  IF AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY TO  3,790        

A FELONY THAT IS AN OFFENSE OF VIOLENCE ALSO IS CONVICTED OF OR    3,792        

PLEADS GUILTY TO A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION  3,793        

2941.142 OF THE REVISED CODE THAT CHARGES THE OFFENDER WITH        3,794        

HAVING COMMITTED THE FELONY WHILE PARTICIPATING IN A CRIMINAL      3,795        

GANG, THE COURT SHALL IMPOSE UPON THE OFFENDER AN ADDITIONAL       3,797        

PRISON TERM OF ONE, TWO, OR THREE YEARS.                                        

      Sec. 2933.41.  (A)(1)  Any property, other than contraband   3,803        

that is subject to the provisions of section 2913.34 or 2933.43    3,805        

of the Revised Code, other than property that is subject to        3,806        

section 3719.141 of the Revised Code, other than property that is  3,807        

forfeited under sections 2923.44 TO 2923.47 OR 2925.41 to 2925.45  3,809        

of the Revised Code, other than a vehicle that is criminally       3,810        

forfeited under an order issued under section 4503.233 or          3,811        

4503.234 of the Revised Code and that is to be disposed of under   3,812        

section 4503.234 of the Revised Code, other than property that     3,813        

has been lawfully seized under sections 2933.71 to 2933.75 of the  3,814        

Revised Code in relation to a medicaid fraud offense, and other    3,815        

than property that has been lawfully seized in relation to a       3,816        

violation of section 2923.32 of the Revised Code, that has been    3,817        

lost, abandoned, stolen, seized pursuant to a search warrant, or   3,818        

otherwise lawfully seized or forfeited, and that is in the         3,819        

custody of a law enforcement agency shall be kept safely pending   3,820        

the time it no longer is needed as evidence and shall be disposed  3,821        

of pursuant to this section.  Each law enforcement agency that     3,822        

has custody of any property that is subject to this section shall  3,823        

adopt a written internal control policy that addresses the         3,824        

keeping of detailed records as to the amount of property taken in  3,825        

by the agency, that addresses the agency's disposition of the      3,826        

                                                          95     

                                                                 
property under this section, that provides for the keeping of      3,827        

detailed records of the disposition of the property, and that      3,828        

provides for the keeping of detailed financial records of the      3,829        

amount and disposition of any proceeds of a sale of the property   3,830        

under division (D)(8) of this section and of the general types of  3,831        

expenditures made out of the proceeds retained by the agency and   3,832        

the specific amount expended on each general type of expenditure.  3,833        

The policy shall not provide for or permit the identification of   3,834        

any specific expenditure that is made in an ongoing                3,835        

investigation.  The policy is a public record open for inspection  3,836        

under section 149.43 of the Revised Code.                          3,837        

      (2)(a)  Every law enforcement agency that has any lost,      3,839        

abandoned, stolen, seized, or forfeited property as described in   3,840        

division (A)(1) of this section in its custody shall comply with   3,841        

its written internal control policy adopted under that division    3,842        

relative to the property.  Each agency that has any property of    3,844        

that nature in its custody, except for property to be disposed of  3,845        

under division (D)(4) of this section, shall maintain an accurate  3,846        

record, in accordance with its written internal control policy,    3,847        

of each item of the property.  The record shall include the date   3,848        

on which each item of property came into the agency's custody,     3,849        

the manner in which it was disposed of, the date of its            3,850        

disposition, the name of the person who received the property if   3,851        

it was not destroyed, and all other information required by the    3,852        

agency's written internal control policy; however, the record      3,853        

shall not identify or enable the identification of the individual  3,854        

officer who seized any item of property.  The record of any        3,855        

property that no longer is needed as evidence, and all financial   3,856        

records of the amount and disposition of any proceeds of a sale    3,857        

under division (D)(8) of this section and of the general types of  3,858        

expenditures made out of the proceeds retained by the agency and   3,859        

the specific amount of each general type of expenditure, shall be  3,860        

open to public inspection during the agency's regular business     3,861        

hours.                                                             3,862        

                                                          96     

                                                                 
      Each law enforcement agency that, during any calendar year,  3,864        

has any seized or forfeited property as described in division      3,865        

(A)(1) of this section in its custody shall prepare a report       3,866        

covering the calendar year that cumulates all of the information   3,867        

contained in all of the records kept by the agency pursuant to     3,868        

this division for that calendar year and shall send a copy of the  3,870        

cumulative report, no later than the first day of March in the     3,871        

calendar year following the calendar year covered by the report,   3,872        

to the attorney general.  Each report received by the attorney     3,873        

general is a public record open for inspection under section       3,874        

149.43 of the Revised Code.  The attorney general shall make       3,875        

copies of each report received and, no later than the fifteenth    3,876        

day of April in the calendar year in which the report is           3,877        

received, shall send a copy of it to the president of the senate   3,878        

and the speaker of the house of representatives.                                

      (b)  Each law enforcement agency that receives in any        3,880        

calendar year any proceeds of a sale under division (D)(8) of      3,881        

this section shall prepare a report covering the calendar year     3,882        

that cumulates all of the information contained in all of the      3,883        

public financial records kept by the agency pursuant to division   3,884        

(D)(2)(a) of this section for that calendar year and shall send a  3,886        

copy of the cumulative report, no later than the first day of                   

March in the calendar year following the calendar year covered by  3,887        

the report, to the attorney general.  Each report received by the  3,888        

attorney general is a public record open for inspection under      3,889        

section 149.43 of the Revised Code.  The attorney general shall    3,890        

make copies of each report received and, no later than the         3,891        

fifteenth day of April in the calendar year in which the report    3,892        

is received, shall send a copy of it to the president of the       3,893        

senate and the speaker of the house of representatives.            3,894        

      (B)  A law enforcement agency that has property in its       3,896        

possession that is required to be disposed of pursuant to this     3,897        

section shall make a reasonable effort to locate the persons       3,898        

entitled to possession of the property in its custody, to notify   3,899        

                                                          97     

                                                                 
them of when and where it may be claimed, and to return the        3,900        

property to them at the earliest possible time.  In the absence    3,901        

of evidence identifying persons entitled to possession, it is      3,902        

sufficient notice to advertise in a newspaper of general           3,903        

circulation in the county, briefly describing the nature of the    3,904        

property in custody and inviting persons to view and establish     3,905        

their right to it.                                                 3,906        

      (C)  A person loses any right that the person may have to    3,908        

the possession, or the possession and ownership, of property if    3,909        

any of the following applies:                                      3,910        

      (1)  The property was the subject, or was used in a          3,912        

conspiracy or attempt to commit, or in the commission, of an       3,913        

offense other than a traffic offense, and the person is a          3,914        

conspirator, accomplice, or offender with respect to the offense.  3,915        

      (2)  A court determines that the property should be          3,917        

forfeited because, in light of the nature of the property or the   3,918        

circumstances of the person, it is unlawful for the person to      3,919        

acquire or possess the property.                                   3,920        

      (D)  Unclaimed or forfeited property in the custody of a     3,922        

law enforcement agency, other than contraband that is subject to   3,923        

the provisions of section 2913.34 or 2933.43 of the Revised Code,  3,925        

other than property forfeited under sections 2923.44 TO 2923.47    3,926        

OR 2925.41 to 2925.45 of the Revised Code, and other than          3,928        

property that has been lawfully seized in relation to a violation  3,929        

of section 2923.32 of the Revised Code, shall be disposed of on    3,930        

application to and order of any court of record that has           3,931        

territorial jurisdiction over the political subdivision in which   3,932        

the law enforcement agency has jurisdiction to engage in law       3,933        

enforcement activities, as follows:                                             

      (1)  Drugs shall be disposed of pursuant to section 3719.11  3,935        

of the Revised Code or placed in the custody of the secretary of   3,936        

the treasury of the United States for disposal or use for medical  3,937        

or scientific purposes under applicable federal law.               3,938        

      (2)  Firearms and dangerous ordnance suitable for police     3,940        

                                                          98     

                                                                 
work may be given to a law enforcement agency for that purpose.    3,941        

Firearms suitable for sporting use or as museum pieces or          3,942        

collectors' items may be sold at public auction pursuant to        3,943        

division (D)(8) of this section.  Other firearms and dangerous     3,944        

ordnance shall be destroyed by the agency or shall be sent to the  3,945        

bureau of criminal identification and investigation for            3,946        

destruction by the bureau.                                         3,947        

      (3)  Obscene materials shall be destroyed.                   3,949        

      (4)  Beer, intoxicating liquor, or alcohol seized from a     3,951        

person who is not the holder of a permit issued under Chapters     3,952        

4301. and 4303. of the Revised Code or is an offender and          3,953        

forfeited to the state under section 4301.45 or 4301.53 of the     3,954        

Revised Code shall be sold by the division of liquor control, if   3,956        

the division determines that the beer, intoxicating liquor, or     3,957        

alcohol is fit for sale.  If any tax imposed under Title XLIII of  3,958        

the Revised Code has not been paid in relation to the beer,                     

intoxicating liquor, or alcohol, the proceeds of the sale shall    3,959        

first be used to pay the tax.  All other money collected under     3,960        

division (D)(4) of this section shall be paid into the state       3,961        

treasury.  Any such beer, intoxicating liquor, or alcohol that     3,962        

the division determines to be unfit for sale shall be destroyed.   3,964        

      (5)  Money received by an inmate of a correctional           3,966        

institution from an unauthorized source or in an unauthorized      3,967        

manner shall be returned to the sender, if known, or deposited in  3,968        

the inmates' industrial and entertainment fund if the sender is    3,969        

not known.                                                         3,970        

      (6)  Vehicles and vehicle parts forfeited under sections     3,972        

4549.61 to 4549.63 of the Revised Code may be given to a law       3,973        

enforcement agency for use in the performance of its duties.       3,974        

Those parts may be incorporated into any other official vehicle.   3,975        

Parts that do not bear vehicle identification numbers or           3,976        

derivatives of them may be sold or disposed of as provided by      3,977        

rules of the director of public safety.  Parts from which a        3,978        

vehicle identification number or derivative of it has been         3,979        

                                                          99     

                                                                 
removed, defaced, covered, altered, or destroyed and that are not  3,980        

suitable for police work or incorporation into an official         3,981        

vehicle shall be destroyed and sold as junk or scrap.              3,982        

      (7)(a)  Computers, computer networks, computer systems, and  3,984        

computer software suitable for police work may be given to a law   3,985        

enforcement agency for that purpose.  Other computers, computer    3,986        

networks, computer systems, and computer software shall be         3,987        

disposed of pursuant to division (D)(8) of this section.           3,988        

      (b)  As used in this section, "computers," "computer         3,990        

networks," "computer systems," and "computer software" have the    3,991        

same meanings as in section 2913.01 of the Revised Code.           3,992        

      (8)  Other unclaimed or forfeited property, with the         3,994        

approval of the court, may be used by the law enforcement agency   3,995        

that has possession of it.  If the other unclaimed or forfeited    3,996        

property is not used by the law enforcement agency, it may be      3,997        

sold, without appraisal, at a public auction to the highest        3,998        

bidder for cash, or, in the case of other unclaimed or forfeited   3,999        

moneys, disposed of in another manner that the court considers     4,000        

proper in the circumstances.                                       4,001        

      (E)(1)(a)  If the property was in the possession of the law  4,004        

enforcement agency in relation to a delinquent child proceeding    4,005        

in a juvenile court, ten per cent of the proceeds from property    4,006        

disposed of pursuant to this section shall be applied to one or    4,007        

more alcohol and drug addiction treatment programs that are        4,008        

certified by the department of alcohol and drug addiction                       

services under section 3793.06 of the Revised Code and that are    4,010        

specified by the court in its order issued under division (D) of   4,011        

this section.  A juvenile court shall not specify an alcohol or    4,013        

drug addiction treatment program in the order unless the program   4,015        

is a certified alcohol and drug addiction treatment program and,   4,016        

except as provided in division (E)(1)(a) of this section, unless   4,017        

the program is located in the county in which the court that       4,019        

issues the orders is located or in a contiguous county.  If no     4,020        

certified alcohol and drug addiction treatment program is located  4,021        

                                                          100    

                                                                 
in any of those counties, the juvenile court may specify in the                 

order a certified alcohol and drug addiction treatment program     4,024        

located anywhere within this state.  The remaining ninety per      4,025        

cent of the proceeds shall be applied as provided in divisions     4,026        

(E)(1)(b) of this section.                                         4,027        

      If the property was in the possession of the law             4,029        

enforcement agency other than in relation to a delinquent child    4,030        

proceeding in a juvenile court, all of the proceeds from property  4,031        

disposed of pursuant to this section shall be applied as provided  4,032        

in division (E)(1)(b) of this section.                             4,033        

      (b)  Except as provided in divisions (D)(4), (5), and        4,035        

(E)(2) of this section and after compliance with division          4,036        

(E)(1)(a) of this section when that division is applicable, the    4,038        

proceeds from property disposed of pursuant to this section shall  4,040        

be placed in the general fund of the state, the county, the        4,041        

township, or the municipal corporation, of which the law           4,042        

enforcement agency involved is an agency.                          4,043        

      (2)  Each board of county commissioners that recognizes a    4,045        

citizens' reward program as provided in section 9.92 of the        4,046        

Revised Code shall notify each law enforcement agency of that      4,047        

county and each law enforcement agency of a township or municipal  4,048        

corporation wholly located in that county of the official          4,049        

recognition of the citizens' reward program by filing a copy of    4,050        

its resolution conferring that recognition with each of those law  4,052        

enforcement agencies.  When the board of county commissioners of   4,053        

a county recognizes a citizens' reward program and the county      4,054        

includes a part, but not all, of the territory of a municipal      4,055        

corporation, the board shall so notify the law enforcement agency  4,056        

of that municipal corporation of the official recognition of the   4,057        

citizens' reward program only if the county contains the highest   4,058        

percentage of the municipal corporation's population.  Upon        4,059        

receipt of a notice of that nature, each law enforcement agency    4,061        

shall pay twenty-five per cent of the proceeds from each sale of   4,062        

property disposed of pursuant to this section to the citizens'     4,063        

                                                          101    

                                                                 
reward program for use exclusively for the payment of rewards.     4,064        

No part of those funds may be used to pay for the administrative   4,065        

expenses or any other expenses associated with a citizens' reward  4,066        

program.  If a citizens' reward program that operates in more      4,067        

than one county or in another state or states in addition to this  4,068        

state receives funds pursuant to this section, the funds shall be  4,069        

used to pay rewards only for tips and information to law           4,070        

enforcement agencies concerning felonies, offenses of violence,    4,071        

or misdemeanors that have been committed in the county from which  4,072        

the funds were received.                                           4,073        

      (F)  This section does not apply to the collection,          4,075        

storage, or disposal of abandoned junk motor vehicles.  This       4,076        

section shall not be construed to rescind or restrict the          4,077        

authority of a municipal law enforcement agency to keep and        4,078        

dispose of lost, abandoned, stolen, seized, or forfeited property  4,079        

under an ordinance of the municipal corporation, provided that,    4,080        

when a municipal corporation that has received notice as provided  4,081        

in division (E)(2) of this section disposes of property under an   4,083        

ordinance of that nature, it shall pay twenty-five per cent of     4,084        

the proceeds from any sale or auction to the citizens' reward      4,085        

program as provided under that division.                           4,086        

      (G)  The receipt of funds by a citizens' reward program      4,088        

pursuant to division (E) of this section does not make it a        4,089        

governmental unit for purposes of section 149.43 of the Revised    4,090        

Code and does not subject it to the disclosure provisions of that  4,091        

section.                                                           4,092        

      (H)  For purposes of this section, "law enforcement agency"  4,094        

includes correctional institutions.  As used in this section,      4,095        

"citizens' reward program" has the same meaning as in section      4,096        

9.92 of the Revised Code.                                          4,097        

      Sec. 2933.43.  (A)(1)  Except as provided in this division   4,106        

or in section 2913.34 or sections 2923.44 TO 2923.47 OR 2925.41    4,108        

to 2925.45 of the Revised Code, a law enforcement officer shall    4,110        

seize any contraband that has been, is being, or is intended to    4,111        

                                                          102    

                                                                 
be used in violation of division (A) of section 2933.42 of the     4,112        

Revised Code.  A law enforcement officer shall seize contraband    4,113        

that is a watercraft, motor vehicle, or aircraft and that has      4,114        

been, is being, or is intended to be used in violation of          4,115        

division (A) of section 2933.42 of the Revised Code only if the    4,116        

watercraft, motor vehicle, or aircraft is contraband because of    4,117        

its relationship to an underlying criminal offense that is a       4,118        

felony.                                                                         

      Additionally, a law enforcement officer shall seize any      4,120        

watercraft, motor vehicle, aircraft, or other personal property    4,121        

that is classified as contraband under division (B) of section     4,122        

2933.42 of the Revised Code if the underlying offense involved in  4,123        

the violation of division (A) of that section that resulted in     4,124        

the watercraft, motor vehicle, aircraft, or personal property      4,125        

being classified as contraband, is a felony.                       4,126        

      (2)  If a law enforcement officer seizes property that is    4,128        

titled or registered under law, including a motor vehicle,         4,129        

pursuant to division (A)(1) of this section, the officer or the    4,130        

officer's employing law enforcement agency shall notify the owner  4,131        

of the seizure.  The notification shall be given to the owner at   4,132        

the owner's last known address within seventy-two hours after the  4,133        

seizure, and may be given orally by any means, including           4,134        

telephone, or by certified mail, return receipt requested.         4,135        

      If the officer or the officer's agency is unable to provide  4,137        

the notice required by this division despite reasonable, good      4,138        

faith efforts to do so, the exercise of the reasonable, good       4,139        

faith efforts constitutes fulfillment of the notice requirement    4,140        

imposed by this division.                                          4,141        

      (B)(1)  A motor vehicle seized pursuant to division (A)(1)   4,143        

of this section and the contents of the vehicle may be retained    4,144        

for a reasonable period of time, not to exceed seventy-two hours,  4,145        

for the purpose of inspection, investigation, and the gathering    4,146        

of evidence of any offense or illegal use.                         4,147        

      At any time prior to the expiration of the seventy-two-hour  4,149        

                                                          103    

                                                                 
period, the law enforcement agency that seized the motor vehicle   4,150        

may petition the court of common pleas of the county that has      4,151        

jurisdiction over the underlying criminal case or administrative   4,152        

proceeding involved in the forfeiture for an extension of the      4,153        

seventy-two-hour period if the motor vehicle or its contents are   4,154        

needed as evidence or if additional time is needed for the         4,155        

inspection, investigation, or gathering of evidence.  Upon the     4,156        

filing of such a petition, the court immediately shall schedule a  4,157        

hearing to be held at a time as soon as possible after the         4,158        

filing, but in no event at a time later than the end of the next   4,159        

business day subsequent to the day on which the petition was       4,160        

filed, and upon scheduling the hearing, immediately shall notify   4,161        

the owner of the vehicle, at the address at which notification of  4,162        

the seizure was provided under division (A) of this section, of    4,163        

the date, time, and place of the hearing.  If the court, at the    4,164        

hearing, determines that the vehicle or its contents, or both,     4,165        

are needed as evidence or that additional time is needed for the   4,166        

inspection, investigation, or gathering of evidence, the court     4,167        

may grant the petition and issue an order authorizing the          4,168        

retention of the vehicle or its contents, or both, for an          4,169        

extended period as specified by the court in its order.  An order  4,170        

extending a period of retention issued under this division may be  4,171        

renewed.                                                           4,172        

      If no petition for the extension of the initial              4,174        

seventy-two-hour period has been filed, prior to the expiration    4,175        

of that period, under this division, if the vehicle was not in     4,176        

the custody and control of the owner at the time of its seizure,   4,177        

and if, at the end of that seventy-two-hour period, the owner of   4,178        

the vehicle has not been charged with an offense or                4,179        

administrative violation that includes the use of the vehicle as   4,180        

an element and has not been charged with any other offense or      4,181        

administrative violation in the actual commission of which the     4,182        

motor vehicle was used, the vehicle and its contents shall be      4,183        

released to its owner or the owner's agent, provided that the law  4,184        

                                                          104    

                                                                 
enforcement agency that seized the vehicle may require proof of    4,185        

ownership of the vehicle, proof of ownership or legal possession   4,186        

of the contents, and an affidavit of the owner that the owner      4,187        

neither knew of nor expressly or impliedly consented to the use    4,188        

of the vehicle that resulted in its forfeiture as conditions       4,189        

precedent to release.  If a petition for the extension of the      4,190        

initial seventy-two-hour period has been filed, prior to the       4,191        

expiration of that period, under this division but the court does  4,192        

not grant the petition, if the vehicle was not in the custody and  4,193        

control of the owner at the time of its seizure, and if, at the    4,194        

end of that seventy-two-hour period, the owner of the vehicle has  4,195        

not been charged with an offense or administrative violation that  4,196        

includes the use of the vehicle as an element and has not been     4,197        

charged with any other offense or administrative violation in the  4,198        

actual commission of which the motor vehicle was used, the         4,199        

vehicle and its contents shall be released to its owner or the     4,200        

owner's agent, provided that the court may require the proof and   4,201        

affidavit described in the preceding sentence as conditions        4,202        

precedent to release.  If the initial seventy-two-hour period has  4,203        

been extended under this division, the vehicle and its contents    4,204        

to which the extension applies may be retained in accordance with  4,205        

the extension order.  If, at the end of that extended period, the  4,206        

owner of the vehicle has not been charged with an offense or       4,207        

administrative violation that includes the use of the vehicle as   4,208        

an element and has not been charged with any other offense or      4,209        

administrative violation in the actual commission of which the     4,210        

motor vehicle was used, and if the vehicle was not in the custody  4,211        

and control of the owner at the time of its seizure, the vehicle   4,212        

and its contents shall be released to its owner or the owner's     4,213        

agent, provided that the court may require the proof and           4,214        

affidavit described in the third preceding sentence as conditions  4,215        

precedent to release.  In cases in which the court may require     4,216        

proof and affidavits as conditions precedent to release, the       4,217        

court also may require the posting of a bond, with sufficient      4,218        

                                                          105    

                                                                 
sureties approved by the court, in an amount equal to the value    4,219        

of the property to be released, as determined by the court, and    4,220        

conditioned upon the return of the property to the court if it is  4,221        

forfeited under this section, as a further condition to release.   4,222        

If, at the end of the initial seventy-two-hour period or at the    4,223        

end of any extended period granted under this section, the owner   4,224        

has been charged with an offense or administrative violation that  4,225        

includes the use of the vehicle as an element or has been charged  4,226        

with another offense or administrative violation in the actual     4,227        

commission of which the motor vehicle was used, or if the vehicle  4,228        

was in the custody and control of the owner at the time of its     4,229        

seizure, the vehicle and its contents shall be retained pending    4,230        

disposition of the charge, provided that upon the filing of a      4,231        

motion for release by the owner, if the court determines that the  4,232        

motor vehicle or its contents, or both, are not needed as          4,233        

evidence in the underlying criminal case or administrative         4,234        

proceeding, the court may permit the release of the property that  4,235        

is not needed as evidence to the owner; as a condition precedent   4,236        

to a release of that nature, the court may require the owner to    4,237        

execute a bond with the court.  Any bond so required shall be in   4,238        

an amount equal to the value of the property to be released, as    4,239        

determined by the court, shall have sufficient sureties approved   4,240        

by the court, and shall be conditioned upon the return of the      4,241        

property to the court to which it is forfeited under this          4,242        

section.                                                                        

      The final disposition of a motor vehicle seized pursuant to  4,244        

division (A)(1) of this section shall be determined in accordance  4,245        

with division (C) of this section.                                 4,246        

      (2)  Pending a hearing pursuant to division (C) of this      4,248        

section, and subject to divisions (B)(1) and (C) of this section,  4,249        

any property lawfully seized pursuant to division (A) of this      4,250        

section because it was contraband of a type described in division  4,251        

(A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section        4,253        

2901.01 of the Revised Code shall not be subject to replevin or    4,254        

                                                          106    

                                                                 
other action in any court and shall not be subject to release      4,255        

upon request of the owner, and no judgment shall be enforced       4,256        

against the property.  Pending the hearing, and subject to         4,257        

divisions (B)(1) and (C) of this section, the property shall be    4,258        

kept in the custody of the law enforcement agency responsible for  4,259        

its seizure.                                                       4,260        

      Pending a hearing pursuant to division (C) of this section,  4,262        

and notwithstanding any provisions of division (B)(1) or (C) of    4,263        

this section to the contrary, any property lawfully seized         4,264        

pursuant to division (A) of this section because it was            4,265        

contraband of a type described in division (A)(13)(a) or (c) of    4,267        

section 2901.01 of the Revised Code shall not be subject to        4,268        

replevin or other action in any court and shall not be subject to  4,269        

release upon request of the owner, and no judgment shall be                     

enforced against the property.  Pending the hearing, and           4,270        

notwithstanding any provisions of division (B)(1) or (C) of this   4,271        

section to the contrary, the property shall be kept in the         4,272        

custody of the law enforcement agency responsible for its          4,273        

seizure.                                                           4,274        

      A law enforcement agency that seizes property under          4,276        

division (A) of this section because it was contraband of any      4,277        

type described in division (A)(13) of section 2901.01 or division  4,279        

(B) of section 2933.42 of the Revised Code shall maintain an                    

accurate record of each item of property so seized, which record   4,280        

shall include the date on which each item was seized, the manner   4,281        

and date of its disposition, and if applicable, the name of the    4,282        

person who received the item; however, the record shall not        4,283        

identify or enable the identification of the individual officer    4,284        

who seized the item.  The record of property of that nature that   4,285        

no longer is needed as evidence shall be open to public            4,286        

inspection during the agency's regular business hours.  Each law   4,287        

enforcement agency that, during any calendar year, seizes          4,288        

property under division (A) of this section because it was         4,289        

contraband shall prepare a report covering the calendar year that  4,290        

                                                          107    

                                                                 
cumulates all of the information contained in all of the records   4,291        

kept by the agency pursuant to this division for that calendar     4,292        

year, and shall send a copy of the cumulative report, no later     4,293        

than the first day of March in the calendar year following the     4,294        

calendar year covered by the report, to the attorney general.      4,295        

Each report received by the attorney general is a public record    4,296        

open for inspection under section 149.43 of the Revised Code.      4,297        

The attorney general shall make copies of each report received,    4,298        

and, no later than the fifteenth day of April in the calendar      4,299        

year in which the report is received, shall send a copy of it to   4,300        

the president of the senate and the speaker of the house of        4,301        

representatives.                                                   4,302        

      (C)  The prosecuting attorney, village solicitor, city       4,304        

director of law, or similar chief legal officer who has            4,305        

responsibility for the prosecution of the underlying criminal      4,306        

case or administrative proceeding, or the attorney general if the  4,307        

attorney general has that responsibility, shall file a petition    4,308        

for the forfeiture, to the seizing law enforcement agency of the   4,309        

contraband seized pursuant to division (A) of this section.  The   4,310        

petition shall be filed in the court that has jurisdiction over    4,311        

the underlying criminal case or administrative proceeding          4,312        

involved in the forfeiture.  If the property was seized on the     4,313        

basis of both a criminal violation and an administrative           4,314        

regulation violation, the petition shall be filed by the officer   4,315        

and in the court that is appropriate in relation to the criminal   4,316        

case.                                                              4,317        

      The petitioner shall conduct or cause to be conducted a      4,319        

search of the appropriate public records that relate to the        4,320        

seized property for the purpose of determining, and shall make or  4,321        

cause to be made reasonably diligent inquiries for the purpose of  4,322        

determining, any person having an ownership or security interest   4,323        

in the property.  The petitioner then shall give notice of the     4,324        

forfeiture proceedings by personal service or by certified mail,   4,325        

return receipt requested, to any persons known, because of the     4,326        

                                                          108    

                                                                 
conduct of the search, the making of the inquiries, or otherwise,  4,327        

to have an ownership or security interest in the property, and     4,328        

shall publish notice of the proceedings once each week for two     4,329        

consecutive weeks in a newspaper of general circulation in the     4,330        

county in which the seizure occurred.  The notices shall be        4,331        

personally served, mailed, and first published at least four       4,332        

weeks before the hearing.  They shall describe the property        4,333        

seized; state the date and place of seizure; name the law          4,334        

enforcement agency that seized the property and, if applicable,    4,335        

that is holding the property; list the time, date, and place of    4,336        

the hearing; and state that any person having an ownership or      4,337        

security interest in the property may contest the forfeiture.      4,338        

      If the property seized was determined by the seizing law     4,340        

enforcement officer to be contraband because of its relationship   4,341        

to an underlying criminal offense or administrative violation, no  4,342        

forfeiture hearing shall be held under this section unless the     4,343        

person pleads guilty to or is convicted of the commission of, or   4,344        

an attempt or conspiracy to commit, the offense or a different     4,345        

offense arising out of the same facts and circumstances or unless  4,346        

the person admits or is adjudicated to have committed the          4,347        

administrative violation or a different violation arising out of   4,348        

the same facts and circumstances; a forfeiture hearing shall be    4,349        

held in a case of that nature no later than forty-five days after  4,350        

the conviction or the admission or adjudication of the violation,  4,351        

unless the time for the hearing is extended by the court for good  4,352        

cause shown.  The owner of any property seized because of its      4,353        

relationship to an underlying criminal offense or administrative   4,354        

violation may request the court to release the property to the     4,355        

owner.  Upon receipt of a request of that nature, if the court     4,356        

determines that the property is not needed as evidence in the      4,357        

underlying criminal case or administrative proceeding, the court   4,358        

may permit the release of the property to the owner.  As a         4,359        

condition precedent to a release of that nature, the court may     4,360        

require the owner to execute a bond with the court.  Any bond so   4,361        

                                                          109    

                                                                 
required shall have sufficient sureties approved by the court,     4,362        

shall be in a sum equal to the value of the property, as           4,363        

determined by the court, and shall be conditioned upon the return  4,364        

of the property to the court if the property is forfeited under    4,365        

this section.  Any property seized because of its relationship to  4,366        

an underlying criminal offense or administrative violation shall   4,367        

be returned to its owner if charges are not filed in relation to   4,368        

that underlying offense or violation within thirty days after the  4,369        

seizure, if charges of that nature are filed and subsequently are  4,370        

dismissed, or if charges of that nature are filed and the person   4,371        

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   4,372        

violation.                                                                      

      If the property seized was determined by the seizing law     4,374        

enforcement officer to be contraband other than because of a       4,375        

relationship to an underlying criminal offense or administrative   4,376        

violation, the forfeiture hearing under this section shall be      4,377        

held no later than forty-five days after the seizure, unless the   4,378        

time for the hearing is extended by the court for good cause       4,379        

shown.                                                             4,380        

      Where possible, a court holding a forfeiture hearing under   4,382        

this section shall follow the Rules of Civil Procedure.  When a    4,383        

hearing is conducted under this section, property shall be         4,384        

forfeited upon a showing, by a preponderance of the evidence, by   4,385        

the petitioner that the person from which the property was seized  4,386        

was in violation of division (A) of section 2933.42 of the         4,387        

Revised Code.  If that showing is made, the court shall issue an   4,388        

order of forfeiture.  If an order of forfeiture is issued in       4,389        

relation to contraband that was released to the owner or the       4,390        

owner's agent pursuant to this division or division (B)(1) of      4,391        

this section, the order shall require the owner to deliver the     4,392        

property, by a specified date, to the law enforcement agency that  4,393        

employed the law enforcement officer who made the seizure of the   4,394        

property, and the court shall deliver a copy of the order to the   4,395        

                                                          110    

                                                                 
owner or send a copy of it by certified mail, return receipt       4,396        

requested, to the owner at the address to which notice of the      4,397        

seizure was given under division (A)(2) of this section.  Except   4,398        

as otherwise provided in this division, all rights, interest, and  4,399        

title to the forfeited contraband vests in the state, effective    4,400        

from the date of seizure.                                          4,401        

      No property shall be forfeited pursuant to this division if  4,403        

the owner of the property establishes, by a preponderance of the   4,404        

evidence, that the owner neither knew, nor should have known       4,405        

after a reasonable inquiry, that the property was used, or was     4,406        

likely to be used, in a crime or administrative violation.  No     4,407        

bona fide security interest shall be forfeited pursuant to this    4,408        

division if the holder of the interest establishes, by a           4,409        

preponderance of the evidence, that the holder of the interest     4,410        

neither knew, nor should have known after a reasonable inquiry,    4,412        

that the property was used, or likely to be used, in a crime or    4,413        

administrative violation, that the holder of the interest did not  4,414        

expressly or impliedly consent to the use of the property in a     4,415        

crime or administrative violation, and that the security interest  4,416        

was perfected pursuant to law prior to the seizure.  If the        4,417        

holder of the interest satisfies the court that these              4,418        

requirements are met, the interest shall be preserved by the       4,419        

court.  In a case of that nature, the court shall either order     4,420        

that the agency to which the property is forfeited reimburse the   4,421        

holder of the interest to the extent of the preserved interest or  4,422        

order that the holder be paid for the interest from the proceeds   4,423        

of any sale pursuant to division (D) of this section.              4,424        

      (D)(1)  Contraband ordered forfeited pursuant to this        4,426        

section shall be disposed of pursuant to divisions (D)(1) to (7)   4,427        

of section 2933.41 of the Revised Code or, if the contraband is    4,428        

not described in those divisions, may be used, with the approval   4,429        

of the court, by the law enforcement agency that has custody of    4,430        

the contraband pursuant to division (D)(8) of that section.  In    4,431        

the case of contraband not described in any of those divisions     4,432        

                                                          111    

                                                                 
and of contraband not disposed of pursuant to any of those         4,433        

divisions, the contraband shall be sold in accordance with this    4,434        

division or, in the case of forfeited moneys, disposed of in       4,435        

accordance with this division.  If the contraband is to be sold,   4,436        

the prosecuting attorney shall cause a notice of the proposed      4,437        

sale of the contraband to be given in accordance with law, and     4,438        

the property shall be sold, without appraisal, at a public         4,439        

auction to the highest bidder for cash.  The proceeds of a sale    4,440        

and forfeited moneys shall be applied in the following order:      4,441        

      (a)  First, to the payment of the costs incurred in          4,443        

connection with the seizure of, storage of, maintenance of, and    4,444        

provision of security for the contraband, the forfeiture           4,445        

proceeding, and, if any, the sale;                                 4,446        

      (b)  Second, the remaining proceeds or forfeited moneys      4,448        

after compliance with division (D)(1)(a) of this section, to the   4,449        

payment of the balance due on any security interest preserved      4,450        

pursuant to division (C) of this section;                          4,451        

      (c)  Third, the remaining proceeds or forfeited moneys       4,453        

after compliance with divisions (D)(1)(a) and (b) of this          4,454        

section, as follows:                                               4,455        

      (i)  If the forfeiture was ordered in a juvenile court, ten  4,457        

per cent to one or more alcohol and drug addiction treatment       4,458        

programs that are certified by the department of alcohol and drug  4,459        

addiction services under section 3793.06 of the Revised Code and   4,460        

that are specified in the order of forfeiture.  A juvenile court   4,462        

shall not certify an alcohol or drug addiction treatment program   4,463        

in the order of forfeiture unless the program is a certified                    

alcohol and drug addiction treatment program and, except as        4,464        

provided in division (D)(1)(c)(i) of this section, unless the      4,465        

program is located in the county in which the court that orders    4,466        

the forfeiture is located or in a contiguous county.  If no        4,467        

certified alcohol and drug addiction treatment program is located  4,468        

in any of those counties, the juvenile court may specify in the    4,469        

order a certified alcohol and drug addiction treatment program                  

                                                          112    

                                                                 
located anywhere within this state.                                4,470        

      (ii)  If the forfeiture was ordered in a juvenile court,     4,472        

ninety per cent, and if the forfeiture was ordered in a court      4,473        

other than a juvenile court, one hundred per cent to the law       4,474        

enforcement trust fund of the prosecuting attorney and to the law  4,476        

enforcement trust fund of the county sheriff if the county         4,477        

sheriff made the seizure, to the law enforcement trust fund of a   4,478        

municipal corporation if its police department made the seizure,   4,479        

to the law enforcement trust fund of a township if the seizure     4,480        

was made by a township police department, township police          4,481        

district police force, or office of a township constable, to the   4,482        

law enforcement trust fund of a park district created pursuant to  4,483        

section 511.18 or 1545.01 of the Revised Code if the seizure was   4,484        

made by the park district police force or law enforcement          4,485        

department, to the state highway patrol contraband, forfeiture,    4,486        

and other fund if the state highway patrol made the seizure, to    4,487        

the liquor enforcement contraband, forfeiture, and other fund if   4,488        

the liquor enforcement unit of the department of public safety     4,489        

made the seizure, to the food stamp contraband, forfeiture, and    4,490        

other fund if the food stamp trafficking unit of the department    4,492        

of public safety made the seizure, to the board of pharmacy drug   4,493        

law enforcement fund created by division (B)(1) of section         4,494        

4729.65 of the Revised Code if the board made the seizure, or to   4,495        

the treasurer of state for deposit into the peace officer          4,496        

training commission fund if a state law enforcement agency, other  4,498        

than the state highway patrol, the department of public safety,    4,499        

or the state board of pharmacy, made the seizure.  The             4,500        

prosecuting attorney may decline to accept any of the remaining    4,501        

proceeds or forfeited moneys, and, if the prosecuting attorney so  4,502        

declines, the remaining proceeds or forfeited moneys shall be      4,503        

applied to the fund described in this division that relates to     4,504        

the law enforcement agency that made the seizure.                  4,505        

      A law enforcement trust fund shall be established by the     4,507        

prosecuting attorney of each county who intends to receive any     4,508        

                                                          113    

                                                                 
remaining proceeds or forfeited moneys pursuant to this division,  4,509        

by the sheriff of each county, by the legislative authority of     4,510        

each municipal corporation, by the board of township trustees of   4,511        

each township that has a township police department, township      4,512        

police district police force, or office of the constable, and by   4,513        

the board of park commissioners of each park district created      4,514        

pursuant to section 511.18 or 1545.01 of the Revised Code that     4,515        

has a park district police force or law enforcement department,    4,516        

for the purposes of this division.  There is hereby created in     4,517        

the state treasury the state highway patrol contraband,            4,518        

forfeiture, and other fund, the liquor enforcement contraband,     4,519        

forfeiture, and other fund, the food stamp contraband,             4,520        

forfeiture, and other fund, and the peace officer training         4,521        

commission fund, for the purposes described in this division.      4,523        

      Proceeds or forfeited moneys distributed to any municipal    4,525        

corporation, township, or park district law enforcement trust      4,526        

fund shall be allocated from the fund by the legislative           4,527        

authority only to the police department of the municipal           4,528        

corporation, by the board of township trustees only to the         4,529        

township police department, township police district police        4,530        

force, or office of the constable, and by the board of park        4,531        

commissioners only to the park district police force or law        4,532        

enforcement department.                                            4,533        

      Additionally, no proceeds or forfeited moneys shall be       4,535        

allocated to or used by the state highway patrol, the food stamp   4,536        

trafficking unit or liquor enforcement unit of the department of   4,538        

public safety, the state board of pharmacy, or a county sheriff,   4,539        

prosecuting attorney, municipal corporation police department,     4,540        

township police department, township police district police        4,541        

force, office of the constable, or park district police force or   4,542        

law enforcement department unless the state highway patrol,        4,543        

department of public safety, state board of pharmacy, sheriff,     4,544        

prosecuting attorney, municipal corporation police department,     4,545        

township police department, township police district police        4,546        

                                                          114    

                                                                 
force, office of the constable, or park district police force or   4,547        

law enforcement department has adopted a written internal control  4,548        

policy under division (D)(3) of this section that addresses the    4,549        

use of moneys received from the state highway patrol contraband,   4,550        

forfeiture, and other fund, the liquor enforcement contraband,     4,551        

forfeiture, and other fund, the food stamp contraband,                          

forfeiture, and other fund, the board of pharmacy drug law         4,552        

enforcement fund, or the appropriate law enforcement trust fund.   4,553        

The state highway patrol contraband, forfeiture, and other fund,   4,554        

the liquor enforcement contraband, forfeiture, and other fund,     4,555        

the food stamp contraband, forfeiture, and other fund, and a law   4,556        

enforcement trust fund shall be expended only in accordance with   4,557        

the written internal control policy so adopted by the recipient,   4,558        

and, subject to the requirements specified in division             4,559        

(D)(3)(a)(ii) of this section, only to pay the costs of            4,560        

protracted or complex investigations or prosecutions, to provide   4,561        

reasonable technical training or expertise, to provide matching    4,562        

funds to obtain federal grants to aid law enforcement, in the      4,563        

support of DARE programs or other programs designed to educate     4,564        

adults or children with respect to the dangers associated with     4,565        

the use of drugs of abuse, or for other law enforcement purposes   4,567        

that the superintendent of the state highway patrol, department    4,568        

of public safety, prosecuting attorney, county sheriff,            4,569        

legislative authority, board of township trustees, or board of     4,570        

park commissioners determines to be appropriate.  The board of     4,571        

pharmacy drug law enforcement fund shall be expended only in       4,572        

accordance with the written internal control policy so adopted by  4,573        

the board and only in accordance with section 4729.65 of the       4,574        

Revised Code.  The state highway patrol contraband, forfeiture,    4,575        

and other fund, the liquor enforcement contraband, seizure, and                 

other fund, the food stamp contraband, forfeiture, and other       4,576        

fund, the board of pharmacy drug law enforcement fund, and a law   4,578        

enforcement trust fund shall not be used to meet the operating     4,579        

costs of the state highway patrol, of the food stamp trafficking   4,580        

                                                          115    

                                                                 
unit or liquor enforcement unit of the department of public        4,581        

safety, of the state board of pharmacy, of any political           4,582        

subdivision, or of any office of a prosecuting attorney or county  4,583        

sheriff that are unrelated to law enforcement.                                  

      Proceeds and forfeited moneys that are paid into the state   4,585        

treasury to be deposited into the peace officer training           4,586        

commission fund shall be used by the commission only to pay the    4,588        

costs of peace officer training.                                   4,589        

      Any sheriff or prosecuting attorney who receives proceeds    4,591        

or forfeited moneys pursuant to this division during any calendar  4,592        

year shall file a report with the county auditor, no later than    4,593        

the thirty-first day of January of the next calendar year,         4,594        

verifying that the proceeds and forfeited moneys were expended     4,595        

only for the purposes authorized by this division and division     4,596        

(D)(3)(a)(ii) of this section and specifying the amounts expended  4,597        

for each authorized purpose.  Any municipal corporation police     4,598        

department that is allocated proceeds or forfeited moneys from a   4,599        

municipal corporation law enforcement trust fund pursuant to this  4,600        

division during any calendar year shall file a report with the     4,601        

legislative authority of the municipal corporation, no later than  4,602        

the thirty-first day of January of the next calendar year,         4,603        

verifying that the proceeds and forfeited moneys were expended     4,604        

only for the purposes authorized by this division and division     4,605        

(D)(3)(a)(ii) of this section and specifying the amounts expended  4,606        

for each authorized purpose.  Any township police department,      4,607        

township police district police force, or office of the constable  4,608        

that is allocated proceeds or forfeited moneys from a township     4,609        

law enforcement trust fund pursuant to this division during any    4,610        

calendar year shall file a report with the board of township       4,611        

trustees of the township, no later than the thirty-first day of    4,612        

January of the next calendar year, verifying that the proceeds     4,613        

and forfeited moneys were expended only for the purposes           4,614        

authorized by this division and division (D)(3)(a)(ii) of this     4,615        

section and specifying the amounts expended for each authorized    4,616        

                                                          116    

                                                                 
purpose.  Any park district police force or law enforcement        4,617        

department that is allocated proceeds or forfeited moneys from a   4,618        

park district law enforcement trust fund pursuant to this          4,619        

division during any calendar year shall file a report with the     4,620        

board of park commissioners of the park district, no later than    4,621        

the thirty-first day of January of the next calendar year,         4,622        

verifying that the proceeds and forfeited moneys were expended     4,623        

only for the purposes authorized by this division and division     4,624        

(D)(3)(a)(ii) of this section and specifying the amounts expended  4,625        

for each authorized purpose.  The superintendent of the state      4,626        

highway patrol shall file a report with the attorney general, no   4,627        

later than the thirty-first day of January of each calendar year,  4,628        

verifying that proceeds and forfeited moneys paid into the state   4,629        

highway patrol contraband, forfeiture, and other fund pursuant to  4,630        

this division during the prior calendar year were used by the      4,631        

state highway patrol during the prior calendar year only for the   4,632        

purposes authorized by this division and specifying the amounts    4,633        

expended for each authorized purpose.  The executive director of   4,634        

the state board of pharmacy shall file a report with the attorney  4,635        

general, no later than the thirty-first day of January of each     4,636        

calendar year, verifying that proceeds and forfeited moneys paid   4,637        

into the board of pharmacy drug law enforcement fund during the    4,638        

prior calendar year were used only in accordance with section      4,639        

4729.65 of the Revised Code and specifying the amounts expended    4,640        

for each authorized purpose.  The peace officer training           4,641        

commission shall file a report with the attorney general, no       4,642        

later than the thirty-first day of January of each calendar year,  4,644        

verifying that proceeds and forfeited moneys paid into the peace   4,645        

officer training commission fund pursuant to this division during  4,647        

the prior calendar year were used by the commission during the     4,648        

prior calendar year only to pay the costs of peace officer         4,650        

training and specifying the amount used for that purpose.          4,651        

      (2)  If more than one law enforcement agency is              4,653        

substantially involved in the seizure of contraband that is        4,654        

                                                          117    

                                                                 
forfeited pursuant to this section, the court ordering the         4,655        

forfeiture shall equitably divide the proceeds or forfeited        4,656        

moneys, after calculating any distribution to the law enforcement  4,657        

trust fund of the prosecuting attorney pursuant to division        4,658        

(D)(1)(c) of this section, among any county sheriff whose office   4,659        

is determined by the court to be substantially involved in the     4,660        

seizure, any legislative authority of a municipal corporation      4,661        

whose police department is determined by the court to be           4,662        

substantially involved in the seizure, any board of township       4,663        

trustees whose law enforcement agency is determined by the court   4,664        

to be substantially involved in the seizure, any board of park     4,665        

commissioners of a park district whose police force or law         4,666        

enforcement department is determined by the court to be            4,667        

substantially involved in the seizure, the state board of          4,668        

pharmacy if it is determined by the court to be substantially      4,669        

involved in the seizure, the food stamp trafficking unit or        4,670        

liquor enforcement unit of the department of public safety if it   4,671        

is determined by the court to be substantially involved in the     4,672        

seizure, and the state highway patrol if it is determined by the   4,673        

court to be substantially involved in the seizure.  The proceeds   4,674        

or forfeited moneys shall be deposited in the respective law       4,675        

enforcement trust funds of the county sheriff, municipal           4,676        

corporation, township, and park district, the board of pharmacy    4,677        

drug law enforcement fund, the liquor enforcement contraband,      4,679        

forfeiture, and other fund, the food stamp contraband,             4,680        

forfeiture, and other fund, or the state highway patrol            4,681        

contraband, forfeiture, and other fund, in accordance with         4,682        

division (D)(1)(c) of this section.  If a state law enforcement    4,683        

agency, other than the state highway patrol, the food stamp        4,684        

trafficking unit or liquor enforcement unit of the department of   4,685        

public safety, or the state board of pharmacy, is determined by    4,686        

the court to be substantially involved in the seizure, the state   4,687        

agency's equitable share of the proceeds and forfeited moneys      4,688        

shall be paid to the treasurer of state for deposit into the       4,689        

                                                          118    

                                                                 
peace officer training commission fund.                            4,690        

      (3)(a)(i)  Prior to being allocated or using any proceeds    4,692        

or forfeited moneys out of the state highway patrol contraband,    4,693        

forfeiture, and other fund, the liquor enforcement contraband,     4,694        

forfeiture, and other fund, the food stamp contraband, seizure,    4,695        

and other fund, the board of pharmacy drug law enforcement fund,   4,697        

or a law enforcement trust fund under division (D)(1)(c) of this   4,698        

section, the state highway patrol, the department of public                     

safety, the state board of pharmacy, and a county sheriff,         4,699        

prosecuting attorney, municipal corporation police department,     4,700        

township police department, township police district police        4,701        

force, office of the constable, or park district police force or   4,702        

law enforcement department shall adopt a written internal control  4,703        

policy that addresses the state highway patrol's, department of    4,704        

public safety's, state board of pharmacy's, sheriff's,             4,705        

prosecuting attorney's, police department's, police force's,       4,706        

office of the constable's, or law enforcement department's use     4,707        

and disposition of all the proceeds and forfeited moneys received  4,708        

and that provides for the keeping of detailed financial records    4,709        

of the receipts of the proceeds and forfeited moneys, the general  4,710        

types of expenditures made out of the proceeds and forfeited       4,711        

moneys, the specific amount of each general type of expenditure,   4,712        

and the amounts, portions, and programs described in division      4,713        

(D)(3)(a)(ii) of this section.  The policy shall not provide for   4,714        

or permit the identification of any specific expenditure that is   4,715        

made in an ongoing investigation.                                  4,716        

      All financial records of the receipts of the proceeds and    4,718        

forfeited moneys, the general types of expenditures made out of    4,719        

the proceeds and forfeited moneys, the specific amount of each     4,720        

general type of expenditure by the state highway patrol, by the    4,721        

department of public safety, by the state board of pharmacy, and   4,722        

by a sheriff, prosecuting attorney, municipal corporation police   4,723        

department, township police department, township police district   4,724        

police force, office of the constable, or park district police     4,725        

                                                          119    

                                                                 
force or law enforcement department, and the amounts, portions,    4,726        

and programs described in division (D)(3)(a)(ii) of this section   4,727        

are public records open for inspection under section 149.43 of     4,728        

the Revised Code.  Additionally, a written internal control        4,729        

policy adopted under this division is a public record of that      4,730        

nature, and the state highway patrol, the department of public     4,731        

safety, the state board of pharmacy, or the sheriff, prosecuting   4,732        

attorney, municipal corporation police department, township        4,733        

police department, township police district police force, office   4,734        

of the constable, or park district police force or law             4,735        

enforcement department that adopted it shall comply with it.       4,736        

      (ii)  The written internal control policy of a county        4,738        

sheriff, prosecuting attorney, municipal corporation police        4,739        

department, township police department, township police district   4,740        

police force, office of the constable, or park district police     4,741        

force or law enforcement department shall provide that at least    4,742        

ten per cent of the first one hundred thousand dollars of          4,743        

proceeds and forfeited moneys deposited during each calendar year  4,744        

in the sheriff's, prosecuting attorney's, municipal                4,745        

corporation's, township's, or park district's law enforcement      4,746        

trust fund pursuant to division (B)(7)(c)(ii) OF SECTION 2923.46   4,747        

OR DIVISION (B)(8)(c)(ii) of section 2925.44 of the Revised Code,  4,749        

and at least twenty per cent of the proceeds and forfeited moneys  4,750        

exceeding one hundred thousand dollars that are so deposited,      4,751        

shall be used in connection with community preventive education    4,752        

programs.  The manner in which the described percentages are so    4,753        

used shall be determined by the sheriff, prosecuting attorney,     4,754        

department, police force, or office of the constable after the     4,755        

receipt and consideration of advice on appropriate community       4,756        

preventive education programs from the county's board of alcohol,  4,757        

drug addiction, and mental health services, from the county's      4,758        

alcohol and drug addiction services board, or through appropriate  4,759        

community dialogue.  The financial records described in division   4,760        

(D)(3)(a)(i) of this section shall specify the amount of the       4,761        

                                                          120    

                                                                 
proceeds and forfeited moneys deposited during each calendar year  4,762        

in the sheriff's, prosecuting attorney's, municipal                4,763        

corporation's, township's, or park district's law enforcement      4,764        

trust fund pursuant to division (B)(7)(c)(ii) OF SECTION 2923.46   4,765        

OR (B)(8)(c)(ii) of section 2925.44 of the Revised Code, the       4,766        

portion of that amount that was used pursuant to the requirements  4,767        

of this division, and the community preventive education programs  4,768        

in connection with which the portion of that amount was so used.   4,769        

      As used in this division, "community preventive education    4,771        

programs" includes, but is not limited to, DARE programs and       4,772        

other programs designed to educate adults or children with         4,773        

respect to the dangers associated with the use of drugs of abuse.  4,774        

      (b)  Each sheriff, prosecuting attorney, municipal           4,776        

corporation police department, township police department,         4,777        

township police district police force, office of the constable,    4,778        

or park district police force or law enforcement department that   4,779        

receives in any calendar year any proceeds or forfeited moneys     4,780        

out of a law enforcement trust fund under division (D)(1)(c) of    4,781        

this section or uses any proceeds or forfeited moneys in its law   4,782        

enforcement trust fund in any calendar year shall prepare a        4,783        

report covering the calendar year that cumulates all of the        4,784        

information contained in all of the public financial records kept  4,785        

by the sheriff, prosecuting attorney, municipal corporation        4,786        

police department, township police department, township police     4,787        

district police force, office of the constable, or park district   4,788        

police force or law enforcement department pursuant to division    4,789        

(D)(3)(a) of this section for that calendar year, and shall send   4,790        

a copy of the cumulative report, no later than the first day of    4,791        

March in the calendar year following the calendar year covered by  4,792        

the report, to the attorney general.                               4,793        

      The superintendent of the state highway patrol shall         4,795        

prepare a report covering each calendar year in which the state    4,796        

highway patrol uses any proceeds or forfeited moneys in the state  4,797        

highway patrol contraband, forfeiture, and other fund under        4,798        

                                                          121    

                                                                 
division (D)(1)(c) of this section, that cumulates all of the      4,799        

information contained in all of the public financial records kept  4,800        

by the state highway patrol pursuant to division (D)(3)(a) of      4,801        

this section for that calendar year, and shall send a copy of the  4,802        

cumulative report, no later than the first day of March in the     4,803        

calendar year following the calendar year covered by the report,   4,804        

to the attorney general.                                           4,805        

      The department of public safety shall prepare a report       4,807        

covering each fiscal year in which the department uses any         4,808        

proceeds or forfeited moneys in the liquor enforcement             4,809        

contraband, seizure, and other fund and the food stamp             4,810        

contraband, forfeiture, and other fund under division (D)(1)(c)    4,811        

of this section that cumulates all of the information contained    4,812        

in all of the public financial records kept by the department      4,813        

pursuant to division (D)(3)(a) of this section for that fiscal     4,814        

year.  The department shall send a copy of the cumulative report   4,815        

to the attorney general no later than the first day of August in   4,816        

the fiscal year following the fiscal year covered by the report.   4,817        

The director of public safety shall include in the report a        4,818        

verification that proceeds and forfeited moneys paid into the      4,819        

liquor enforcement contraband, seizure, and other fund and the     4,821        

food stamp contraband, forfeiture, and other fund under division   4,823        

(D)(1)(c) of this section during the preceding fiscal year were    4,824        

used by the department during that fiscal year only for the        4,825        

purposes authorized by that division and shall specify the amount  4,826        

used for each authorized purpose.                                               

      The executive director of the state board of pharmacy shall  4,828        

prepare a report covering each calendar year in which the board    4,829        

uses any proceeds or forfeited moneys in the board of pharmacy     4,830        

drug law enforcement fund under division (D)(1)(c) of this         4,831        

section, that cumulates all of the information contained in all    4,832        

of the public financial records kept by the board pursuant to      4,833        

division (D)(3)(a) of this section for that calendar year, and     4,834        

shall send a copy of the cumulative report, no later than the      4,835        

                                                          122    

                                                                 
first day of March in the calendar year following the calendar     4,836        

year covered by the report, to the attorney general.  Each report  4,837        

received by the attorney general is a public record open for       4,838        

inspection under section 149.43 of the Revised Code.  The          4,839        

attorney general shall make copies of each report received, and,   4,840        

no later than the fifteenth day of April in the calendar year in   4,841        

which the report is received, shall send a copy of it to the       4,842        

president of the senate and the speaker of the house of            4,843        

representatives.                                                   4,844        

      (4)(a)  A law enforcement agency that receives pursuant to   4,846        

federal law proceeds from a sale of forfeited contraband,          4,847        

proceeds from another disposition of forfeited contraband, or      4,848        

forfeited contraband moneys shall deposit, use, and account for    4,849        

the proceeds or forfeited moneys in accordance with, and           4,850        

otherwise comply with, the applicable federal law.                 4,851        

      (b)  If the state highway patrol receives pursuant to        4,853        

federal law proceeds from a sale of forfeited contraband,          4,854        

proceeds from another disposition of forfeited contraband, or      4,855        

forfeited contraband moneys, the appropriate governmental          4,856        

officials shall deposit into the state highway patrol contraband,               

forfeiture, and other fund all interest or other earnings derived  4,857        

from the investment of the proceeds or forfeited moneys.  The      4,858        

state highway patrol shall use and account for that interest or    4,859        

other earnings in accordance with the applicable federal law.      4,860        

      (c)  If the liquor enforcement unit of the department of     4,862        

public safety receives pursuant to federal law proceeds from a     4,863        

sale of forfeited contraband, proceeds from another disposition    4,864        

of forfeited contraband, or forfeited contraband moneys, the       4,865        

appropriate governmental officials shall deposit into the liquor   4,866        

enforcement contraband, forfeiture, and other fund all interest    4,867        

or other earnings derived from the investment of the proceeds or   4,868        

forfeited moneys.  The department shall use and account for that   4,869        

interest or other earnings in accordance with the applicable       4,870        

federal law.                                                       4,871        

                                                          123    

                                                                 
      (d)  If the food stamp fraud unit of the department of       4,874        

public safety receives pursuant to federal law proceeds from a     4,875        

sale of forfeited contraband, proceeds from another disposition    4,876        

of forfeited contraband, or forfeited contraband moneys, the       4,877        

appropriate governmental officials shall deposit into the food     4,878        

stamp contraband, forfeiture, and other fund all interest or       4,879        

other earnings derived from the investment of the proceeds or      4,880        

forfeited moneys.  The department shall use and account for that   4,881        

interest or other earnings in accordance with the applicable       4,882        

federal law.                                                                    

      (e)  Divisions (D)(1) to (3) of this section do not apply    4,884        

to proceeds or forfeited moneys received pursuant to federal law   4,886        

or to the interest or other earnings that are derived from the     4,887        

investment of proceeds or forfeited moneys received pursuant to    4,888        

federal law and that are described in division (D)(4)(b) of this   4,889        

section.                                                                        

      (E)  Upon the sale pursuant to this section of any property  4,891        

that is required to be titled or registered under law, the state   4,892        

shall issue an appropriate certificate of title or registration    4,893        

to the purchaser.  If the state is vested with title pursuant to   4,894        

division (C) of this section and elects to retain property that    4,895        

is required to be titled or registered under law, the state shall  4,896        

issue an appropriate certificate of title or registration.         4,897        

      (F)  Notwithstanding any provisions of this section to the   4,899        

contrary, any property that is lawfully seized in relation to a    4,900        

violation of section 2923.32 of the Revised Code shall be subject  4,901        

to forfeiture and disposition in accordance with sections 2923.32  4,902        

to 2923.36 of the Revised Code,; ANY PROPERTY THAT IS FORFEITED    4,903        

PURSUANT TO SECTION 2923.44 OR 2923.45 OF THE REVISED CODE IN      4,904        

RELATION TO A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR  4,905        

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   4,906        

AND DISPOSITION IN ACCORDANCE WITH SECTIONS 2923.44 TO 2923.47 OF  4,907        

THE REVISED CODE; and any property that is forfeited pursuant to   4,909        

                                                          124    

                                                                 
section 2925.42 or 2925.43 of the Revised Code in relation to a    4,910        

felony drug abuse offense, as defined in section 2925.01 of the    4,911        

Revised Code, or in relation to an act that, if committed by an    4,912        

adult, would be a felony drug abuse offense of that nature, may    4,913        

be subject to forfeiture and disposition in accordance with        4,915        

sections 2925.41 to 2925.45 of the Revised Code or this section.   4,916        

      (G)  Any failure of a law enforcement officer or agency, a   4,918        

prosecuting attorney, village solicitor, city director of law, or  4,919        

similar chief legal officer, a court, or the attorney general to   4,920        

comply with any duty imposed by this section in relation to any    4,921        

property seized or with any other provision of this section in     4,922        

relation to any property seized does not affect the validity of    4,923        

the seizure of the property, provided the seizure itself was made  4,924        

in accordance with law, and is not and shall not be considered to  4,925        

be the basis for the suppression of any evidence resulting from    4,926        

the seizure of the property, provided the seizure itself was made  4,927        

in accordance with law.                                            4,928        

      (H)  Contraband that has been forfeited pursuant to          4,930        

division (C) of this section shall not be available for use to     4,931        

pay any fine imposed upon a person who is convicted of or pleads   4,932        

guilty to an underlying criminal offense or a different offense    4,933        

arising out of the same facts and circumstances.                   4,934        

      Sec. 2933.44.  (A)  As used in this section,                 4,945        

"juvenile-related forfeiture order" means any order of forfeiture  4,947        

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  4,949        

order of disposition of property issued by a court under section   4,950        

2933.41 of the Revised Code regarding property that was in the     4,951        

possession of a law enforcement agency in relation to a            4,952        

delinquent child proceeding in a juvenile court.                   4,953        

      (B)  Each certified alcohol and drug addiction treatment     4,956        

program that receives in any calendar year money under division    4,957        

(D)(1)(a) of section 2923.35, DIVISION (B)(7)(c)(i) OF SECTION     4,958        

2923.46, division (B)(8)(c)(i) of section 2925.44, division        4,960        

                                                          125    

                                                                 
(E)(1)(a) of section 2933.41, or division (D)(1)(c)(i) of section  4,961        

2933.43 of the Revised Code subsequent to the issuance of any      4,962        

juvenile-related forfeiture order shall file an annual report for  4,963        

that calendar year with the attorney general and with the court    4,964        

of common pleas and board of county commissioners of the county    4,965        

in which the program is located and of any other county from       4,966        

which the program received money under any of those divisions      4,967        

subsequent to the issuance of the juvenile-related forfeiture      4,968        

order.  The program shall file the report on or before the first   4,969        

day of March in the calendar year following the calendar year in   4,970        

which the program received the money.  The report shall include    4,971        

statistics on the number of persons the program served, identify   4,972        

the types of treatment services it provided to those persons, and  4,973        

include a specific accounting of the purposes for which it used    4,974        

the money so received.  No information contained in the report     4,975        

shall identify, or enable a person to determine the identity of,   4,976        

any person served by the program.                                  4,977        

      Sec. 2941.142.  (A)  IMPOSITION OF A MANDATORY PRISON TERM   4,979        

OF ONE, TWO, OR THREE YEARS PURSUANT TO DIVISION (H) OF SECTION    4,981        

2929.14 OF THE REVISED CODE UPON AN OFFENDER WHO COMMITTED A       4,984        

FELONY THAT IS AN OFFENSE OF VIOLENCE WHILE PARTICIPATING IN A     4,986        

CRIMINAL GANG IS PRECLUDED UNLESS THE INDICTMENT, COUNT IN THE     4,987        

INDICTMENT, OR INFORMATION CHARGING THE FELONY SPECIFIES THAT THE  4,988        

OFFENDER COMMITTED THE FELONY THAT IS AN OFFENSE OF VIOLENCE       4,989        

WHILE PARTICIPATING IN A CRIMINAL GANG.  THE SPECIFICATION SHALL   4,991        

BE STATED AT THE END OF THE BODY OF THE INDICTMENT, COUNT, OR      4,992        

INFORMATION, AND SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:     4,993        

      "SPECIFICATION (OR, SPECIFICATION TO THE FIRST COUNT).  THE  4,996        

GRAND JURORS (OR INSERT THE PERSON'S OR THE PROSECUTING                         

ATTORNEY'S NAME WHEN APPROPRIATE) FURTHER FIND AND SPECIFY THAT    4,998        

(SET FORTH THAT THE OFFENDER COMMITTED THE FELONY THAT IS AN       4,999        

OFFENSE OF VIOLENCE WHILE PARTICIPATING IN A CRIMINAL GANG.)"      5,001        

      (B)  AS USED IN THIS SECTION, "CRIMINAL GANG" HAS THE SAME   5,004        

MEANING AS IN SECTION 2923.41 OF THE REVISED CODE.                 5,005        

                                                          126    

                                                                 
      Sec. 3719.11.  All controlled substances, the lawful         5,014        

possession of which is not established or the title to which       5,015        

cannot be ascertained, which THAT have come into the custody of a  5,017        

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    5,018        

Code, and, unless any such section provides for a different        5,020        

manner of disposition, shall be disposed of as follows:            5,021        

      (A)  The court or magistrate having jurisdiction shall       5,023        

order the controlled substances forfeited and destroyed.  The      5,024        

agency served by the peace officer who obtained or took custody    5,025        

of the controlled substances may destroy them or may send them to  5,026        

the bureau of criminal identification and investigation for        5,027        

destruction by it.  A record of the place where the controlled     5,028        

substances were seized, of the kinds and quantities of controlled  5,029        

substances so destroyed, and of the time, place, and manner of     5,030        

destruction, shall be kept, and a return under oath, reporting     5,031        

the destruction, shall be made by the officer who destroys them    5,032        

to the court or magistrate and to the United States director,      5,033        

bureau of narcotics and dangerous drugs.                           5,034        

      (B)  Upon written application by the department of health,   5,036        

the court or magistrate that ordered the forfeiture of the         5,037        

controlled substances may order the delivery of any of them,       5,038        

except heroin and its salts and derivatives, to the department     5,039        

for distribution or destruction as provided in this section.       5,040        

      (C)  Upon application by any hospital within this state      5,042        

that is not operated for private gain, the department of health    5,043        

may deliver any controlled substances that have come into its      5,044        

custody pursuant to this section to the applicant for medicinal    5,045        

use.  The department may deliver excess stocks of the controlled   5,046        

substances to the United States director, bureau of narcotics and  5,047        

dangerous drugs, or may destroy the excess stocks.                 5,048        

      (D)  The department of health shall keep a complete record   5,050        

of all controlled substances received pursuant to this section     5,051        

and of all controlled substances disposed of pursuant to this      5,052        

                                                          127    

                                                                 
section, showing all of the following:                             5,053        

      (1)  The exact kinds, quantities, and forms of the           5,055        

controlled substances;                                             5,056        

      (2)  The persons from whom they were received and to whom    5,058        

they were delivered;                                               5,059        

      (3)  By whose authority they were received, delivered, or    5,061        

destroyed;                                                         5,062        

      (4)  The dates of their receipt, delivery, or destruction.   5,064        

      (E)  The record required by this section shall be open to    5,066        

inspection by all federal and state officers charged with the      5,067        

enforcement of federal and state narcotic and drug abuse control   5,068        

laws.                                                              5,069        

      Sec. 3719.21.  Except as provided in DIVISION (C) OF         5,078        

SECTION 2923.42, DIVISION (B)(5) OF SECTION 2923.44, divisions     5,079        

(D)(1), (F), and (H) of section 2925.03, division (D)(1) of        5,080        

section 2925.02, 2925.04, or 2925.05, division (E)(1) of section   5,081        

2925.11, division (F) of section 2925.13 or 2925.36, division (D)  5,083        

of section 2925.22, division (H) of section 2925.23, division (M)               

of section 2925.37, division (B)(5) of section 2925.42, division   5,084        

(B) of section 2929.18, division (D) of section 3719.99, division  5,086        

(B)(1) of section 4729.65, and division (E)(3) of section 4729.99  5,087        

of the Revised Code, the clerk of the court shall pay all fines    5,088        

or forfeited bail assessed and collected under prosecutions or     5,089        

prosecutions commenced for violations of this chapter, SECTION     5,090        

2923.42 OF THE REVISED CODE, or Chapter 2925. of the Revised                    

Code, within thirty days, to the executive director of the state   5,091        

board of pharmacy, and the executive director shall deposit the    5,092        

fines into the state treasury to the credit of the occupational    5,093        

licensing and regulatory fund.                                                  

      Sec. 3767.02.  (A)  Any person, who uses, occupies,          5,102        

establishes, or conducts a nuisance, or aids or abets therein,     5,103        

and IN THE USE, OCCUPANCY, ESTABLISHMENT, OR CONDUCT OF A          5,104        

NUISANCE; the owner, agent, or lessee of any AN interest in any    5,105        

such nuisance together with the persons; ANY PERSON WHO IS         5,107        

                                                          128    

                                                                 
employed in or in control of any such THAT nuisance by any such    5,108        

THAT owner, agent, or lessee; AND ANY PERSON WHO IS IN CONTROL OF  5,109        

THAT NUISANCE is guilty of maintaining a nuisance and shall be     5,111        

enjoined as provided in sections 3767.03 to 3767.06, inclusive,    5,112        

3767.11 of the Revised Code.                                                    

      (B)  A CRIMINAL GANG THAT USES OR OCCUPIES ANY BUILDING,     5,114        

PREMISES, OR REAL ESTATE, INCLUDING VACANT LAND, ON MORE THAN TWO  5,115        

OCCASIONS WITHIN A ONE-YEAR PERIOD TO ENGAGE IN A PATTERN OF       5,116        

CRIMINAL GANG ACTIVITY IS GUILTY OF MAINTAINING A NUISANCE AND     5,117        

SHALL BE ENJOINED AS PROVIDED IN SECTIONS 3767.03 TO 3767.11 OF    5,118        

THE REVISED CODE.  AS USED IN THIS DIVISION, "CRIMINAL GANG" AND   5,119        

"PATTERN OF CRIMINAL GANG ACTIVITY" HAVE THE SAME MEANINGS AS IN   5,120        

SECTION 2923.41 OF THE REVISED CODE.                                            

      Sec. 4729.65.  (A)  Except as provided in division (B) of    5,129        

this section, all receipts of the state board of pharmacy, from    5,130        

any source, shall be deposited into the state treasury to the      5,131        

credit of the occupational licensing and regulatory fund.  All     5,132        

vouchers of the board shall be approved by the president or        5,133        

executive director of the board, or both, as authorized by the     5,134        

board.  All initial issuance fees and renewal fees required by     5,135        

sections 4729.01 to 4729.54 of the Revised Code shall be payable   5,136        

by the applicant at the time of making application.                5,137        

      (B)(1)  There is hereby created in the state treasury the    5,140        

board of pharmacy drug law enforcement fund.  All moneys that are  5,141        

derived from any FINES, mandatory fines, or forfeited bail to      5,142        

which the board may be entitled under Chapter 2925., DIVISION      5,144        

(C)(1) OF SECTION 2923.42, or division (B)(5) of section 2925.42   5,146        

of the Revised Code and all moneys that are derived from           5,147        

forfeitures of property to which the board may be entitled         5,148        

pursuant to Chapter 2925. of the Revised Code, section 2923.32,    5,149        

2923.35, 2923.44, 2923.45, 2923.46, or 2933.43 of the Revised      5,150        

Code, any other section of the Revised Code, or federal law shall  5,151        

be deposited into the fund.  Subject to division (B)(2) of this    5,152        

section, division (D)(2)(c) of section 2923.35, DIVISION (B)(5)    5,153        

                                                          129    

                                                                 
OF SECTION 2923.44, DIVISION (B)(7)(c) OF SECTION 2923.46, and     5,156        

divisions (D)(1)(c) and (3) of section 2933.43 of the Revised      5,158        

Code, the moneys in the fund shall be used solely to subsidize     5,159        

the drug law enforcement efforts of the board.                     5,160        

      (2)  Notwithstanding any contrary provision in the Revised   5,162        

Code, moneys that are derived from forfeitures of property         5,163        

pursuant to federal law and that are deposited into the board of   5,164        

pharmacy drug law enforcement fund in accordance with division     5,165        

(B)(1) of this section shall be used and accounted for in          5,166        

accordance with the applicable federal law, and the board          5,167        

otherwise shall comply with that law in connection with the        5,168        

moneys.                                                            5,169        

      (C)  All fines and forfeited bonds assessed and collected    5,171        

under prosecution or prosecution commenced in the enforcement of   5,172        

this chapter shall be paid to the executive director of the board  5,173        

within thirty days and by the executive director paid into the     5,175        

state treasury to the credit of the occupational licensing and                  

regulatory fund.  The board, subject to the approval of the        5,176        

controlling board and except for fees required to be established   5,177        

by the board at amounts "adequate" to cover designated expenses,   5,178        

may establish fees in excess of the amounts provided by this       5,179        

chapter, provided that such fees do not exceed the amounts         5,180        

permitted by this chapter by more than fifty per cent.                          

      Section 2.  That existing sections 109.57, 109.60, 109.61,   5,183        

2151.18, 2151.313, 2151.355, 2151.356, 2929.14, 2933.41, 2933.43,  5,184        

2933.44, 3719.11, 3719.21, 3767.02, and 4729.65 of the Revised     5,185        

Code are hereby repealed.                                          5,186        

      Section 3.  (A)  The General Assembly finds that it is the   5,188        

right of every individual, regardless of race, color, creed,       5,189        

religion, national origin, sex, age, sexual orientation, or        5,190        

handicap, to be secure and protected from fear, intimidation, and  5,191        

physical harm caused by the activities of violent groups and                    

individuals.  It is not the intent of this act to interfere with   5,192        

the exercise of the constitutionally protected rights of freedom   5,193        

                                                          130    

                                                                 
of expression and association.  The General Assembly recognizes    5,194        

the constitutional right of every citizen to harbor and express    5,196        

beliefs on any lawful subject whatsoever, to lawfully associate    5,197        

with others who share similar beliefs, to petition lawfully                     

constituted authority for a redress of grievances, and to          5,198        

participate in the electoral process.                              5,199        

      (B)  The General Assembly finds, however, that the state of  5,201        

Ohio is facing a mounting crisis caused by criminal gangs whose    5,202        

members threaten and terrorize peaceful citizens and commit a      5,203        

multitude of crimes.  These activities, both individually and      5,204        

collectively, present a clear and present danger to public order   5,205        

and safety and are not constitutionally protected.                              

      (C)  It is the intent of the General Assembly to eradicate   5,207        

the terror created by criminal gangs by providing enhanced         5,208        

penalties and by eliminating the patterns, profits, proceeds, and  5,209        

instrumentalities of criminal gang activity.                       5,210        

      Section 4.  That section 2151.355 of the Revised Code, as    5,212        

amended by Am. Sub. H.B. 1 and Am. Sub. H.B. 215 of the 122nd      5,213        

General Assembly, be amended to read as follows:                   5,214        

      Sec. 2151.355.  (A)  If a child is adjudicated a delinquent  5,224        

child, the court may make any of the following orders of           5,226        

disposition:                                                                    

      (1)  Any order that is authorized by section 2151.353 of     5,228        

the Revised Code;                                                  5,229        

      (2)  Place the child on probation under any conditions that  5,231        

the court prescribes.  If the child is adjudicated a delinquent    5,232        

child for violating section 2909.05, 2909.06, or 2909.07 of the    5,234        

Revised Code and if restitution is appropriate under the                        

circumstances of the case, the court shall require the child to    5,235        

make restitution for the property damage caused by the child's     5,236        

violation as a condition of the child's probation.  If the child   5,238        

is adjudicated a delinquent child because the child violated any   5,239        

other section of the Revised Code, the court may require the       5,240        

child as a condition of the child's probation to make restitution  5,241        

                                                          131    

                                                                 
for the property damage caused by the child's violation and for    5,242        

the value of the property that was the subject of the violation    5,243        

the child committed if it would be a theft offense, as defined in  5,244        

division (K) of section 2913.01 of the Revised Code, if committed  5,245        

by an adult.  The restitution may be in the form of a cash         5,246        

reimbursement paid in a lump sum or in installments, the           5,247        

performance of repair work to restore any damaged property to its  5,248        

original condition, the performance of a reasonable amount of      5,249        

labor for the victim approximately equal to the value of the       5,250        

property damage caused by the child's violation or to the value    5,251        

of the property that is the subject of the violation if it would   5,252        

be a theft offense if committed by an adult, the performance of    5,253        

community service or community work, any other form of             5,254        

restitution devised by the court, or any combination of the        5,255        

previously described forms of restitution.                                      

      If the child is adjudicated a delinquent child for           5,257        

violating a law of this state or the United States, or an          5,258        

ordinance or regulation of a political subdivision of this state,  5,259        

that would be a crime if committed by an adult or for violating    5,261        

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

in addition to all other required or permissive conditions of      5,263        

probation that the court imposes upon the delinquent child         5,265        

pursuant to division (A)(2) of this section, shall require the     5,266        

child as a condition of the child's probation to abide by the law  5,267        

during the period of probation, including, but not limited to,     5,268        

complying with the provisions of Chapter 2923. of the Revised      5,269        

Code relating to the possession, sale, furnishing, transfer,       5,270        

disposition, purchase, acquisition, carrying, conveying, or use    5,271        

of, or other conduct involving, a firearm or dangerous ordnance,   5,272        

as defined in section 2923.11 of the Revised Code.                 5,273        

      (3)  Commit the child to the temporary custody of any        5,275        

school, camp, institution, or other facility operated for the      5,277        

care of delinquent children by the county, by a district           5,278        

organized under section 2151.34 or 2151.65 of the Revised Code,    5,279        

                                                          132    

                                                                 
or by a private agency or organization, within or without the      5,280        

state, that is authorized and qualified to provide the care,       5,281        

treatment, or placement required;                                               

      (4)  If the child is adjudicated a delinquent child for      5,283        

committing an act that would be a felony of the third, fourth, or  5,284        

fifth degree if committed by an adult or for violating division    5,286        

(A) of section 2923.211 of the Revised Code, commit the child to   5,287        

the legal custody of the department of youth services for          5,288        

institutionalization for an indefinite term consisting of a        5,289        

minimum period of six months and a maximum period not to exceed    5,290        

the child's attainment of twenty-one years of age;                 5,291        

      (5)(a)  If the child is adjudicated a delinquent child for   5,293        

violating section 2903.03, 2905.01, 2909.02, or 2911.01 or         5,294        

division (A) of section 2903.04 of the Revised Code or for         5,295        

violating any provision of section 2907.02 of the Revised Code     5,296        

other than division (A)(1)(b) of that section when the sexual      5,298        

conduct or insertion involved was consensual and when the victim                

of the violation of division (A)(1)(b) of that section was older   5,300        

than the delinquent child, was the same age as the delinquent      5,301        

child, or was less than three years younger than the delinquent    5,302        

child, commit the child to the legal custody of the department of  5,303        

youth services for institutionalization in a secure facility for   5,304        

an indefinite term consisting of a minimum period of one to three  5,305        

years, as prescribed by the court, and a maximum period not to     5,306        

exceed the child's attainment of twenty-one years of age;          5,307        

      (b)  If the child is adjudicated a delinquent child for      5,310        

violating section 2923.02 of the Revised Code and if the           5,311        

violation involves an attempt to commit a violation of section                  

2903.01 or 2903.02 of the Revised Code, commit the child to the    5,313        

legal custody of the department of youth services for                           

institutionalization in a secure facility for an indefinite term   5,314        

consisting of a minimum period of six to seven years, as           5,315        

prescribed by the court, and a maximum period not to exceed the    5,316        

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

                                                          133    

                                                                 
      (c)  If the child is adjudicated a delinquent child for      5,318        

committing an act that is not described in division (A)(5)(a) or   5,319        

(b) of this section and that would be a felony of the first or     5,320        

second degree if committed by an adult, commit the child to the    5,321        

legal custody of the department of youth services for              5,322        

institutionalization in a secure facility for an indefinite term   5,323        

consisting of a minimum period of one year and a maximum period    5,324        

not to exceed the child's attainment of twenty-one years of age.   5,325        

      (6)  If the child is adjudicated a delinquent child for      5,327        

committing a violation of section 2903.01 or 2903.02 of the        5,328        

Revised Code, commit the child to the legal custody of the         5,330        

department of youth services for institutionalization in a secure  5,331        

facility until the child's attainment of twenty-one years of age;  5,332        

      (7)(a)  If the child is adjudicated a delinquent child for   5,335        

committing an act, other than a violation of section 2923.12 of    5,336        

the Revised Code, that would be a felony if committed by an adult  5,337        

and is committed to the legal custody of the department of youth   5,338        

services pursuant to division (A)(4), (5), or (6) of this section  5,339        

and if the court determines that the child, if the child was an    5,340        

adult, would be guilty of a specification of the type set forth    5,341        

in section 2941.141, 2941.144, 2941.145, or 2941.146 of the        5,342        

Revised Code in relation to the act for which the child was        5,343        

adjudicated a delinquent child, commit the child to the legal      5,344        

custody of the department of youth services for                                 

institutionalization in a secure facility for the following        5,345        

period of time, subject to division (A)(7)(b)(c) of this section:  5,346        

      (i)  If the child would be guilty of a specification of the  5,348        

type set forth in section 2941.141 of the Revised Code, a period   5,349        

of one year;                                                       5,350        

      (ii)  If the child would be guilty of a specification of     5,352        

the type set forth in section 2941.144, 2941.145, or 2941.146 of   5,353        

the Revised Code, a period of three years.                         5,354        

      (b)  IF THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR      5,356        

COMMITTING A CATEGORY ONE OFFENSE OR A CATEGORY TWO OFFENSE AND    5,357        

                                                          134    

                                                                 
IS COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH       5,358        

SERVICES PURSUANT TO DIVISION (A)(5) OR (6) OF THIS SECTION AND    5,359        

IF THE COURT DETERMINES THAT THE CHILD, IF THE CHILD WAS AN        5,360        

ADULT, WOULD BE GUILTY OF A SPECIFICATION OF THE TYPE SET FORTH    5,361        

IN SECTION 2941.142 OF THE REVISED CODE IN RELATION TO THE ACT     5,362        

FOR WHICH THE CHILD WAS ADJUDICATED A DELINQUENT CHILD, THE COURT  5,363        

SHALL COMMIT THE CHILD TO THE LEGAL CUSTODY OF THE DEPARTMENT OF   5,365        

YOUTH SERVICES FOR INSTITUTIONALIZATION IN A SECURE FACILITY FOR                

A PERIOD OF NOT LESS THAN ONE YEAR OR MORE THAN THREE YEARS,       5,366        

SUBJECT TO DIVISION (A)(7)(c) OF THIS SECTION.                     5,368        

      (c)  The court shall not commit a child to the legal         5,371        

custody of the department of youth services pursuant to division   5,372        

(A)(7)(a) OR (b) of this section for a period of time that         5,374        

exceeds three years.  The period of commitment imposed pursuant    5,375        

to division (A)(7)(a) OR (b) of this section shall be in addition  5,377        

to, and shall be served consecutively with and prior to, a period  5,378        

of commitment ordered pursuant to division (A)(4), (5), or (6) of  5,379        

this section, provided that the total of all the periods of        5,380        

commitment shall not exceed the child's attainment of twenty-one   5,381        

years of age.                                                                   

      (8)(a)  Impose a fine and costs in accordance with the       5,384        

schedule set forth in section 2151.3512 of the Revised Code;                    

      (b)  Require the child to make restitution for all or part   5,386        

of the property damage caused by the child's delinquent act and    5,387        

for all or part of the value of the property that was the subject  5,388        

of any delinquent act the child committed that would be a theft    5,389        

offense, as defined in division (K) of section 2913.01 of the      5,390        

Revised Code, if committed by an adult.  If the court determines   5,391        

that the victim of the child's delinquent act was sixty-five       5,392        

years of age or older or permanently and totally disabled at the   5,393        

time of the commission of the act, the court, regardless of        5,394        

whether or not the child knew the age of the victim, shall         5,395        

consider that fact in favor of imposing restitution, but that      5,396        

fact shall not control the decision of the court.  The             5,397        

                                                          135    

                                                                 
restitution may be in the form of a cash reimbursement paid in a   5,398        

lump sum or in installments, the performance of repair work to     5,399        

restore any damaged property to its original condition, the        5,400        

performance of a reasonable amount of labor for the victim, the    5,401        

performance of community service or community work, any other      5,402        

form of restitution devised by the court, or any combination of    5,403        

the previously described forms of restitution.                     5,404        

      (9)  Subject to division (D) of this section, suspend or     5,407        

revoke the driver's license or temporary instruction permit        5,408        

issued to the child or suspend or revoke the registration of all   5,409        

motor vehicles registered in the name of the child;                5,410        

      (10)  If the child is adjudicated a delinquent child for     5,412        

committing an act that, if committed by an adult, would be a       5,414        

criminal offense that would qualify the adult as an eligible                    

offender pursuant to division (A)(3) of section 2929.23 of the     5,415        

Revised Code, impose a period of electronically monitored house    5,416        

detention in accordance with division (I) of this section that     5,418        

does not exceed the maximum sentence of imprisonment that could    5,419        

be imposed upon an adult who commits the same act;                 5,420        

      (11)  IF THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR     5,422        

VIOLATING SECTION 2923.42 OF THE REVISED CODE, THE COURT MAY       5,425        

COMMIT THE CHILD AS AUTHORIZED IN DIVISION (A)(3) OR (5)(c) OF     5,428        

THIS SECTION OR MAY PLACE THE CHILD UNDER ONE OR MORE OF THE       5,429        

FOLLOWING NONRESIDENTIAL SANCTIONS:                                             

      (i)  A PERIOD OF DAY REPORTING IN WHICH THE CHILD IS         5,431        

REQUIRED EACH DAY TO REPORT TO AND LEAVE A CENTER OR OTHER         5,432        

APPROVED REPORTING LOCATION AT SPECIFIED TIMES IN ORDER TO         5,433        

PARTICIPATE IN WORK, EDUCATION OR TRAINING, TREATMENT, AND OTHER   5,434        

APPROVED PROGRAMS AT THE CENTER OR OUTSIDE THE CENTER;             5,435        

      (ii)  A PERIOD OF ELECTRONICALLY MONITORED HOUSE ARREST IN   5,438        

ACCORDANCE WITH DIVISION (I) OF THIS SECTION;                      5,439        

      (iii)  A PERIOD OF COMMUNITY SERVICE OF UP TO FIVE HUNDRED   5,442        

HOURS;                                                                          

      (iv)  A PERIOD IN AN ALCOHOL OR DRUG TREATMENT PROGRAM WITH  5,445        

                                                          136    

                                                                 
A LEVEL OF SECURITY FOR THE CHILD AS DETERMINED NECESSARY BY THE   5,446        

COURT;                                                                          

      (v)  A PERIOD OF INTENSIVE SUPERVISION, IN WHICH THE CHILD   5,449        

IS REQUIRED TO MAINTAIN FREQUENT CONTACT WITH A PERSON APPOINTED   5,450        

BY THE COURT TO SUPERVISE THE CHILD WHILE THE CHILD IS SEEKING OR  5,451        

MAINTAINING EMPLOYMENT AND PARTICIPATING IN TRAINING, EDUCATION,   5,452        

AND TREATMENT PROGRAMS AS THE ORDER OF DISPOSITION;                5,453        

      (vi)  A PERIOD OF BASIC SUPERVISION, IN WHICH THE CHILD IS   5,456        

REQUIRED TO MAINTAIN CONTACT WITH A PERSON APPOINTED TO SUPERVISE  5,457        

THE CHILD IN ACCORDANCE WITH SANCTIONS IMPOSED BY THE COURT;       5,458        

      (vii)  A PERIOD OF DRUG AND ALCOHOL USE MONITORING;          5,461        

      (viii)  A PERIOD IN WHICH THE COURT ORDERS THE CHILD TO      5,464        

OBSERVE A CURFEW THAT MAY INVOLVE DAYTIME OR EVENING HOURS;        5,465        

      (ix)  A REQUIREMENT THAT THE CHILD OBTAIN A HIGH SCHOOL      5,468        

DIPLOMA, A CERTIFICATE OF HIGH SCHOOL EQUIVALENCE, OR EMPLOYMENT;  5,469        

      (x)  A SUSPENSION OF THE CHILD'S DRIVER'S LICENSE OR         5,471        

TEMPORARY INSTRUCTION PERMIT PURSUANT TO DIVISION (A)(9) OF THIS   5,473        

SECTION;                                                                        

      (xi)  IF THE COURT OBTAINS THE ASSENT OF THE VICTIM OF THE   5,476        

CRIMINAL ACT COMMITTED BY THE CHILD, A REQUIREMENT THAT THE CHILD  5,477        

PARTICIPATE IN A RECONCILIATION OR MEDIATION PROGRAM THAT          5,478        

INCLUDES A MEETING IN WHICH THE CHILD AND THE VICTIM MAY DISCUSS   5,479        

THE CRIMINAL ACT, DISCUSS RESTITUTION, AND CONSIDER OTHER          5,480        

SANCTIONS FOR THE CRIMINAL ACT.                                                 

      (12)  Commit the child to the temporary or permanent         5,482        

custody of the court;                                              5,483        

      (12)(13)  Make any further disposition that the court finds  5,485        

proper, except that the child shall not be placed in any of the    5,486        

following:                                                                      

      (a)  A state correctional institution, a county,             5,489        

multicounty, or municipal jail or workhouse, or another place in   5,490        

which an adult convicted of a crime, under arrest, or charged      5,491        

with a crime is held;                                                           

      (b)  A community corrections facility, if the child would    5,494        

                                                          137    

                                                                 
be covered by the definition of public safety beds for purposes    5,495        

of sections 5139.41 to 5139.45 of the Revised Code if the court    5,496        

exercised its authority to commit the child to the legal custody   5,497        

of the department of youth services for institutionalization or    5,498        

institutionalization in a secure facility pursuant to division     5,499        

(A)(4), (5), or (6) of this section.  As used in division          5,500        

(A)(12)(b) of this section, "community corrections facility" and   5,501        

"public safety beds" have the same meanings as in section 5139.01  5,502        

of the Revised Code.                                               5,503        

      (B)(1)  If a child is adjudicated a delinquent child for     5,506        

violating section 2923.32 of the Revised Code, the court, in       5,507        

addition to any order of disposition it makes for the child under  5,508        

division (A) of this section, shall enter an order of criminal     5,509        

forfeiture against the child, in accordance with divisions         5,510        

(B)(3), (4), (5), and (6) and (C) to (F) of section 2923.32 of     5,511        

the Revised Code.                                                               

      (2)  If a child is adjudicated a delinquent child for        5,514        

committing two or more acts that would be felonies if committed                 

by an adult and if the court entering the delinquent child         5,515        

adjudication orders the commitment of the child, for two or more   5,516        

of those acts, to the legal custody of the department of youth     5,517        

services for institutionalization or institutionalization in a     5,518        

secure facility pursuant to division (A)(4), (5), or (6) of this   5,519        

section, the court may order that all of the periods of            5,520        

commitment imposed under those divisions for those acts be served  5,522        

consecutively in the legal custody of the department of youth      5,523        

services and, if applicable, be in addition to and commence        5,524        

immediately following the expiration of a period of commitment     5,525        

that the court imposes pursuant to division (A)(7) of this         5,526        

section.  A court shall not commit a delinquent child to the       5,527        

legal custody of the department of youth services under division   5,528        

(B)(2) of this section for a period that exceeds the child's       5,529        

attainment of twenty-one years of age.                                          

      (C)  If a child is adjudicated a delinquent child for        5,531        

                                                          138    

                                                                 
committing an act that, if committed by an adult, would be a drug  5,533        

abuse offense, as defined in section 2925.01 of the Revised Code,  5,534        

or for violating division (B) of section 2917.11 of the Revised    5,535        

Code, in addition to imposing in its discretion any other order    5,536        

of disposition authorized by this section, the court shall do      5,537        

both of the following:                                                          

      (1)  Require the child to participate in a drug abuse or     5,539        

alcohol abuse counseling program;                                  5,540        

      (2)  Suspend or revoke the temporary instruction permit or   5,542        

probationary operator's license issued to the child until the      5,543        

child attains eighteen years of age or attends, at the discretion  5,545        

of the court, and satisfactorily completes, a drug abuse or        5,546        

alcohol abuse education, intervention, or treatment program        5,547        

specified by the court.  During the time the child is attending    5,548        

the program, the court shall retain any temporary instruction      5,549        

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

shall return the permit or license when the child satisfactorily   5,550        

completes the program.                                             5,551        

      (D)  If a child is adjudicated a delinquent child for        5,554        

violating section 2923.122 of the Revised Code, the court, in                   

addition to any order of disposition it makes for the child under  5,556        

division (A), (B), or (C) of this section, shall revoke the        5,558        

temporary instruction permit and deny the child the issuance of    5,559        

another temporary instruction permit in accordance with division   5,560        

(E)(1)(b) of section 2923.122 of the Revised Code or shall                      

suspend the probationary driver's license, restricted license, or  5,563        

nonresident operating privilege of the child or deny the child     5,564        

the issuance of a probationary driver's license, restricted        5,565        

license, or temporary instruction permit in accordance with        5,566        

division (E)(1)(a), (c), (d), or (e) of section 2923.122 of the    5,567        

Revised Code.                                                                   

      (E)(1)  At the dispositional hearing and prior to making     5,569        

any disposition pursuant to division (A) of this section, the      5,570        

court shall determine whether a victim of the delinquent act       5,571        

                                                          139    

                                                                 
committed by the child was five years of age or younger at the     5,572        

time the delinquent act was committed, whether a victim of the     5,573        

delinquent act sustained physical harm to the victim's person      5,574        

during the commission of or otherwise as a result of the           5,575        

delinquent act, whether a victim of the delinquent act was         5,576        

sixty-five years of age or older or permanently and totally        5,577        

disabled at the time the delinquent act was committed, and         5,578        

whether the delinquent act would have been an offense of violence  5,579        

if committed by an adult.  If the victim was five years of age or  5,580        

younger at the time the delinquent act was committed, sustained    5,581        

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

otherwise as a result of the delinquent act, or was sixty-five     5,582        

years of age or older or permanently and totally disabled at the   5,584        

time the act was committed, regardless of whether the child knew   5,585        

the age of the victim, and if the act would have been an offense   5,586        

of violence if committed by an adult, the court shall consider     5,587        

those facts in favor of imposing commitment under division         5,588        

(A)(3), (4), (5), or (6) of this section, but those facts shall    5,589        

not control the court's decision.                                               

      (2)  At the dispositional hearing and prior to making any    5,591        

disposition pursuant to division (A)(4), (5), or (6) of this       5,592        

section, the court shall determine whether the delinquent child    5,593        

previously has been adjudicated a delinquent child for a           5,594        

violation of a law or ordinance.  If the delinquent child          5,595        

previously has been adjudicated a delinquent child for a           5,596        

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

entering an order of disposition for the delinquent child under    5,597        

this section, shall consider the previous delinquent child         5,599        

adjudication as a conviction of a violation of the law or          5,600        

ordinance in determining the degree of offense the current                      

delinquent act would be had it been committed by an adult.         5,601        

      (F)(1)  When a juvenile court commits a delinquent child to  5,603        

the custody of the department of youth services pursuant to this   5,604        

section, the court shall not designate the specific institution    5,605        

                                                          140    

                                                                 
in which the department is to place the child but instead shall    5,607        

specify that the child is to be institutionalized or that the      5,608        

institutionalization is to be in a secure facility if that is                   

required by division (A) of this section.                          5,609        

      (2)  When a juvenile court commits a delinquent child to     5,611        

the custody of the department of youth services, the court shall   5,612        

provide the department with the child's medical records, a copy    5,613        

of the report of any mental examination of the child ordered by    5,615        

the court, the section or sections of the Revised Code violated    5,616        

by the child and the degree of the violation, the warrant to       5,617        

convey the child to the department, and a copy of the court's      5,618        

journal entry ordering the commitment of the child to the legal    5,619        

custody of the department.  The court also shall complete the      5,620        

form for the standard predisposition investigation report that is  5,621        

developed and furnished by the department of youth services                     

pursuant to section 5139.04 of the Revised Code and provide the    5,622        

department with the completed form.  The department may refuse to  5,623        

accept physical custody of a delinquent child who is committed to  5,625        

the legal custody of the department until the court provides to    5,626        

the department the documents specified in division (F)(2) of this  5,627        

section.  No officer or employee of the department who refuses to  5,628        

accept physical custody of a delinquent child who is committed to  5,629        

the legal custody of the department shall be subject to                         

prosecution or contempt of court for the refusal if the court      5,630        

fails to provide the documents specified in division (F)(2) of     5,631        

this section at the time the court transfers the physical custody  5,632        

of the child to the department.                                    5,633        

      (3)  Within five working days after the juvenile court       5,635        

commits a delinquent child to the custody of the department of     5,636        

youth services, the court shall provide the department with a      5,637        

copy of the arrest record pertaining to the act for which the      5,638        

child was adjudicated a delinquent child, a copy of any victim     5,639        

impact statement pertaining to that act, and any other             5,640        

information concerning the child that the department reasonably    5,641        

                                                          141    

                                                                 
requests.  Within twenty working days after the department of      5,642        

youth services receives physical custody of a delinquent child     5,643        

from a juvenile court, the court shall provide the department      5,644        

with a certified copy of the child's birth certificate or the      5,646        

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

reasonable efforts to obtain the information but was               5,647        

unsuccessful, the court shall provide the department with          5,648        

documentation of the efforts it made to obtain the information.    5,649        

      (4)  When a juvenile court commits a delinquent child to     5,651        

the custody of the department of youth services, the court shall   5,652        

give notice to the school attended by the child of the child's     5,653        

commitment by sending to that school a copy of the court's         5,654        

journal entry ordering the commitment.  As soon as possible after  5,655        

receipt of the notice described in this division, the school       5,656        

shall provide the department with the child's school transcript.   5,657        

However, the department shall not refuse to accept a child         5,658        

committed to it, and a child committed to it shall not be held in  5,659        

a county or district detention home, because of a school's         5,660        

failure to provide the school transcript that it is required to    5,661        

provide under division (F)(4) of this section.                     5,662        

      (5)  The department of youth services shall provide the      5,664        

court and the school with an updated copy of the child's school    5,665        

transcript and shall provide the court with a summary of the       5,666        

institutional record of the child when it releases the child from  5,667        

institutional care.  The department also shall provide the court   5,668        

with a copy of any portion of the child's institutional record     5,669        

that the court specifically requests within five working days of   5,670        

the request.                                                                    

      (6)  When a juvenile court commits a delinquent child to     5,672        

the custody of the department of youth services pursuant to        5,673        

division (A)(4) or (5) of this section, the court shall state in   5,674        

the order of commitment the total number of days that the child    5,675        

has been held, as of the date of the issuance of the order, in     5,676        

detention in connection with the delinquent child complaint upon   5,677        

                                                          142    

                                                                 
which the order of commitment is based.  The department shall      5,679        

reduce the minimum period of institutionalization or minimum       5,680        

period of institutionalization in a secure facility specified in   5,681        

division (A)(4) or (5) of this section by both the total number    5,682        

of days that the child has been so held in detention as stated by  5,683        

the court in the order of commitment and the total number of any   5,684        

additional days that the child has been held in detention          5,685        

subsequent to the order of commitment but prior to the transfer    5,686        

of physical custody of the child to the department.                             

      (G)(1)  At any hearing at which a child is adjudicated a     5,689        

delinquent child or as soon as possible after the hearing, the                  

court shall notify all victims of the delinquent act, who may be   5,690        

entitled to a recovery under any of the following sections, of     5,691        

the right of the victims to recover, pursuant to section 3109.09   5,692        

of the Revised Code, compensatory damages from the child's         5,693        

parents; of the right of the victims to recover, pursuant to       5,694        

section 3109.10 of the Revised Code, compensatory damages from     5,695        

the child's parents for willful and malicious assaults committed   5,696        

by the child; and of the right of the victims to recover an award  5,697        

of reparations pursuant to sections 2743.51 to 2743.72 of the      5,698        

Revised Code.                                                      5,699        

      (2)  If a child is adjudicated a delinquent child for        5,702        

committing an act that, if committed by an adult, would be         5,703        

aggravated murder, murder, rape, felonious sexual penetration in                

violation of former section 2907.12 of the Revised Code,           5,704        

involuntary manslaughter, a felony of the first or second degree   5,706        

resulting in the death of or physical harm to a person,            5,707        

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   5,708        

or was substantially equivalent to any of those offenses and if    5,709        

the court in its order of disposition for that act commits the     5,710        

child to the custody of the department of youth services, the      5,711        

court may make a specific finding that the adjudication should be  5,712        

considered a conviction for purposes of a determination in the     5,713        

                                                          143    

                                                                 
future, pursuant to Chapter 2929. of the Revised Code, as to       5,714        

whether the child is a repeat violent offender as defined in       5,715        

section 2929.01 of the Revised Code.  If the court makes a         5,716        

specific finding as described in this division, it shall include   5,717        

the specific finding in its order of disposition and in the        5,718        

record in the case.                                                             

      (H)(1)  If a child is adjudicated a delinquent child for     5,720        

committing an act that would be a felony if committed by an adult  5,722        

and if the child caused, attempted to cause, threatened to cause,  5,723        

or created the risk of physical harm to the victim of the act,     5,724        

the court, prior to issuing an order of disposition under this     5,725        

section, shall order the preparation of a victim impact statement  5,726        

by the probation department of the county in which the victim of   5,727        

the act resides, by the court's own probation department, or by a  5,728        

victim assistance program that is operated by the state, a         5,729        

county, a municipal corporation, or another governmental entity.   5,730        

The court shall consider the victim impact statement in            5,731        

determining the order of disposition to issue for the child.       5,732        

      (2)  Each victim impact statement shall identify the victim  5,734        

of the act for which the child was adjudicated a delinquent        5,735        

child, itemize any economic loss suffered by the victim as a       5,736        

result of the act, identify any physical injury suffered by the    5,737        

victim as a result of the act and the seriousness and permanence   5,738        

of the injury, identify any change in the victim's personal        5,739        

welfare or familial relationships as a result of the act and any   5,740        

psychological impact experienced by the victim or the victim's     5,741        

family as a result of the act, and contain any other information   5,742        

related to the impact of the act upon the victim that the court    5,743        

requires.                                                          5,744        

      (3)  A victim impact statement shall be kept confidential    5,746        

and is not a public record, as defined in section 149.43 of the    5,747        

Revised Code.  However, the court may furnish copies of the        5,748        

statement to the department of youth services pursuant to          5,749        

division (F)(3) of this section or to both the adjudicated         5,750        

                                                          144    

                                                                 
delinquent child or the adjudicated delinquent child's counsel     5,751        

and the prosecuting attorney.  The copy of a victim impact         5,753        

statement furnished by the court to the department pursuant to     5,754        

division (F)(3) of this section shall be kept confidential and is  5,755        

not a public record, as defined in section 149.43 of the Revised   5,756        

Code.  The copies of a victim impact statement that are made       5,757        

available to the adjudicated delinquent child or the adjudicated   5,758        

delinquent child's counsel and the prosecuting attorney pursuant   5,760        

to division (H)(3) of this section shall be returned to the court  5,763        

by the person to whom they were made available immediately         5,764        

following the imposition of an order of disposition for the child  5,765        

under this section.                                                             

      (I)(1)  As used in this division (I)(2) OF THIS SECTION,     5,768        

"felony drug abuse offense" has the same meaning as in section     5,769        

2925.01 of the Revised Code.                                       5,770        

      (2)  Sections 2925.41 to 2925.45 of the Revised Code apply   5,772        

to children who are adjudicated or could be adjudicated by a       5,773        

juvenile court to be delinquent children for an act that, if       5,774        

committed by an adult, would be a felony drug abuse offense.       5,775        

Subject to division (B) of section 2925.42 and division (E) of     5,776        

section 2925.43 of the Revised Code, a delinquent child of that    5,777        

nature loses any right to the possession of, and forfeits to the   5,778        

state any right, title, and interest that the delinquent child     5,779        

may have in, property as defined in section 2925.41 and further    5,781        

described in section 2925.42 or 2925.43 of the Revised Code.       5,782        

      (3)  SECTIONS 2923.44 TO 2923.47 OF THE REVISED CODE APPLY   5,785        

TO CHILDREN WHO ARE ADJUDICATED OR COULD BE ADJUDICATED BY A       5,786        

JUVENILE COURT TO BE DELINQUENT CHILDREN FOR AN ACT IN VIOLATION   5,787        

OF SECTION 2923.42 OF THE REVISED CODE.  SUBJECT TO DIVISION (B)   5,789        

OF SECTION 2923.44 AND DIVISION (E) OF SECTION 2923.45 OF THE      5,790        

REVISED CODE, A DELINQUENT CHILD OF THAT NATURE LOSES ANY RIGHT    5,791        

TO THE POSSESSION OF, AND FORFEITS TO THE STATE ANY RIGHT, TITLE,               

AND INTEREST THAT THE DELINQUENT CHILD MAY HAVE IN, PROPERTY AS    5,792        

DEFINED IN SECTION 2923.41 OF THE REVISED CODE AND FURTHER         5,793        

                                                          145    

                                                                 
DESCRIBED IN SECTION 2923.44 OR 2923.45 OF THE REVISED CODE.       5,794        

      (J)(1)  As used in this section:                             5,796        

      (a)  "Electronic monitoring device," "certified electronic   5,798        

monitoring device," "electronic monitoring system," and            5,799        

"certified electronic monitoring system" have the same meanings    5,800        

as in section 2929.23 of the Revised Code.                         5,801        

      (b)  "Electronically monitored house detention" means a      5,803        

period of confinement of a child in the child's home or in other   5,804        

premises specified by the court, during which period of            5,806        

confinement all of the following apply:                            5,807        

      (i)  The child wears, otherwise has attached to the child's  5,809        

person, or otherwise is subject to monitoring by a certified       5,810        

electronic monitoring device or is subject to monitoring by a      5,811        

certified electronic monitoring system.                            5,812        

      (ii)  The child is required to remain in the child's home    5,814        

or other premises specified by the court for the specified period  5,815        

of confinement, except for periods of time during which the child  5,816        

is at school or at other premises as authorized by the court.      5,817        

      (iii)  The child is subject to monitoring by a central       5,819        

system that monitors the certified electronic monitoring device    5,820        

that is attached to the child's person or that otherwise is being  5,821        

used to monitor the child and that can monitor and determine the   5,823        

child's location at any time or at a designated point in time, or  5,824        

the child is required to participate in monitoring by a certified  5,826        

electronic monitoring system.                                      5,827        

      (iv)  The child is required by the court to report           5,829        

periodically to a person designated by the court.                  5,830        

      (v)  The child is subject to any other restrictions and      5,832        

requirements that may be imposed by the court.                     5,833        

      (2)  A juvenile court, pursuant to division (A)(10) of this  5,835        

section, may impose a period of electronically monitored house     5,836        

detention upon a child who is adjudicated a delinquent child for   5,837        

committing an act that, if committed by an adult, would be a       5,838        

criminal offense that would qualify the adult as an eligible       5,839        

                                                          146    

                                                                 
offender pursuant to division (A)(3) of section 2929.23 of the     5,840        

Revised Code.  The court may impose a period of electronically     5,841        

monitored house detention in addition to or in lieu of any other   5,842        

dispositional order imposed upon the child, except that any        5,843        

period of electronically monitored house detention shall not       5,844        

extend beyond the child's eighteenth birthday.  If a court         5,845        

imposes a period of electronically monitored house detention upon  5,846        

a child, it shall require the child to wear, otherwise have        5,847        

attached to the child's person, or otherwise be subject to         5,848        

monitoring by a certified electronic monitoring device or to       5,850        

participate in the operation of and monitoring by a certified      5,851        

electronic monitoring system; to remain in the child's home or     5,852        

other specified premises for the entire period of electronically   5,854        

monitored house detention except when the court permits the child  5,855        

to leave those premises to go to school or to other specified      5,856        

premises; to be monitored by a central system that monitors the    5,857        

certified electronic monitoring device that is attached to the     5,858        

child's person or that otherwise is being used to monitor the      5,859        

child and that can monitor and determine the child's location at   5,860        

any time or at a designated point in time or to be monitored by    5,861        

the certified electronic monitoring system; to report              5,862        

periodically to a person designated by the court; and, in return   5,863        

for receiving a dispositional order of electronically monitored    5,864        

house detention, to enter into a written contract with the court   5,865        

agreeing to comply with all restrictions and requirements imposed  5,866        

by the court, agreeing to pay any fee imposed by the court for     5,867        

the costs of the electronically monitored house detention imposed  5,868        

by the court pursuant to division (E) of section 2929.23 of the    5,869        

Revised Code, and agreeing to waive the right to receive credit    5,870        

for any time served on electronically monitored house detention    5,871        

toward the period of any other dispositional order imposed upon    5,872        

the child for the act for which the dispositional order of         5,873        

electronically monitored house detention was imposed if the child  5,874        

violates any of the restrictions or requirements of the            5,875        

                                                          147    

                                                                 
dispositional order of electronically monitored house detention.   5,876        

The court also may impose other reasonable restrictions and        5,877        

requirements upon the child.                                                    

      (3)  If a child violates any of the restrictions or          5,879        

requirements imposed upon the child as part of the child's         5,880        

dispositional order of electronically monitored house detention,   5,881        

the child shall not receive credit for any time served on          5,882        

electronically monitored house detention toward any other          5,883        

dispositional order imposed upon the child for the act for which   5,884        

the dispositional order of electronically monitored house          5,886        

detention was imposed.                                                          

      (K)  Within ten days after completion of the adjudication,   5,888        

the court shall give written notice of an adjudication that a      5,889        

child is a delinquent child to the superintendent of a city,       5,890        

local, exempted village, or joint vocational school district if    5,891        

the basis of the adjudication was the commission of an act that    5,892        

would be a criminal offense if committed by an adult and that was  5,893        

committed by the delinquent child when the child was sixteen       5,894        

years of age or older and if the act is any of the following:      5,895        

      (1)  A violation of section 2923.122 of the Revised Code     5,897        

that relates to property owned or controlled by, or to an          5,898        

activity held under the auspices of, the board of education of     5,899        

that school district;                                              5,900        

      (2)  A violation of section 2923.12 of the Revised Code or   5,902        

of a substantially similar municipal ordinance that was committed  5,903        

on property owned or controlled by, or at an activity held under   5,904        

the auspices of, the board of education of that school district;   5,905        

      (3)  A violation of division (A) of section 2925.03 or       5,907        

2925.11 of the Revised Code that was committed on property owned   5,908        

or controlled by, or at an activity held under the auspices of,    5,909        

the board of education of that school district and that is not a   5,910        

minor drug possession offense as defined in section 2925.01 of     5,911        

the Revised Code;                                                               

      (4)  A violation of section 2903.01, 2903.02, 2903.03,       5,913        

                                                          148    

                                                                 
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised      5,915        

Code, or a violation of former section 2907.12 of the Revised                   

Code, that was committed on property owned or controlled by, or    5,916        

at an activity held under the auspices of, the board of education  5,917        

of that school district, if the victim at the time of the          5,919        

commission of the act was an employee of the board of education    5,920        

of that school district;                                                        

      (5)  Complicity in any violation described in division       5,922        

(K)(1), (2), (3), or (4) of this section that was alleged to have  5,924        

been committed in the manner described in division (K)(1), (2),    5,925        

(3), or (4) of this section, regardless of whether the act of      5,927        

complicity was committed on property owned or controlled by, or    5,928        

at an activity held under the auspices of, the board of education  5,929        

of that school district.                                           5,930        

      (L)  During the period of a delinquent child's probation     5,932        

granted under division (A)(2) of this section, authorized          5,935        

probation officers who are engaged within the scope of their       5,936        

supervisory duties or responsibilities may search, with or         5,937        

without a warrant, the person of the delinquent child, the place                

of residence of the delinquent child, and a motor vehicle,         5,938        

another item of tangible or intangible personal property, or       5,939        

other real property in which the delinquent child has a right,     5,940        

title, or interest or for which the delinquent child has the       5,941        

express or implied permission of a person with a right, title, or  5,942        

interest to use, occupy, or possess if the probation officers      5,943        

have reasonable grounds to believe that the delinquent child is    5,944        

not abiding by the law or otherwise is not complying with the      5,945        

conditions of the delinquent child's probation.  The court that    5,946        

places a delinquent child on probation under division (A)(2) of    5,947        

this section shall provide the delinquent child with a written     5,948        

notice that informs the delinquent child that authorized           5,949        

probation officers who are engaged within the scope of their       5,950        

supervisory duties or responsibilities may conduct those types of  5,952        

searches during the period of probation if they have reasonable                 

                                                          149    

                                                                 
grounds to believe that the delinquent child is not abiding by     5,953        

the law or otherwise is not complying with the conditions of the   5,954        

delinquent child's probation.  The court also shall provide the    5,955        

written notice described in division (C)(2)(b) of section          5,956        

2151.411 of the Revised Code to each parent, guardian, or                       

custodian of the delinquent child who is described in division     5,957        

(C)(2)(a) of that section.                                         5,958        

      Section 5.  That all existing versions of section 2151.355   5,960        

of the Revised Code are hereby repealed.                           5,961        

      Section 6.  (A)  Sections 4 and 5 of this act shall take     5,963        

effect July 1, 1998.                                                            

      (B)  Section 2151.355 of the Revised Code, as amended by     5,965        

Sections 4 and 5 of this act, is presented as a composite of the   5,967        

section as amended by both Am. Sub. H.B. 1 and Am. Sub. H.B. 215   5,968        

of the 122nd General Assembly, with the new language of neither    5,970        

of the acts shown in capital letters.  This is in recognition of   5,971        

the principle stated in division (B) of section 1.52 of the        5,972        

Revised Code that such amendments are to be harmonized where not   5,973        

substantively irreconcilable and constitutes a legislative         5,974        

finding that such is the resulting version in effect on and after  5,975        

July 1, 1998.                                                                   

      Section 7.  Section 3719.21 of the Revised Code is           5,978        

presented in Section 1 of this act as a composite of the section   5,979        

as amended by both Am. Sub. S.B. 269 and Am. Sub. S.B. 166 of the  5,980        

121st General Assembly, with the new language of neither of the    5,981        

acts shown in capital letters.  This is in recognition of the      5,982        

principle stated in division (B) of section 1.52 of the Revised    5,983        

Code that such amendments are to be harmonized where not           5,984        

substantively irreconcilable and constitutes a legislative         5,985        

finding that such is the resulting version in effect prior to the  5,986        

effective date of this act.