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
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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
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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
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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
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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
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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
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"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
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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
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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
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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.