As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 2 5
1997-1998 6
REPRESENTATIVES GARCIA-WOMER BENJAMIN-ROMAN-SALERNO-VAN VYVEN- 8
BATEMAN-WINKLER-NETZLEY-SCHURING-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
SENATORS B. JOHNSON-LATTA-BLESSING 13
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A B I L L
To amend sections 109.57, 109.60, 109.61, 109.83, 17
177.01, 177.02, 177.03, 2151.18, 2151.313, 18
2151.355, 2151.356, 2929.14, 2933.41, 2933.43, 19
2933.44, 3719.11, 3719.21, 3767.02, and 4729.65 20
and to enact sections 2923.41 to 2923.47 and 21
2941.142 of the Revised Code to establish the 22
offense of participating in a criminal gang, to 24
enhance the penalty imposed upon an offender or 25
delinquent child who commits a felony that is an 27
offense of violence while participating in a 29
criminal gang, to prescribe procedures for the 30
forfeiture and disposition of property relating 31
to participating in a criminal gang, to authorize 32
the Organized Crime Investigations Commission to
hire consultants, to modify requirements for the 34
security clearance investigations of its
director, employees, and consultants, to 35
authorize establishing a multicounty organized 36
crime task force for nonadjacent counties, to
modify the circumstances when the Attorney 37
General may provide legal assistance to an 38
organized crime task force, to permit the 39
Attorney General and designees to appear in civil 40
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proceedings related to crimes investigated by the 41
Commission or any organized crime task force, and 42
to modify the juvenile fingerprinting laws. 44
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 46
Section 1. That sections 109.57, 109.60, 109.61, 109.83, 48
177.01, 177.02, 177.03, 2151.18, 2151.313, 2151.355, 2151.356, 50
2929.14, 2933.41, 2933.43, 2933.44, 3719.11, 3719.21, 3767.02, 51
and 4729.65 be amended and sections 2923.41, 2923.42, 2923.43, 53
2923.44, 2923.45, 2923.46, 2923.47, and 2941.142 of the Revised 55
Code be enacted to read as follows:
Sec. 109.57. (A)(1) As used in this section: 64
(a) "Designated delinquent act or juvenile offense" means 66
any of the following: 67
(i) Any category one offense or category two offense; 70
(ii) Any violation of section 2907.03, 2907.04, or 2907.05 72
of the Revised Code; 73
(iii) Any violation of section 2907.12 of the Revised Code 76
as it existed prior to September 3, 1996;
(iv) Any attempt to commit a violation of section 2907.02, 78
2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a 79
violation of section 2907.12 of the Revised Code as it existed 80
prior to September 3, 1996; 81
(v) A violation of any law that arose out of the same 83
facts and circumstances as did a charge against the child of a 84
violation of section 2907.02, 2907.03, 2907.04, or 2907.05 of the 86
Revised Code that previously was dismissed or as did a charge 87
against the child of a violation of section 2907.12 of the 88
Revised Code as it existed prior to September 3, 1996, that 89
previously was dismissed;
(vi) Any violation of section 2905.02 or 2919.23 of the 91
Revised Code that would have been a violation of section 2905.04 92
of the Revised Code as it existed prior to July 1, 1996, had the 93
violation been committed prior to that date. 94
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(b) "Category one offense" and "category two offense" have 96
the same meanings as in section 2151.26 of the Revised Code. 98
(2) The superintendent of the bureau of criminal 101
identification and investigation shall procure from wherever
procurable and file for record photographs, pictures, 103
descriptions, fingerprints, measurements, and other information 104
that may be pertinent of all persons who have been convicted of 105
committing within this state a felony, any crime constituting a 107
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 109
section 109.572 of the Revised Code, of all children fourteen 110
years of age or older and under eighteen years of age who have 111
been adjudicated delinquent children for committing within this 112
state a designated delinquent AN act or juvenile THAT WOULD BE A 113
FELONY OR AN offense OF VIOLENCE IF COMMITTED BY AN ADULT or who 114
have been convicted of or pleaded guilty to committing within 116
this state a designated delinquent act or juvenile FELONY OR AN 118
offense OF VIOLENCE, and of all well-known and habitual 119
criminals. The person in charge of any county, multicounty, 121
municipal, municipal-county, or multicounty-municipal jail or 122
workhouse, community-based correctional facility, halfway house, 123
alternative residential facility, or state correctional 124
institution and the person in charge of any state institution 125
having custody of a person suspected of having committed a 126
felony, any crime constituting a misdemeanor on the first offense 127
and a felony on subsequent offenses, or any misdemeanor described 128
in division (A)(1)(a) of section 109.572 of the Revised Code or 129
having custody of a child fourteen years of age or older and 132
under eighteen years of age with respect to whom there is
probable cause to believe that the child may have committed a 134
designated delinquent AN act or juvenile THAT WOULD BE A FELONY 135
OR AN offense OF VIOLENCE IF COMMITTED BY AN ADULT shall furnish 136
such material to the superintendent of the bureau. Fingerprints, 139
photographs, or other descriptive information of a child who is 140
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under eighteen years of age, has not been arrested or otherwise 141
taken into custody for committing an act that is WOULD BE a 142
designated delinquent act FELONY or juvenile AN offense OF 143
VIOLENCE IF COMMITTED BY AN ADULT, has not been adjudicated a 145
delinquent child for committing a designated delinquent AN act or 147
juvenile THAT WOULD BE A FELONY OR AN offense OF VIOLENCE IF 148
COMMITTED BY AN ADULT, has not been convicted of or pleaded 149
guilty to committing a designated delinquent act FELONY or 150
juvenile AN offense OF VIOLENCE, and is not a child with respect 151
to whom there is probable cause to believe that the child may 153
have committed a designated delinquent AN act or juvenile THAT 154
WOULD BE A FELONY OR AN offense OF VIOLENCE IF COMMITTED BY AN 155
ADULT shall not be procured by the superintendent or furnished by 156
any person in charge of any county, multicounty, municipal, 158
municipal-county, or multicounty-municipal jail or workhouse, 159
community-based correctional facility, halfway house, alternative 160
residential facility, or state correctional institution, except 161
as authorized in section 2151.313 of the Revised Code. 162
(3)(2) Every clerk of a court of record in this state, 165
other than the supreme court or a court of appeals, shall send to 166
the superintendent of the bureau a weekly report containing a 168
summary of each case involving a felony, involving any crime 169
constituting a misdemeanor on the first offense and a felony on 171
subsequent offenses, involving a misdemeanor described in 172
division (A)(1)(a) of section 109.572 of the Revised Code, or 173
involving an adjudication that a child under eighteen years of 174
age is A delinquent child for committing a designated delinquent 176
AN act THAT WOULD BE A FELONY or juvenile AN offense OF VIOLENCE 177
IF COMMITTED BY AN ADULT. The clerk of the court of common pleas 179
shall include in the report and summary the clerk sends under 180
this division all information described in divisions (A)(3)(2)(a) 181
to (f) of this section regarding a case before the court of 182
appeals that is served by that clerk. The summary shall be 183
written on the standard forms furnished by the superintendent 185
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pursuant to division (B) of this section and shall include the 186
following information:
(a) The incident tracking number contained on the standard 188
forms furnished by the superintendent pursuant to division (B) of 189
this section; 190
(b) The style and number of the case; 192
(c) The date of arrest; 194
(d) The date that the person was convicted of or pleaded 196
guilty to the offense, adjudicated a delinquent child for 197
committing the act that is WOULD BE a designated delinquent act 199
FELONY or juvenile AN offense OF VIOLENCE IF COMMITTED BY AN 200
ADULT, found not guilty of the offense, or found not to be a 201
delinquent child for committing an act that is WOULD BE a 202
designated delinquent act FELONY or juvenile AN offense OF 204
VIOLENCE IF COMMITTED BY AN ADULT, the date of an entry
dismissing the charge, an entry declaring a mistrial of the 206
offense in which the person is discharged, an entry finding that 207
the person or child is not competent to stand trial, or an entry 208
of a nolle prosequi, or the date of any other determination that 209
constitutes final resolution of the case;
(e) A statement of the original charge with the section of 211
the Revised Code that was alleged to be violated; 212
(f) If the person or child was convicted, pleaded guilty, 214
or was adjudicated a delinquent child, the sentence or terms of 216
probation imposed or any other disposition of the offender or the 217
delinquent child.
If the offense involved the disarming of a law enforcement 219
officer or an attempt to disarm a law enforcement officer, the 220
clerk shall clearly state that fact in the summary, and the 221
superintendent shall ensure that a clear statement of that fact 222
is placed in the bureau's records.
(4)(3) The superintendent shall cooperate with and assist 224
sheriffs, chiefs of police, and other law enforcement officers in 226
the establishment of a complete system of criminal identification 227
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and in obtaining fingerprints and other means of identification 228
of all persons arrested on a charge of a felony, any crime 229
constituting a misdemeanor on the first offense and a felony on 230
subsequent offenses, or a misdemeanor described in division 231
(A)(1)(a) of section 109.572 of the Revised Code and of all 232
children fourteen years of age or older and under eighteen years 234
of age arrested or otherwise taken into custody for committing a 235
designated delinquent AN act or juvenile THAT WOULD BE A FELONY 236
OR AN offense OF VIOLENCE IF COMMITTED BY AN ADULT. The 237
superintendent also shall file for record the fingerprint 239
impressions of all persons confined in a county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or 240
workhouse, community-based correctional facility, halfway house, 241
alternative residential facility, or state correctional 242
institution for the violation of state laws and of all children 244
fourteen years of age or older and under eighteen years of age 245
who are confined in a county, multicounty, municipal, 246
municipal-county, or multicounty-municipal jail or workhouse, 247
community-based correctional facility, halfway house, alternative 248
residential facility, or state correctional institution or in any 250
facility for delinquent children for committing a designated 251
delinquent AN act or juvenile THAT WOULD BE A FELONY OR AN 253
offense OF VIOLENCE IF COMMITTED BY AN ADULT, and any other
information that the superintendent may receive from law 255
enforcement officials of the state and its political 256
subdivisions.
(5)(4) The superintendent shall carry out Chapter 2950. of 258
the Revised Code with respect to the registration of persons who 261
are convicted of or plead guilty to a sexually oriented offense 262
and with respect to all other duties imposed on the bureau under 263
that chapter.
(B) The superintendent shall prepare and furnish to every 265
county, multicounty, municipal, municipal-county, or 266
multicounty-municipal jail or workhouse, community-based 267
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correctional facility, halfway house, alternative residential 268
facility, or state correctional institution and to every clerk of 269
a court in this state specified in division (A)(3)(2) of this 270
section standard forms for reporting the information required 271
under divisions DIVISION (A)(2) to (5) of this section. The 273
standard forms that the superintendent prepares pursuant to this 274
division may be in a tangible format, in an electronic format, or
in both tangible formats and electronic formats. 275
(C) The superintendent may operate a center for 277
electronic, automated, or other data processing for the storage 278
and retrieval of information, data, and statistics pertaining to 279
criminals and to children under eighteen years of age who are 280
adjudicated delinquent children for committing a designated 281
delinquent AN act or juvenile THAT WOULD BE A FELONY OR AN 282
offense OF VIOLENCE IF COMMITTED BY AN ADULT, criminal activity, 283
crime prevention, law enforcement, and criminal justice, and may 286
establish and operate a statewide communications network to 287
gather and disseminate information, data, and statistics for the 288
use of law enforcement agencies. The superintendent may gather, 289
store, retrieve, and disseminate information, data, and 290
statistics that pertain to children who are under eighteen years 291
of age and that are gathered pursuant to sections 109.57 to 292
109.61 of the Revised Code together with information, data, and
statistics that pertain to adults and that are gathered pursuant 293
to those sections. 294
(D) The information and materials furnished to the 296
superintendent pursuant to divisions DIVISION (A)(2) to (5) of 298
this section and information and materials furnished to any board 299
or person under division (F) or (G) of this section are not 300
public records under section 149.43 of the Revised Code. 301
(E) The attorney general shall adopt rules, in accordance 303
with Chapter 119. of the Revised Code, setting forth the 304
procedure by which a person may receive or release information 305
gathered by the superintendent pursuant to divisions DIVISION 307
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(A)(2) to (5) of this section. A reasonable fee may be charged 308
for this service. If a temporary employment service submits a 309
request for a determination of whether a person the service plans 310
to refer to an employment position has been convicted of or 311
pleaded guilty to an offense listed in division (A)(1), (3), (4), 312
or (5) of section 109.572 of the Revised Code, the request shall 313
be treated as a single request and only one fee shall be charged. 314
(F)(1) As used in division (F)(2) of this section, "head 316
start agency" means an entity in this state that has been 317
approved to be an agency for purposes of subchapter II of the 318
"Community Economic Development Act," 95 Stat. 489 (1981), 42 319
U.S.C.A. 9831, as amended. 320
(2)(a) In addition to or in conjunction with any request 322
that is required to be made under section 109.572, 2151.86, 323
3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 324
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of 325
education of any school district; any county board of mental 326
retardation and developmental disabilities; any entity under 327
contract with a county board of mental retardation and 328
developmental disabilities; the chief administrator of any 329
chartered nonpublic school; the chief administrator of any home 330
health agency; the chief administrator of or person operating any 331
child day-care center, type A family day-care home, or type B 332
family day-care home licensed or certified under Chapter 5104. of 333
the Revised Code; the administrator of any type C family day-care 334
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st 335
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st 336
general assembly; the chief administrator of any head start 337
agency; or the executive director of a public children services 338
agency may request that the superintendent of the bureau 339
investigate and determine, with respect to any individual who has 340
applied for employment in any position after October 2, 1989, or 341
any individual wishing to apply for employment with a board of 342
education may request, with regard to the individual, whether the 344
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bureau has any information gathered under divisions DIVISION 345
(A)(2) to (5) of this section that pertains to that individual. 347
On receipt of the request, the superintendent shall determine 348
whether that information exists and, upon request of the person, 349
board, or entity requesting information, also shall request from 350
the federal bureau of investigation any criminal records it has 351
pertaining to that individual. Within thirty days of the date 352
that the superintendent receives a request, the superintendent 354
shall send to the board, entity, or person a report of any 355
information that the superintendent determines exists, including 357
information contained in records that have been sealed under 358
section 2953.32 of the Revised Code, and, within thirty days of 359
its receipt, shall send the board, entity, or person a report of 360
any information received from the federal bureau of 361
investigation, other than information the dissemination of which 362
is prohibited by federal law.
(b) When a board of education is required to receive 364
information under this section as a prerequisite to employment of 365
an individual pursuant to section 3319.39 of the Revised Code, it 366
may accept a certified copy of records that were issued by the 368
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the 369
district in lieu of requesting that information itself. In such 370
a case, the board shall accept the certified copy issued by the 371
bureau in order to make a photocopy of it for that individual's 372
employment application documents and shall return the certified 373
copy to the individual. In a case of that nature, a district 374
only shall accept a certified copy of records of that nature 375
within one year after the date of their issuance by the bureau. 377
(3) The state board of education may request, with respect 379
to any individual who has applied for employment after October 2, 380
1989, in any position with the state board or the department of 381
education, any information that a school district board of 382
education is authorized to request under division (F)(2) of this 384
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section, and the superintendent of the bureau shall proceed as if 385
the request has been received from a school district board of 386
education under division (F)(2) of this section. 387
(4) When the superintendent of the bureau receives a 389
request for information that is authorized under section 3319.291 390
of the Revised Code, the superintendent shall proceed as if the 391
request has been received from a school district board of 392
education under division (F)(2) of this section. 393
(G) In addition to or in conjunction with any request that 396
is required to be made under section 173.41, 3701.881, 3712.09, 397
3721.121, or 3722.151 of the Revised Code with respect to an 399
individual who has applied for employment in a position that 400
involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through 401
the PASSPORT program created under section 173.40 of the Revised 402
Code, home health agency, hospice care program, home licensed 404
under Chapter 3721. of the Revised Code, adult day-care program 405
operated pursuant to rules adopted under section 3721.04 of the 406
Revised Code, or adult care facility may request that the 408
superintendent of the bureau investigate and determine, with 409
respect to any individual who has applied after January 27, 1997, 411
for employment in a position that does not involve providing 412
direct care to an older adult, whether the bureau has any 413
information gathered under division (A) of this section that 414
pertains to that individual. On receipt of the request, the 415
superintendent shall determine whether that information exists 416
and, on request of the administrator requesting information, 417
shall also request from the federal bureau of investigation any 418
criminal records it has pertaining to that individual. Within 419
thirty days of the date a request is received, the superintendent 420
shall send to the administrator a report of any information 422
determined to exist, including information contained in records 423
that have been sealed under section 2953.32 of the Revised Code, 424
and, within thirty days of its receipt, shall send the 425
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administrator a report of any information received from the 426
federal bureau of investigation, other than information the 427
dissemination of which is prohibited by federal law. 428
(H) Information obtained by a board, administrator, or 431
other person under this section is confidential and shall not be 432
released or disseminated.
(I) The superintendent may charge a reasonable fee for 434
providing information or criminal records under division (F)(2) 435
or (G) of this section. 436
Sec. 109.60. (A) As used in this section, "designated 445
delinquent act or juvenile offense" has the same meaning as in 446
section 109.57 of the Revised Code. 447
(B)(1) The sheriffs of the several counties and the chiefs 450
of police of cities, immediately upon the arrest of any person 451
for any felony, on suspicion of any felony, for a crime 452
constituting a misdemeanor on the first offense and a felony on 453
subsequent offenses, or for any misdemeanor described in division 454
(A)(1)(a) of section 109.572 of the Revised Code, and immediately 455
upon the arrest or taking into custody of any child fourteen 457
years of age or older and under eighteen years of age for 459
committing a designated delinquent AN act or juvenile THAT WOULD 460
BE A FELONY OR AN offense OF VIOLENCE IF COMMITTED BY AN ADULT or 461
upon probable cause to believe that a child of that age may have 463
committed a designated delinquent AN act or juvenile THAT WOULD 464
BE A FELONY OR AN offense OF VIOLENCE IF COMMITTED BY AN ADULT, 465
shall take the person's or child's fingerprints, or cause the 467
same to be taken, according to the fingerprint system of
identification on the forms furnished by the superintendent of 468
the bureau of criminal identification and investigation, and 469
immediately shall forward copies of the completed forms, any 472
other description that may be required, and the history of the 473
offense committed to the bureau to be classified and filed and to 475
the clerk of the court having jurisdiction over the prosecution 476
of the offense or over the adjudication relative to the act. 477
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(2) If a sheriff or chief of police has not taken, or 480
caused to be taken, a person's or child's fingerprints in 481
accordance with division (B)(A)(1) of this section by the time of 482
the arraignment or first appearance of the person or child, the 483
court shall order the person or child to appear before the 484
sheriff or chief of police within twenty-four hours to have the 485
person's or child's fingerprints taken. The sheriff or chief of 487
police shall take the person's or child's fingerprints, or cause 488
the fingerprints to be taken, according to the fingerprint system 489
of identification on the forms furnished by the superintendent of 490
the bureau of criminal identification and investigation and, 491
immediately after the person's or child's arraignment or first 492
appearance, forward copies of the completed forms, any other 494
description that may be required, and the history of the offense 495
committed to the bureau to be classified and filed and to the 496
clerk of the court.
(3) Every court with jurisdiction over a case involving a 498
person or child with respect to whom division (B)(A)(1) of this 499
section requires a sheriff or chief of police to take the 501
person's or child's fingerprints shall inquire at the time of the 502
person's or child's sentencing or adjudication whether or not the 503
person or child has been fingerprinted pursuant to division 505
(B)(A)(1) or (2) of this section for the original arrest upon 506
which the sentence or adjudication is based. If the person or 507
child was not fingerprinted for the original arrest upon which 508
the sentence or adjudication is based, the court shall order the 509
person or child to appear before the sheriff or chief of police 510
within twenty-four hours to have the person's or child's 511
fingerprints taken. The sheriff or chief of police shall take 512
the person's or child's fingerprints, or cause the fingerprints
to be taken, according to the fingerprint system of 513
identification on the forms furnished by the superintendent of 514
the bureau of criminal identification and investigation and 515
immediately forward copies of the completed forms, any other 516
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description that may be required, and the history of the offense 517
committed to the bureau to be classified and filed and to the 518
clerk of the court.
(4) If a person or child is in the custody of a law 520
enforcement agency or a detention facility, as defined in section 522
2921.01 of the Revised Code, and the chief law enforcement 524
officer or chief administrative officer of the detention facility 525
discovers that a warrant has been issued or a bill of information 526
has been filed alleging the person or child to have committed an 527
offense or act other than the offense or act for which the person
or child is in custody, and the other alleged offense or act is 528
one for which fingerprints are to be taken pursuant to division 529
(B)(A)(1) of this section, the law enforcement agency or 531
detention facility shall take the fingerprints of the person or 532
child, or cause the fingerprints to be taken, according to the 533
fingerprint system of identification on the forms furnished by 534
the superintendent of the bureau of criminal identification and 535
investigation and immediately forward copies of the completed 537
forms, any other description that may be required, and the 538
history of the offense committed to the bureau to be classified 539
and filed and to the clerk of the court that issued the warrant 540
or with which the bill of information was filed. 541
(5) If an accused is found not guilty of the offense 545
charged or a nolle prosequi is entered in any case, or if any 546
accused child fourteen years of age or older and under eighteen 547
years of age is found not to be a delinquent child for committing 549
a designated delinquent AN act or juvenile THAT WOULD BE A FELONY 550
OR AN offense OF VIOLENCE IF COMMITTED BY AN ADULT or not guilty 552
of the designated delinquent act FELONY or juvenile offense OF 554
VIOLENCE charged or a nolle prosequi is entered in that case, the 555
fingerprints and description shall be given to the accused upon 557
the accused's request.
(6) The superintendent shall compare the description 561
received with those already on file in the bureau, and, if the 562
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superintendent finds that the person arrested or taken into 564
custody has a criminal record or a record as a delinquent child 565
for having committed an act that is WOULD BE a designated 566
delinquent act or juvenile FELONY OR AN offense OF VIOLENCE IF 567
COMMITTED BY AN ADULT or is a fugitive from justice or wanted by 569
any jurisdiction in this or another state, the United States, or 571
a foreign country for any offense, the superintendent at once 572
shall inform the arresting officer, the officer taking the person 574
into custody, or the chief administrative officer of the county, 575
multicounty, municipal, municipal-county, or 576
multicounty-municipal jail or workhouse, community-based 577
correctional facility, halfway house, alternative residential 578
facility, or state correctional institution in which the person
or child is in custody of that fact and give appropriate notice 581
to the proper authorities in the jurisdiction in which the person 582
is wanted, or, if that jurisdiction is a foreign country, give 583
appropriate notice to federal authorities for transmission to the 585
foreign country. The names, under which each person whose
identification is filed is known, shall be alphabetically indexed 587
by the superintendent.
(C)(B) This section does not apply to a violator of a city 589
ordinance unless the officers have reason to believe that the 590
violator is a past offender or the crime is one constituting a 591
misdemeanor on the first offense and a felony on subsequent 592
offenses, or unless it is advisable for the purpose of subsequent 593
identification. This section does not apply to any child under 594
eighteen years of age who was not arrested or otherwise taken 595
into custody for committing an act that is WOULD BE a designated 597
delinquent act FELONY or juvenile AN offense OF VIOLENCE IF 599
COMMITTED BY AN ADULT or upon probable cause to believe that a 600
child of that age may have committed an act that is WOULD BE a 602
designated delinquent act FELONY or juvenile AN offense OF 604
VIOLENCE IF COMMITTED BY AN ADULT, except as provided in section 605
2151.313 of the Revised Code.
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Sec. 109.61. Each sheriff or chief of police shall furnish 614
the bureau of criminal identification and investigation with 615
descriptions, fingerprints, photographs, and measurements of the 616
following:
(A)(1) Persons arrested who in that sheriff's or chief of 619
police's judgment are wanted for serious offenses, are fugitives 620
from justice, or in whose possession at the time of arrest are 621
found goods or property reasonably believed to have been stolen; 622
(2) Children arrested or otherwise taken into custody who 624
in that sheriff's or chief of police's judgment are fourteen 625
years of age or older and under eighteen years of age and have 627
committed an act that is WOULD BE a designated delinquent act or 628
juvenile FELONY OR AN offense, as defined in section 109.57 of 630
the Revised Code; OF VIOLENCE IF COMMITTED BY AN ADULT. 631
(B) All persons in whose possession are found burglar 633
outfits, burglar tools, or burglar keys, or who have in their 634
possession high power explosives reasonably believed to be 635
intended to be used for unlawful purposes; 636
(C) Persons who are in possession of infernal machines or 638
other contrivances in whole or in part and reasonably believed by 639
the sheriff or chief of police to be intended to be used for 641
unlawful purposes; 642
(D) All persons carrying concealed firearms or other 644
deadly weapons reasonably believed to be carried for unlawful 645
purposes; 646
(E) All persons who have in their possession inks, dies, 648
paper, or other articles necessary in the making of counterfeit 649
bank notes or in the alteration of bank notes, or dies, molds, or 651
other articles necessary in the making of counterfeit money and 652
reasonably believed to be intended to be used by them for those 653
types of unlawful purposes.
Sec. 109.83. (A) When directed by the governor or general 662
assembly, the attorney general may investigate any organized 663
criminal activity in this state. When it appears to the attorney 664
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general, as a result of an investigation conducted pursuant to 665
this division, that there is cause to prosecute for the 666
commission of a crime, he THE ATTORNEY GENERAL shall refer the 667
evidence to the prosecuting attorney having jurisdiction of the 669
matter, to a regular grand jury drawn and impaneled pursuant to 670
sections 2939.01 to 2939.24 of the Revised Code, or to a special 671
grand jury drawn and impaneled pursuant to section 2939.17 of the 672
Revised Code. When the crime or the elements of the crime were 673
committed in two or more counties, the referral shall be to the 674
prosecuting attorney, the regular grand jury, or a special grand 675
jury of the county in which the most significant portion of the 676
crime or the elements of the crime occurred or, if it is not 677
possible to determine that county, the county with the largest 678
population. When evidence is referred directly to a grand jury 679
pursuant to this section, the attorney general and any assistant 680
or special counsel designated by him THE ATTORNEY GENERAL has the 682
exclusive right to appear at any time before such THE grand jury 684
to give information relative to a legal matter cognizable by it, 686
or to advise upon a legal matter when required, and may exercise 687
all rights, privileges, and powers of prosecuting attorneys in 688
such cases.
(B)(1) When information is referred to the attorney 690
general by an organized crime task force or the organized crime 691
investigations commission pursuant to section 177.03 of the 692
Revised Code, the attorney general shall review the information 693
SO REFERRED and if he determines UPON A DETERMINATION that there 695
is cause to prosecute for the commission of a crime, he THE 697
ATTORNEY GENERAL EITHER shall refer the information as evidence 698
to a regular or special grand jury in the manner described in, 699
and in the county determined in accordance with the provisions 700
of, division (A) of this section, or shall initiate a criminal 701
action or proceeding in a court of proper jurisdiction. If an 702
indictment is returned by a grand jury pursuant to a referral 703
made under this division, the attorney general has sole 704
17
responsibility to prosecute the accused offender. 705
(2) The attorney general, and any assistant or special 707
counsel designated by him THE ATTORNEY GENERAL who appears under 708
this division in any county for the prosecution of any crime has 710
the same powers and authority as a prosecuting attorney, 711
including, but not limited to, powers relating to attendance 712
before the courts and grand juries of the county, preparation and 713
trial of indictments for crimes, and representation of the state 714
in any criminal proceeding, IN ANY CIVIL PROCEEDING RELATED TO 715
THE CRIME, or in any appeal from a criminal case OR FROM A CIVIL 716
CASE RELATED TO THE CRIME in any court of this state. 718
(C) When proceeding under the authority of this section, 720
the attorney general may appear for the state in any court or 721
tribunal of proper jurisdiction for the purpose of conducting 722
investigations under division (A) of this section, or for the 723
purpose of conducting criminal proceedings, CIVIL PROCEEDINGS, or 725
any other proceeding that is necessary to promote and safeguard 726
the public interests of the citizens of this state. 727
(D) This section shall not be construed to prevent the 729
attorney general and prosecuting attorneys or special prosecutors 730
from cooperating in the investigation and prosecution of offenses 731
under this section. However, in cases in which information was 732
referred to the attorney general by an organized crime task force 733
because the office of a prosecuting attorney was implicated by an 734
investigation conducted by the task force, the attorney general 735
shall not inform the implicated prosecutor of the investigation 736
or referral and shall not cooperate with the prosecutor on the 737
matter. 738
(E) As used in this section, "organized criminal activity" 740
has the same meaning as in section 177.01 of the Revised Code. 741
Sec. 177.01. (A) The organized crime investigations 750
commission, consisting of seven members, is hereby established in 751
the office of the attorney general. One of the members shall be 752
the attorney general. Of the remaining members, each of whom 753
18
shall be appointed by the governor with the advice and consent of 754
the senate, two shall be prosecuting attorneys, two shall be 755
county sheriffs, and two shall be chief municipal law enforcement 756
officers. No more than four members of the commission shall be 757
members of the same political party. 758
Of the initial appointments to the commission, one member 760
who is a prosecuting attorney and one who is a county sheriff 761
each shall be appointed for terms ending September 3, 1987, one 762
member who is a prosecuting attorney and one who is a chief 763
municipal law enforcement officer each shall be appointed for 764
terms ending September 3, 1988, and one member who is a county 765
sheriff and one who is a chief municipal law enforcement officer 766
each shall be appointed for terms ending September 3, 1989. 767
Thereafter, terms of office of persons appointed to the 768
commission shall be for three years, with each term ending on the 769
same day of the same month of the year as did the term that it 770
succeeds. Members may be reappointed. Each appointed member 771
shall hold office from the date of the member's appointment until 772
the end of the term for which the member was appointed, except 774
that an appointed member who ceases to hold the office or 776
position of prosecuting attorney, county sheriff, or chief 778
municipal law enforcement officer prior to the expiration of the 779
member's term of office on the commission shall cease to be a 781
member of the commission on the date that the member ceases to 783
hold the office or position. Vacancies shall be filled in the
manner provided for original appointments. Any member appointed 784
to fill a vacancy occurring prior to the expiration of the term 785
for which the member's predecessor was appointed shall take 786
office on the commission when the member is confirmed by the 788
senate and shall hold office for the remainder of such term. Any 789
member shall continue in office subsequent to the expiration date 790
of the member's term until the member's successor takes office, 791
or until a period of sixty days has elapsed, whichever occurs 793
first.
19
The attorney general shall become a member of the 795
commission on September 3, 1986. Successors in office to that 797
attorney general shall become members of the commission on the 799
day they assume the office of attorney general. An attorney 800
general's term of office as a member of the commission shall 801
continue for as long as the person in question holds the office 802
of attorney general.
Each member of the commission may designate, in writing, 804
another person to represent the member on the commission. If a 805
member makes such a designation, either the member or the 806
designee may perform the member's duties and exercise the 807
member's authority on the commission. If a member makes such a 808
designation, the member may revoke the designation by sending 809
written notice of the revocation to the commission. Upon such a 810
revocation, the member may designate a different person to 811
represent the member on the commission by sending written notice 812
of the designation to the commission at least two weeks prior to 813
the date on which the new designation is to take effect. 814
The attorney general or a person the attorney general 816
designates pursuant to this division to represent the attorney 818
general on the commission shall serve as chairman CHAIRPERSON of 820
the commission. The commission shall meet within two weeks after 822
all appointed members have been appointed, at a time and place 823
determined by the governor. The commission shall organize by 824
selecting a vice-chairman VICE-CHAIRPERSON and other officers who 826
are necessary and shall adopt rules to govern its procedures. 827
Thereafter, the commission shall meet at least once every six 828
months, or more often upon the call of the chairman CHAIRPERSON 829
or the written request of two or more members. Each member of 831
the commission shall have one vote. Four members constitute a 832
quorum, and four votes are required to validate an action of the 833
commission. 834
The members of the commission shall serve without 836
compensation, but each member shall be reimbursed for actual and 837
20
necessary expenses incurred in the performance of official 838
duties. In the absence of the chairman CHAIRPERSON, the 839
vice-chairman VICE-CHAIRPERSON shall perform the duties of the 841
chairman CHAIRPERSON.
(B) The commission shall coordinate investigations of 843
organized criminal activity and perform all of the functions and 844
duties relative to the investigations that are set forth in 845
section 177.02 of the Revised Code, and it shall cooperate with 846
departments and officers of the government of the United States 847
in the suppression of organized criminal activity. 848
(C) The commission shall appoint and fix the compensation 850
of a director and such technical and clerical employees who are 852
necessary to exercise the powers and carry out the duties of the 853
commission, MAY ENTER INTO CONTRACTS WITH ONE OR MORE CONSULTANTS 854
TO ASSIST IN EXERCISING THOSE POWERS AND CARRYING OUT THOSE 855
DUTIES, and may enter into contracts and purchase any equipment 857
necessary to the performance of its duties. The director and 858
employees of the commission shall be members of the unclassified 859
service as defined in section 124.11 of the Revised Code. The 860
commission shall require the director and each employee, prior to 861
commencing employment with the commission and at least once each 862
year thereafter for the duration of the director's or employee's 863
employment with the commission, to undergo an investigation for 864
the purpose of obtaining a security clearance. The AND, AFTER 865
THE INITIAL INVESTIGATION, MAY REQUIRE THE DIRECTOR AND EACH 866
EMPLOYEE TO UNDERGO AN INVESTIGATION FOR THAT PURPOSE AT ANY TIME 867
DURING THE DIRECTOR'S OR EMPLOYEE'S EMPLOYMENT WITH THE 868
COMMISSION. THE COMMISSION MAY REQUIRE ANY CONSULTANT WITH WHOM 869
IT CONTRACTS TO UNDERGO AN INVESTIGATION FOR THE PURPOSE OF 870
OBTAINING A SECURITY CLEARANCE. AN investigation shall UNDER 871
THIS DIVISION MAY include, but is not limited to, a polygraph 872
examination and shall be conducted by an organization designated 873
by the commission. 874
(D) An appointed commission member may be removed from 876
21
office as a member of the commission by the vote of four members 877
of the commission or by the governor for any of the following 878
reasons: 879
(1) Neglect of duty, misconduct, incompetence, or 881
malfeasance in office; 882
(2) Conviction of or a plea of guilty to a felony or an 884
offense of moral turpitude; 885
(3) Being mentally ill or mentally incompetent; 887
(4) Being the subject of an investigation by a task force 889
established by the commission or another law enforcement agency, 890
where the proof of criminal activity is evident or the 891
presumption great; 892
(5) Engaging in any activity or associating with any 894
persons or organization inappropriate to the member's position as 895
a member of the commission. 897
(E) As used in sections 177.01 to 177.03 of the Revised 899
Code: 900
(1) "Organized criminal activity" means any combination or 902
conspiracy to engage in activity that constitutes "engaging in a 903
pattern of corrupt activity;" any violation, combination of 904
violations, or conspiracy to commit one or more violations of 905
section 2925.03, 2925.04, 2925.05, 2925.06, or 2925.11 of the 907
Revised Code other than a violation of section 2925.11 of the 908
Revised Code that is a minor drug possession offense; or any 909
criminal activity that relates to the corruption of a public 910
official, as defined in section 2921.01 of the Revised Code, or 911
of a public servant of the type described in division (B)(3) of 912
that section.
(2) A person is engaging in an activity that constitutes 914
"engaging in a pattern of corrupt activity" if any of the 915
following apply: 916
(a) The person is or was employed by, or associated with, 918
an enterprise and the person conducts or participates in, 919
directly or indirectly, the affairs of the enterprise through a 920
22
pattern of corrupt activity or the collection of an unlawful 921
debt. 922
(b) The person, through a pattern of corrupt activity or 924
the collection of an unlawful debt, acquires or maintains, 925
directly or indirectly, an interest in, or control of, an 926
enterprise or real property. 927
(c) The person knowingly has received proceeds derived, 929
directly or indirectly, from a pattern of corrupt activity or the 930
collection of an unlawful debt and the person uses or invests, 931
directly or indirectly, a part of those proceeds, or proceeds 932
derived from the use or investment of any of those proceeds, in 933
the acquisition of title to, or a right, interest, or equity in, 934
real property or the establishment or operation of an enterprise. 935
A purchase of securities on the open market with intent to make 936
an investment, without intent to control or participate in the 937
control of the issuer, and without intent to assist another to do 938
so is not an activity that constitutes "engaging in a pattern of 939
corrupt activity" if the securities of the issuer held after the 940
purchase by the purchaser, the members of the purchaser's 941
immediate family, and the purchaser's or members' accomplices in 943
any pattern of corrupt activity or the collection of an unlawful 945
debt, do not aggregate one per cent of the outstanding securities 946
of any one class of the issuer and do not confer, in law or in 947
fact, the power to elect one or more directors of the issuer. 948
(3) "Pattern of corrupt activity" means two or more 950
incidents of corrupt activity, whether or not there has been a 951
prior conviction, that are related to the affairs of the same 952
enterprise, are not isolated, and are not so closely related to 953
each other and connected in time and place that they constitute a 954
single event. At least one of the incidents forming the pattern 955
shall occur on or after September 3, 1986. Unless any incident 956
was an aggravated murder or murder, the most recent of the 957
incidents forming the pattern shall occur within six years after 958
the commission of any prior incident forming the pattern, 959
23
excluding any period of imprisonment served by any person 960
engaging in the corrupt activity. 961
(4) "Corrupt activity," "unlawful debt," "enterprise," 963
"person," "real property," and "beneficial interest" have the 965
same meanings as in section 2923.31 of the Revised Code. 967
(5) "Minor drug possession offense" has the same meaning 970
as in section 2925.01 of the Revised Code. 971
Sec. 177.02. (A) Any person may file with the organized 980
crime investigations commission a complaint that alleges that 981
organized criminal activity has occurred in a county. A person 982
who files a complaint under this division also may file with the 983
commission information relative to the complaint. 984
(B) Upon the filing of a complaint under division (A) of 986
this section or upon its own initiative, the commission may 987
establish an organized crime task force to investigate organized 988
criminal activity in a SINGLE county or in two or more adjacent 989
counties if it determines, based upon the complaint filed and the 991
information relative to it or based upon any information that it 992
may have received, that there is reason to believe that organized 993
criminal activity has occurred and continues to occur in the THAT 995
county or in each of the adjacent THOSE counties. The commission 997
shall not establish an organized crime task force to investigate 998
organized criminal activity in any SINGLE county unless it makes 999
the determination required under this division relative to that 1,000
county, and shall not establish an organized crime task force to 1,001
investigate organized criminal activity in two or more adjacent 1,002
counties unless it makes the determination required under this 1,003
division relative to each of the adjacent THOSE counties. The 1,004
commission, at any time, may terminate an organized crime task 1,005
force it has established under this section. 1,006
(C)(1) If the commission establishes an organized crime 1,008
task force to investigate organized criminal activity in a SINGLE 1,009
county or in two or more adjacent counties pursuant to division 1,011
(B) of this section, the commission initially shall appoint a 1,012
24
task force director to directly supervise the investigation. The 1,013
task force director shall be either the sheriff or a deputy 1,014
sheriff of any county in the state, the chief law enforcement 1,015
officer or a member of a law enforcement agency of any municipal 1,016
corporation or township in the state, or an agent of the bureau 1,017
of criminal identification and investigation. No person shall be 1,018
appointed as task force director without his THE PERSON'S 1,019
consent, and, if applicable, the consent of his THE PERSON'S 1,022
employing sheriff or law enforcement agency, or OF the 1,025
superintendent of the bureau of criminal identification and 1,026
investigation if he THE PERSON is an employee of the bureau.
Upon appointment of a task force director, the commission shall 1,028
meet with the director and establish the scope and limits of the 1,029
investigation to be conducted by the task force and the size of 1,030
the task force investigatory staff to be appointed by the task 1,031
force director. The commission, at any time, may remove a task 1,032
force director appointed under this division and may replace any 1,033
director so removed according to the guidelines for the initial 1,034
appointment of a director. 1,035
(2) A task force director appointed under this section 1,037
shall assemble a task force investigatory staff, of a size 1,038
determined by the commission and the director, to conduct the 1,039
investigation. Unless it appears to the commission and the 1,040
director, based upon the complaint filed and any information 1,041
relative to it or based upon any information that the commission 1,042
may have received, that there is reason to believe that the 1,043
office of the prosecuting attorney of the county or one of the 1,044
counties served by the task force is implicated in the organized 1,045
criminal activity to be investigated, one member of the 1,046
investigatory staff shall be the prosecuting attorney or an 1,047
assistant prosecuting attorney of the county or one of the 1,048
counties served by the task force. If a prosecuting attorney or 1,049
assistant prosecuting attorney is not included in A PARTICIPATING 1,050
MEMBER OF the task force because of such a determination, THE 1,052
25
OFFICE OF the attorney general shall provide legal assistance to 1,055
the task force upon request. Each of the other members of the 1,056
investigatory staff shall be either the sheriff or a deputy 1,057
sheriff of any county in the state, the chief law enforcement 1,058
officer or a member of a law enforcement agency of any municipal 1,059
corporation or township in the state, or an agent of the bureau 1,060
of criminal identification and investigation. No person shall be 1,061
appointed to the investigatory staff without his THE PERSON'S 1,062
consent, and, if applicable, the consent of his THE PERSON'S 1,064
employing sheriff or law enforcement agency, or the 1,065
superintendent of the bureau of criminal identification and 1,066
investigation if he THE PERSON is an employee of the bureau. To 1,068
the extent possible, the investigatory staff shall be composed of 1,069
persons familiar with investigatory techniques that generally 1,070
would be utilized in an investigation of organized criminal 1,071
activity. To the extent practicable, the investigatory staff 1,072
shall be assembled in such a manner that numerous law enforcement 1,073
agencies within the county or the counties served by the task 1,074
force are represented on the investigatory staff. The 1,075
investigatory staff shall be assembled in such a manner that at 1,076
least one sheriff, deputy sheriff, municipal corporation law 1,077
enforcement officer, or township law enforcement officer from 1,078
each of the counties served by the task force is represented on 1,079
the investigatory staff. A task force director, at any time, may 1,080
remove any member of the investigatory staff he THE TASK FORCE 1,081
DIRECTOR has assembled under this division and may replace any 1,082
member so removed according to the guidelines for the initial 1,083
assembly of the investigatory staff. 1,084
(3) The commission may provide an organized crime task 1,086
force established under this section with technical and clerical 1,087
employees and with equipment necessary to efficiently conduct its 1,088
investigation into organized criminal activity. 1,089
(4) Upon the establishment of a task force, the commission 1,091
shall issue to the task force director and each member of the 1,092
26
task force investigatory staff appropriate credentials that 1,093
identify him STATING THE PERSON'S IDENTITY, his position, and his 1,095
authority.
(D) A task force investigatory staff, during the period of 1,097
the investigation for which it is assembled, is responsible only 1,098
to the task force director and shall operate under his THE 1,099
direction and control OF THE TASK FORCE DIRECTOR. Any necessary 1,101
and actual expenses incurred by a task force director or 1,103
investigatory staff, including any such expenses incurred for 1,104
food, lodging, or travel, and any other necessary and actual 1,105
expenses of an investigation into organized criminal activity 1,106
conducted by a task force, shall be paid by the commission. For 1,107
purposes of workers' compensation and the allocation of liability 1,108
for any death, injury, or damage they may cause in the 1,109
performance of their duties, a task force director and 1,110
investigatory staff, during the period of the investigation for 1,111
which the task force is assembled, shall be considered to be
employees of the commission and of the state. However, for 1,112
purposes of compensation, pension or indemnity fund rights, and 1,113
other rights and benefits to which they may be entitled, a task 1,114
force director and investigatory staff, during the period of the 1,115
performance of their duties as director and investigatory staff, 1,116
shall be considered to be performing their duties in their normal 1,117
capacity as prosecuting attorney, assistant prosecuting attorney, 1,118
sheriff, deputy sheriff, chief law enforcement officer or member 1,119
of a law enforcement agency of a municipal corporation or 1,120
township, or agent of the bureau of criminal identification and 1,121
investigation. 1,122
(E) Except as provided in this division, upon the 1,124
establishment of a task force, the commission shall provide the 1,125
prosecuting attorney of each of the counties served by the task 1,126
force with written notice that the task force has been 1,127
established to investigate organized criminal activity in that 1,128
county. Such notice shall not be provided to a prosecuting 1,129
27
attorney if it appears to the commission, based upon the 1,130
complaint filed and any information relative to it or based upon 1,131
any information that the commission may have received, that there 1,132
is reason to believe that the office of that prosecuting attorney 1,133
is implicated in the organized criminal activity to be 1,134
investigated. 1,135
(F) The filing of a complaint alleging organized criminal 1,137
activity, the establishment of an organized crime task force, the 1,138
appointment of a task force director and his THE identity OF THE 1,140
TASK FORCE DIRECTOR, the assembly of an investigatory staff and 1,141
the identity of its members, the conduct of an investigation into 1,142
organized criminal activity, and the identity of any person who 1,143
is being or is expected to be investigated by the task force 1,144
shall be kept confidential by the commission and its director and 1,145
employees, and by the task force and its director, investigatory 1,146
staff, and employees until an indictment is returned or a 1,147
criminal action or proceeding is initiated in a court of proper 1,148
jurisdiction.
(G) For purposes of divisions (C) and (E) of this section, 1,150
the office of a prosecuting attorney shall be considered as being 1,151
implicated in organized criminal activity only if the prosecuting 1,152
attorney, one or more of his THE PROSECUTING ATTORNEY'S 1,153
assistants, or one or more of his THE PROSECUTING ATTORNEY'S 1,154
employees has committed or attempted or conspired to commit, is 1,155
committing or attempting or conspiring to commit, or has engaged 1,156
in or is engaging in complicity in the commission of, organized 1,157
criminal activity. 1,158
Sec. 177.03. (A) An organized crime task force 1,167
established under section 177.02 of the Revised Code to 1,168
investigate organized criminal activity in a SINGLE county or in 1,169
two or more adjacent counties shall investigate organized 1,170
criminal activity within the county or counties in accordance 1,171
with the scope and limits established by the organized crime 1,172
investigations commission and the task force director. For 1,173
28
purposes of the investigation, the task force director and 1,174
investigatory staff shall have the powers of a peace officer 1,175
throughout the county or counties in which the investigation is 1,176
to be undertaken. However, the authority and powers granted to 1,177
the director and investigatory staff under this section do not 1,178
supplant or diminish the authority and power provided by the 1,179
Revised Code to other law enforcement agencies or their officers 1,180
or investigators. 1,181
An organized crime task force, in the conduct of its 1,183
investigation, may issue subpoenas and subpoenas duces tecum. The 1,185
task force may compel the attendance of witnesses and the
production of records and papers of all kinds and description 1,186
that are relevant to the investigation, including, but not 1,187
limited to, any books, accounts, documents, and memoranda 1,188
pertaining to the subject of the investigation. Upon the failure 1,189
of any person to comply with any lawful order of the task force, 1,190
the task force may apply to the court of common pleas of the 1,191
proper county for a contempt order, as in the case of 1,192
disobedience of the requirements of a subpoena issued from the 1,193
court of common pleas, or a refusal to testify thereon. 1,194
(B) This section and section 177.02 of the Revised Code do 1,196
not prevent an organized crime task force from cooperating with 1,197
other law enforcement agencies of this state, a political 1,198
subdivision of this state, another state, a political subdivision 1,199
of another state, or the United States, or their officers or 1,200
investigators in the investigation and prosecution of any 1,201
offenses comprising organized criminal activity. 1,202
(C)(1) If an organized crime task force, either prior to 1,204
the commencement of or during the course of its investigation of 1,205
organized criminal activity in a SINGLE county or in two or more 1,206
adjacent counties, has reason to believe that the investigation 1,207
will require it to engage in substantial investigative activities 1,208
in a particular municipal corporation or township in the county 1,209
or any of the adjacent counties, the task force director shall 1,210
29
notify the commission chairman CHAIRPERSON of that belief and the 1,212
reasons for that belief. The chairman CHAIRPERSON shall present 1,213
that belief and those reasons to the commission, and, if the 1,215
commission determines that there is a compelling reason to notify 1,216
a local law enforcement agency that has jurisdiction within that 1,217
municipal corporation or township that the task force will be 1,218
engaging in investigative activities in the municipal corporation 1,219
or township, the commission, subject to division (C)(2) of this 1,220
section, shall provide written notice of that fact as follows: 1,221
(a) If the investigative activities will be engaged in in 1,223
a township or in a municipal corporation that does not have a 1,224
police department or similar law enforcement agency, the 1,225
COMMISSION SHALL PROVIDE THE notice shall be provided to the 1,227
sheriff of the county in which the township or municipal 1,228
corporation is located;.
(b) If the investigative activities will be engaged in in 1,230
a municipal corporation that has a police department or similar 1,231
law enforcement agency, the COMMISSION SHALL PROVIDE THE notice 1,232
shall be provided to the chief law enforcement officer of the 1,234
department or agency.
(2) The notice described in division (C)(1) of this 1,236
section shall not be provided to a sheriff or chief law 1,237
enforcement officer if it appears to the commission, based upon 1,238
the complaint filed and any information relative to it or based 1,239
upon any information that the commission may have received, that 1,240
there is reason to believe that the office of that sheriff or 1,241
chief law enforcement officer is implicated in the organized 1,242
criminal activity being investigated. 1,243
(D)(1) If an organized crime task force determines, 1,245
pursuant to its investigation of organized criminal activity in a 1,246
SINGLE county or in two or more adjacent counties, that there is 1,248
not reasonable cause to believe that organized criminal activity 1,249
has occurred or is occurring in the county or in any of the 1,250
counties, it shall report its determination to the commission, 1,251
30
terminate its task force activities, and disband. 1,252
(2)(a) If a task force determines, pursuant to its 1,254
investigation of organized criminal activity in a SINGLE county 1,255
or in two or more adjacent counties, that there is reasonable 1,256
cause to believe that organized criminal activity has occurred or 1,257
is occurring in the county or in any of the counties, it shall 1,258
report its determination to the commission and, except as 1,259
provided in division (D)(3) of this section, shall refer a copy 1,260
of all of the information gathered during the course of the 1,261
investigation to the prosecuting attorney who has jurisdiction 1,262
over the matter and inform the prosecuting attorney that he THE 1,263
PROSECUTING ATTORNEY has thirty days to decide whether he THE 1,265
PROSECUTING ATTORNEY should present the information to a grand 1,267
jury and that, if he THE PROSECUTING ATTORNEY intends to make 1,269
such a presentation OF THE INFORMATION TO THE GRAND JURY, he THE 1,270
PROSECUTING ATTORNEY has to give the commission written notice of 1,272
that intention. If the organized criminal activity occurred or 1,273
is occurring in two or more counties, the referral of the 1,274
information shall be to the prosecuting attorney of the county in 1,275
which the most significant portion of the activity occurred or is 1,276
occurring or, if it is not possible to determine that county, the 1,277
county with the largest population. 1,278
If a prosecuting attorney who has been referred information 1,280
under this division fails to notify the commission in writing, 1,281
within thirty days after the referral, that he THE PROSECUTING 1,282
ATTORNEY will present the information to the grand jury of his 1,284
THE PROSECUTING ATTORNEY'S county, the task force, except as 1,286
provided in division (D)(2)(b) of this section, shall refer a 1,287
copy of all of the information to the attorney general, who shall 1,288
proceed according to division (B) of section 109.83 of the 1,289
Revised Code. If the prosecuting attorney fails to notify the 1,290
commission in writing within that time that he THE PROSECUTING
ATTORNEY will present the information to the grand jury, he THE 1,292
PROSECUTING ATTORNEY promptly shall return all of the information 1,294
31
that the task force referred to him THE PROSECUTING ATTORNEY 1,295
under this division. 1,296
If a prosecuting attorney who has been referred information 1,298
under this division notifies the commission in writing, within 1,299
thirty days after the referral, of his THE PROSECUTING ATTORNEY'S 1,301
intention to present the information referred to him THE 1,302
PROSECUTING ATTORNEY to the grand jury of his THE PROSECUTING 1,303
ATTORNEY'S county, he THE PROSECUTING ATTORNEY shall proceed 1,305
promptly to present the information as evidence to the grand jury 1,306
and shall notify the commission of the grand jury's final 1,307
actions, findings of indictments, or reports. The prosecuting 1,308
attorney may disclose to the attorney general any matters 1,309
occurring before the grand jury that are disclosed to the
prosecuting attorney for use in the performance of his THE 1,310
PROSECUTING ATTORNEY'S duties. The PROSECUTING ATTORNEY SHALL 1,312
PRESENT THE information shall be presented as evidence to the 1,313
grand jury prior to the discharge of the next regular grand jury. 1,314
If the prosecuting attorney fails to present the information as 1,315
evidence within that time, the commission, except as provided in 1,316
division (D)(2)(b) of this section, shall notify the attorney 1,317
general, the task force shall refer a copy of all of the 1,318
information to the attorney general, and the attorney general may 1,319
proceed as if the prosecuting attorney had declined under this 1,320
division to accept the matter. If the prosecuting attorney fails 1,321
to present the information as evidence within that time, he THE 1,322
PROSECUTING ATTORNEY promptly shall return to the task force all 1,324
of the information that the task force had referred to him THE 1,325
PROSECUTING ATTORNEY under this division. 1,326
(b) If a prosecuting attorney who has been referred 1,328
information under division (D)(2)(a) of this section fails to 1,329
notify the commission in accordance with that division that he 1,330
THE PROSECUTING ATTORNEY will present the information to the 1,332
grand jury, and the task force that conducted the investigation 1,333
determines, pursuant to its investigation, that the office of the 1,334
32
attorney general is implicated in organized criminal activity, 1,335
the task force shall not contact or refer any information to the 1,336
attorney general, but shall report its determinations and refer 1,337
all of the information to the commission. If a prosecuting 1,338
attorney who has been referred information under division 1,339
(D)(2)(a) of this section notifies the commission in accordance 1,340
with that division that he THE PROSECUTING ATTORNEY intends to 1,342
present the information to the grand jury but fails to do so 1,343
prior to the discharge of the next regular grand jury, and the 1,344
task force that conducted the investigation determines, pursuant 1,345
to the investigation, that the office of the attorney general is 1,346
implicated in organized criminal activity, neither the commission 1,347
nor the task force shall contact or refer any information to the 1,348
attorney general. Instead, the task force shall report its 1,349
determinations and refer all of the information gathered during 1,350
the course of the investigation to the commission. 1,351
In either such case, the commission shall review the 1,353
information, and, if a majority of the members of the commission 1,354
determine that the office of the attorney general is implicated, 1,355
the chairman CHAIRPERSON of the commission shall appear before 1,356
the presiding judge of the court of common pleas or of the court 1,358
of appeals for the county in which the prosecuting attorney who 1,359
was referred the information serves and request the appointment 1,360
of a special prosecutor to handle the matter. If the presiding 1,361
judge finds that there is reasonable cause to believe that 1,362
organized criminal activity has occurred or is occurring in the 1,363
county or in any of the counties served by the task force and 1,364
that the office of the attorney general is implicated, the judge 1,365
shall appoint a special prosecutor to perform the functions of 1,366
prosecuting attorney of the county in relation to the matter. 1,367
The commission shall refer a copy of all of the information 1,368
gathered during the course of the investigation to the special 1,369
prosecutor. The special prosecutor shall review the information 1,370
SO REFERRED and if he determines, UPON A DETERMINATION that there 1,372
33
is cause to prosecute for the commission of a crime, he THE
SPECIAL PROSECUTOR shall proceed promptly to present the 1,374
information SO referred to him to the grand jury and shall notify 1,375
the commission of the grand jury's final actions, findings of 1,376
indictments, or reports. A special prosecutor appointed under 1,377
this division shall not inform the attorney general of the 1,378
investigation or referral of information and shall not cooperate 1,379
with the attorney general on the matter. 1,380
(3) If a task force determines, pursuant to its 1,382
investigation of organized criminal activity in a SINGLE county 1,383
or in two or more adjacent counties, that there is reasonable 1,384
cause to believe that organized criminal activity has occurred or 1,385
is occurring in the county or in any of the counties, and that 1,386
the office of a prosecuting attorney who normally would be 1,387
referred the information gathered during the course of the 1,388
investigation pursuant to division (D)(2) of this section is 1,389
implicated by the information in organized criminal activity, it 1,390
THE TASK FORCE shall not contact or refer any information to the 1,392
prosecuting attorney. Instead it shall report its determinations 1,393
and refer all of the information gathered during the course of 1,394
the investigation to the commission. The commission shall review 1,395
the information, and if a majority of the members of the 1,396
commission determine that the office of the prosecuting attorney 1,397
is implicated in organized criminal activity, the chairman 1,398
CHAIRPERSON of the commission shall appear before the presiding 1,400
judge of the court of common pleas or of the court of appeals for 1,401
the county in which that prosecuting attorney serves and request 1,402
the appointment of a special prosecutor to handle the matter. If 1,403
the presiding judge finds that there is reasonable cause to 1,404
believe that organized criminal activity has occurred or is 1,405
occurring in the county or in any of the counties served by the 1,406
task force and that the office of the prosecuting attorney in 1,407
question is implicated in organized criminal activity, the judge 1,408
shall appoint a special prosecutor to perform the functions of 1,409
34
prosecuting attorney of the county in relation to the matter, and 1,410
the commission shall refer a copy of all of the information 1,411
gathered during the course of the investigation to the special 1,412
prosecutor. It shall inform the special prosecutor that he THE 1,413
SPECIAL PROSECUTOR has thirty days to decide whether he THE 1,414
SPECIAL PROSECUTOR should present the information to a grand jury 1,415
and that if he THE SPECIAL PROSECUTOR intends to make such a 1,417
presentation OF THE INFORMATION TO THE GRAND JURY, he THE SPECIAL 1,418
PROSECUTOR has to give the commission written notice of that 1,420
intention. A special prosecutor appointed under this division 1,421
shall not inform the implicated prosecuting attorney of the 1,422
investigation or referral of information and shall not cooperate 1,423
with the prosecutor on the matter. 1,424
If a special prosecutor who has been referred information 1,426
under this division fails to notify the commission in writing, 1,427
within thirty days after the referral, that he THE SPECIAL 1,428
PROSECUTOR will present the information to the grand jury of the 1,430
county, or if the presiding judge is requested pursuant to this 1,431
division to appoint a special prosecutor but the judge does not 1,432
do so, the commission shall refer a copy of all of the 1,433
information to the attorney general, who shall proceed according 1,434
to division (B) of section 109.83 of the Revised Code. Upon such 1,435
a failure of a special prosecutor to notify the commission, the 1,436
special prosecutor promptly shall return to the commission all of 1,437
the information that the commission had referred to the special 1,438
prosecutor under this division. 1,439
If a special prosecutor who has been referred information 1,441
under this division notifies the commission in writing, within 1,442
thirty days after the referral, of his THE SPECIAL PROSECUTOR'S 1,443
intention to present the information referred to him THE SPECIAL 1,445
PROSECUTOR to the grand jury of the county, he THE SPECIAL 1,446
PROSECUTOR shall proceed promptly to present the information as 1,447
evidence to the grand jury and shall notify the commission of the 1,448
grand jury's final actions, findings of indictments, or reports. 1,449
35
The special prosecutor may disclose to the attorney general any 1,450
matters occurring before the grand jury that are disclosed to the 1,451
special prosecutor for use in the performance of his THE SPECIAL 1,452
PROSECUTOR'S duties. The information shall be presented as 1,454
evidence to the grand jury prior to the discharge of the next 1,455
regular grand jury. If the special prosecutor fails to present 1,456
the information as evidence within that time, the commission 1,457
shall notify the attorney general and refer a copy of all of the 1,458
information to the attorney general, the attorney general may 1,459
proceed as if the special prosecutor had declined under this 1,460
division to accept the matter, and the special prosecutor 1,461
promptly shall return to the commission all of the information 1,462
that the commission had referred to the special prosecutor under 1,463
this division.
(4) The referral of information by a task force to a 1,465
prosecuting attorney, to the attorney general, to the commission, 1,466
or to a special prosecutor under this division, the content, 1,467
scope, and subject of any information so referred, and the 1,468
identity of any person who was investigated by the task force 1,469
shall be kept confidential by the task force and its director, 1,470
investigatory staff, and employees, by the commission and its 1,471
director and, employees, AND CONSULTANTS, by the prosecuting 1,473
attorney and his THE PROSECUTING ATTORNEY'S assistants and 1,475
employees, by the special prosecutor and his THE SPECIAL 1,476
PROSECUTOR'S assistants and employees, and by the attorney 1,477
general and his THE ATTORNEY GENERAL'S assistants and employees 1,479
until an indictment is returned or a criminal action or 1,480
proceeding is initiated in a court of proper jurisdiction. 1,481
(5) Any information gathered by a task force during the 1,483
course of its investigation that is in the possession of the task 1,484
force, a prosecuting attorney, the attorney general, the 1,485
commission, or a special prosecutor, and any record that pertains 1,486
to any such information and that is maintained by the task force, 1,487
a prosecuting attorney, the attorney general, the commission, or 1,488
36
a special prosecutor is a confidential law enforcement 1,489
investigatory record for purposes of section 149.43 of the 1,490
Revised Code. However, no provision contained in this division 1,491
or that section affects or limits or shall be construed as 1,492
affecting or limiting any right of discovery granted to any 1,493
person under the Revised Code, the Rules of Criminal Procedure, 1,494
or the Rules of Juvenile Procedure. 1,495
(6) In no case shall the commission, a task force, a 1,497
prosecuting attorney, a special prosecutor, or the attorney 1,498
general publicly issue a report or summary that identifies or 1,499
enables the identification of any person who has been or is being 1,500
investigated under sections 177.01 to 177.03 of the Revised Code 1,501
unless an indictment is returned against the person or a criminal 1,502
action or proceeding is initiated against the person in a court 1,503
of proper jurisdiction. 1,504
(7) For purposes of divisions (C) and (D) of this section, 1,506
the office of a prosecuting attorney, the attorney general, a 1,507
sheriff, or a chief law enforcement officer shall be considered 1,508
as being implicated in organized criminal activity only if the 1,509
prosecuting attorney, attorney general, sheriff, or chief law 1,510
enforcement officer, one or more of his THE assistants, deputies, 1,512
or officers THEREOF, or one or more of his THE employees THEREOF 1,514
has committed or attempted or conspired to commit, is committing 1,515
or attempting or conspiring to commit, or has engaged in or is 1,516
engaging in complicity in the commission of, organized criminal 1,517
activity.
(8) For purposes of this section, notification by a 1,519
prosecuting attorney or special prosecutor may be accomplished by 1,520
certified mail or such ANY other documentation as THAT is agreed 1,522
upon by the prosecuting attorney or special prosecutor and the 1,523
commission or their representatives. Notice by certified mail is 1,524
complete upon mailing. 1,525
(E) If an organized crime task force has probable cause to 1,527
believe, pursuant to its investigation of organized criminal 1,528
37
activity in a SINGLE county or in two or more adjacent counties, 1,529
that a law of another state or the United States has been or is 1,531
being violated, the task force director shall notify the 1,532
commission chairman CHAIRPERSON of that belief and the reasons 1,533
for that belief. The chairman CHAIRPERSON shall present that 1,535
belief and those reasons to the commission, and, if the 1,537
commission determines that there is probable cause to believe 1,538
that such a law has been or is being violated, the commission may 1,539
refer the matter to the attorney general of the other state or to 1,540
the appropriate United States attorney, whichever is applicable, 1,541
and provide him THAT ATTORNEY GENERAL OR UNITED STATES ATTORNEY 1,542
with a copy of relevant information. 1,543
Sec. 2151.18. (A)(1) The juvenile court shall maintain 1,552
records of all official cases brought before it, including an 1,553
appearance docket, a journal, and a cashbook. The court shall 1,554
maintain a separate docket for traffic cases and shall record all 1,556
traffic cases on the separate docket instead of on the general 1,558
appearance docket. The parents of any child affected, if they 1,559
are living, or the nearest of kin of the child, if the parents 1,560
are deceased, may inspect these records, either in person or by 1,561
counsel during the hours in which the court is open.
(2) The juvenile court shall send to the superintendent of 1,563
the bureau of criminal identification and investigation, pursuant 1,564
to section 109.57 of the Revised Code, a weekly report containing 1,565
a summary of each case that has come before it and that involves 1,566
an adjudication that a child is a delinquent child for committing 1,567
a designated delinquent AN act or juvenile THAT WOULD BE A FELONY 1,568
OR AN offense, as defined in section 109.57 of the Revised Code 1,569
VIOLENCE IF COMMITTED BY AN ADULT. 1,570
(B) The clerk of the court shall maintain a statistical 1,572
record that includes all of the following: 1,573
(1) The number of complaints that are filed with the court 1,575
that allege that a child is a delinquent child, in relation to 1,576
which the court determines under division (D) of section 2151.27 1,577
38
of the Revised Code that the victim of the alleged delinquent act 1,579
was sixty-five years of age or older or permanently and totally 1,580
disabled at the time of the alleged commission of the act; 1,581
(2) The number of complaints described in division (B)(1) 1,583
of this section that result in the child being adjudicated a 1,584
delinquent child; 1,585
(3) The number of complaints described in division (B)(2) 1,587
of this section in which the act upon which the delinquent child 1,588
adjudication is based caused property damage or would be a theft 1,589
offense, as defined in division (K) of section 2913.01 of the 1,590
Revised Code, if committed by an adult; 1,591
(4) The number of complaints described in division (B)(3) 1,593
of this section that result in the delinquent child being 1,594
required as an order of disposition made under division (A)(8)(b) 1,595
of section 2151.355 of the Revised Code to make restitution for 1,596
all or part of the property damage caused by his THE CHILD'S 1,597
delinquent act or for all or part of the value of the property 1,599
that was the subject of the delinquent act that would be a theft 1,600
offense if committed by an adult; 1,601
(5) The number of complaints described in division (B)(2) 1,603
of this section in which the act upon which the delinquent child 1,604
adjudication is based would have been an offense of violence if 1,605
committed by an adult; 1,606
(6) The number of complaints described in division (B)(5) 1,608
of this section that result in the delinquent child being 1,609
committed as an order of disposition made under division (A)(3), 1,610
(4), (5), (6), or (7) of section 2151.355 of the Revised Code to 1,611
any facility for delinquent children operated by the county, a 1,612
district, or a private agency or organization or to the 1,613
department of youth services; 1,614
(7) The number of complaints described in division (B)(1) 1,616
of this section that result in the case being transferred for 1,617
criminal prosecution to an appropriate court having jurisdiction 1,618
of the offense under section 2151.26 of the Revised Code. 1,619
39
(C) The clerk of the court shall compile an annual summary 1,621
covering the preceding calendar year showing all of the 1,622
information for that year contained in the statistical record 1,623
maintained under division (B) of this section. The statistical 1,624
record and the annual summary shall be public records open for 1,625
inspection. Neither the statistical record nor the annual 1,626
summary shall include the identity of any party to a case. 1,627
(D) Not later than June of each year, the court shall 1,629
prepare an annual report covering the preceding calendar year 1,630
showing the number and kinds of cases that have come before it, 1,631
the disposition of the cases, and any other data pertaining to 1,632
the work of the court that the juvenile judge directs. The court 1,634
shall file copies of the report with the board of county
commissioners. With the approval of the board, the court may 1,635
print or cause to be printed copies of the report for 1,636
distribution to persons and agencies interested in the court or 1,638
community program for dependent, neglected, abused, or delinquent 1,639
children and juvenile traffic offenders. The court shall include 1,640
the number of copies ordered printed and the estimated cost of
each printed copy on each copy of the report printed for 1,641
distribution. 1,642
Sec. 2151.313. (A)(1) Except as provided in division 1,651
(A)(2) of this section and in sections 109.57, 109.60, and 109.61 1,653
of the Revised Code, no child shall be fingerprinted or 1,654
photographed in the investigation of any violation of law without 1,655
the consent of the juvenile judge. 1,656
(2) Subject to division (A)(3) of this section, a law 1,659
enforcement officer may fingerprint and photograph a child 1,660
without the consent of the juvenile judge when the child is 1,661
arrested or otherwise taken into custody for the commission of an 1,662
act that would be a felony AN OFFENSE, OTHER THAN A TRAFFIC 1,663
OFFENSE OR A MINOR MISDEMEANOR, if committed by an adult, and 1,664
there is probable cause to believe that the child may have been 1,665
involved in the commission of the act. A law enforcement officer 1,666
40
who takes fingerprints or photographs of a child under division 1,667
(A)(2) of this section immediately shall inform the juvenile 1,668
court that the fingerprints or photographs were taken and shall 1,669
provide the court with the identity of the child, the number of 1,670
fingerprints and photographs taken, and the name and address of 1,671
each person who has custody and control of the fingerprints or 1,672
photographs or copies of the fingerprints or photographs. 1,673
(3) This section does not apply to a child who is fourteen 1,675
years of age or older and under eighteen years of age and to whom 1,676
either of the following applies: 1,677
(a) The child has been arrested or otherwise taken into 1,680
custody for committing, OR has been adjudicated a delinquent 1,681
child for committing, AN ACT THAT WOULD BE A FELONY IF COMMITTED 1,682
BY AN ADULT or has been convicted of or pleaded guilty to 1,683
committing a designated delinquent act or juvenile offense, as 1,684
defined in section 109.57 of the Revised Code FELONY. 1,685
(b) There is probable cause to believe that the child may 1,688
have committed a designated delinquent AN act or juvenile 1,691
offense, as defined in section 109.57 of the Revised Code THAT
WOULD BE A FELONY IF COMMITTED BY AN ADULT. 1,692
(B)(1) Subject to divisions (B)(4), (5), and (6) of this 1,694
section, all fingerprints and photographs of a child obtained or 1,695
taken under division (A)(1) or (2) of this section, and any 1,696
records of the arrest or custody of the child that was the basis 1,697
for the taking of the fingerprints or photographs, initially may 1,698
be retained only until the expiration of thirty days after the 1,699
date taken, except that the court may limit the initial retention 1,700
of fingerprints and photographs of a child obtained under 1,701
division (A)(1) of this section to a shorter period of time and 1,702
except that, if the child is adjudicated a delinquent child for 1,703
the commission of an act described in division (B)(3) of this 1,704
section or is convicted of or pleads guilty to a criminal offense 1,705
for the commission of an act described in division (B)(3) of this 1,706
section, the fingerprints and photographs, and the records of the 1,707
41
arrest or custody of the child that was the basis for the taking 1,708
of the fingerprints and photographs, shall be retained in 1,709
accordance with division (B)(3) of this section. During the 1,710
initial period of retention, the fingerprints and photographs of 1,711
a child, copies of the fingerprints and photographs, and records 1,712
of the arrest or custody of the child shall be used or released 1,713
only in accordance with division (C) of this section. At the 1,714
expiration of the initial period for which fingerprints and 1,715
photographs of a child, copies of fingerprints and photographs of 1,716
a child, and records of the arrest or custody of a child may be 1,717
retained under this division, if no complaint is pending against 1,718
the child in relation to the act for which the fingerprints and 1,719
photographs originally were obtained or taken and if the child 1,720
has neither been adjudicated a delinquent child for the 1,721
commission of that act nor been convicted of or pleaded guilty to 1,722
a criminal offense based on that act subsequent to a transfer of 1,723
the child's case for criminal prosecution pursuant to section 1,724
2151.26 of the Revised Code, the fingerprints and photographs of 1,725
the child, all copies of the fingerprints and photographs, and 1,726
all records of the arrest or custody of the child that was the 1,727
basis of the taking of the fingerprints and photographs shall be 1,728
removed from the file and delivered to the juvenile court. 1,729
(2) If, at the expiration of the initial period of 1,731
retention set forth in division (B)(1) of this section, a 1,732
complaint is pending against the child in relation to the act for 1,733
which the fingerprints and photographs originally were obtained 1,734
or the child either has been adjudicated a delinquent child for 1,735
the commission of an act other than an act described in division 1,736
(B)(3) of this section or has been convicted of or pleaded guilty 1,737
to a criminal offense for the commission of an act other than an 1,738
act described in division (B)(3) of this section subsequent to 1,739
transfer of the child's case, the fingerprints and photographs of 1,740
the child, copies of the fingerprints and photographs, and the 1,741
records of the arrest or custody of the child that was the basis 1,742
42
of the taking of the fingerprints and photographs may further be 1,743
retained, subject to division (B)(4) of this section, until the 1,744
earlier of the expiration of two years after the date on which 1,745
the fingerprints or photographs were taken or the child attains 1,746
eighteen years of age, except that, if the child is adjudicated a 1,747
delinquent child for the commission of an act described in 1,748
division (B)(3) of this section or is convicted of or pleads 1,749
guilty to a criminal offense for the commission of an act 1,750
described in division (B)(3) of this section, the fingerprints 1,751
and photographs, and the records of the arrest or custody of the 1,752
child that was the basis for the taking of the fingerprints and 1,753
photographs, shall be retained in accordance with division (B)(3) 1,754
of this section. 1,755
Except as otherwise provided in division (B)(3) of this 1,757
section, during this additional period of retention, the 1,758
fingerprints and photographs of a child, copies of the 1,759
fingerprints and photographs of a child, and records of the 1,760
arrest or custody of a child shall be used or released only in 1,761
accordance with division (C) of this section. At the expiration 1,762
of the additional period, if no complaint is pending against the 1,763
child in relation to the act for which the fingerprints 1,764
originally were obtained or taken or in relation to another act 1,765
for which the fingerprints were used as authorized by division 1,766
(C) of this section and that would be a felony if committed by an 1,767
adult, the fingerprints of the child, all copies of the 1,768
fingerprints, and all records of the arrest or custody of the 1,769
child that was the basis of the taking of the fingerprints shall 1,770
be removed from the file and delivered to the juvenile court, 1,771
and, if no complaint is pending against the child concerning the 1,772
act for which the photographs originally were obtained or taken 1,773
or concerning an act that would be a felony if committed by an 1,774
adult, the photographs and all copies of the photographs, and, if 1,775
no fingerprints were taken at the time the photographs were 1,776
taken, all records of the arrest or custody that was the basis of 1,777
43
the taking of the photographs shall be removed from the file and 1,778
delivered to the juvenile court. In either case, if, at the 1,779
expiration of the applicable additional period, such a complaint 1,780
is pending against the child, the photographs and copies of the 1,781
photographs of the child, or the fingerprints and copies of the 1,782
fingerprints of the child, whichever is applicable, and the 1,783
records of the arrest or custody of the child may be retained, 1,784
subject to division (B)(4) of this section, until final 1,785
disposition of the complaint, and upon final disposition of the 1,786
complaint, they shall be removed from the file and delivered to 1,787
the juvenile court, except that, if the child is adjudicated a 1,788
delinquent child for the commission of an act described in 1,789
division (B)(3) of this section or is convicted of or pleads 1,790
guilty to a criminal offense for the commission of an act 1,791
described in division (B)(3) of this section, the fingerprints 1,792
and photographs, and the records of the arrest or custody of the 1,793
child that was the basis for the taking of the fingerprints and 1,794
photographs, shall be retained in accordance with division (B)(3) 1,795
of this section. 1,796
(3) If a child is adjudicated a delinquent child for the 1,798
commission of an act in violation of VIOLATING SECTION 2923.42 OF 1,799
THE REVISED CODE OR FOR COMMITTING AN ACT THAT WOULD BE A 1,800
MISDEMEANOR OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT, or is 1,801
convicted of or pleads guilty to a criminal offense for the 1,802
commission of an act that is a violation of, section 2903.01, 1,803
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 1,804
2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 1,805
2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 1,806
2921.34, or 2921.35 of the Revised Code, section 2913.02 2923.42 1,807
of the Revised Code involving the theft of a motor vehicle, 1,809
former section 2907.12 of the Revised Code, A MISDEMEANOR OFFENSE 1,810
OF VIOLENCE, or A VIOLATION OF an existing or former municipal 1,811
ordinance or law of this state, another state, or the United 1,813
States that is substantially equivalent to SECTION 2923.42 OF THE
44
REVISED CODE OR any of those sections MISDEMEANOR OFFENSE OF 1,815
VIOLENCE, both of the following apply: 1,816
(a) Originals and copies of fingerprints and photographs 1,818
of the child obtained or taken under division (A)(1) of this 1,819
section, and any records of the arrest or custody that was the 1,820
basis for the taking of the fingerprints or photographs, may be 1,821
retained for the period of time specified by the juvenile judge 1,822
in that judge's grant of consent for the taking of the 1,823
fingerprints or photographs. Upon the expiration of the 1,824
specified period, all originals and copies of the fingerprints, 1,825
photographs, and records shall be delivered to the juvenile court 1,826
or otherwise disposed of in accordance with any instructions 1,827
specified by the juvenile judge in that judge's grant of consent. 1,828
During the period of retention of the photographs and records, 1,829
all originals and copies of them shall be retained in a file 1,830
separate and apart from all photographs taken of adults. During 1,831
the period of retention of the fingerprints, all originals and 1,832
copies of them may be maintained in the files of fingerprints 1,833
taken of adults. If the juvenile judge who grants consent for 1,834
the taking of fingerprints and photographs under division (A)(1) 1,835
of this section does not specify a period of retention in that 1,836
judge's grant of consent, originals and copies of the 1,838
fingerprints, photographs, and records may be retained in 1,839
accordance with this section as if the fingerprints and 1,840
photographs had been taken under division (A)(2) of this section. 1,841
(b) Originals and copies of fingerprints and photographs 1,843
taken under division (A)(2) of this section, and any records of 1,844
the arrest or custody that was the basis for the taking of the 1,845
fingerprints or photographs, may be retained for the period of 1,846
time and in the manner specified in division (B)(3)(b) of this 1,848
section. Prior to the child's attainment of eighteen years of 1,849
age, all originals and copies of the photographs and records 1,850
shall be retained and shall be kept in a file separate and apart 1,851
from all photographs taken of adults. During the period of 1,852
45
retention of the fingerprints, all originals and copies of them 1,853
may be maintained in the files of fingerprints taken of adults. 1,854
Upon the child's attainment of eighteen years of age, all 1,855
originals and copies of the fingerprints, photographs, and 1,856
records shall be disposed of as follows: 1,857
(i) If the juvenile judge issues or previously has issued 1,859
an order that specifies a manner of disposition of the originals 1,860
and copies of the fingerprints, photographs, and records, they 1,861
shall be delivered to the juvenile court or otherwise disposed of 1,862
in accordance with the order. 1,863
(ii) If the juvenile judge does not issue and has not 1,865
previously issued an order that specifies a manner of disposition 1,866
of the originals and copies of the fingerprints not maintained in 1,867
adult files, photographs, and records, the law enforcement 1,868
agency, in its discretion, either shall remove all originals and 1,869
copies of them from the file in which they had been maintained 1,870
and transfer them to the files that are used for the retention of 1,871
fingerprints and photographs taken of adults who are arrested 1,872
for, otherwise taken into custody for, or under investigation for 1,873
the commission of a criminal offense or shall remove them from 1,874
the file in which they had been maintained and deliver them to 1,875
the juvenile court. If the originals and copies of any 1,876
fingerprints of a child who attains eighteen years of age are 1,877
maintained in the files of fingerprints taken of adults or if 1,878
pursuant to division (B)(3)(b)(ii) of this section the agency 1,880
transfers the originals and copies of any fingerprints not 1,881
maintained in adult files, photographs, or records to the files 1,882
that are used for the retention of fingerprints and photographs 1,883
taken of adults who are arrested for, otherwise taken into 1,884
custody for, or under investigation for the commission of a 1,885
criminal offense, the originals and copies of the fingerprints, 1,886
photographs, and records may be maintained, used, and released 1,887
after they are maintained in the adult files or after the 1,888
transfer as if the fingerprints and photographs had been taken 1,889
46
of, and as if the records pertained to, an adult who was arrested 1,890
for, otherwise taken into custody for, or under investigation for 1,891
the commission of a criminal offense. 1,892
(4) If a sealing or expungement order issued under section 1,894
2151.358 of the Revised Code requires the sealing or destruction 1,895
of any fingerprints or photographs of a child obtained or taken 1,896
under division (A)(1) or (2) of this section or of the records of 1,897
an arrest or custody of a child that was the basis of the taking 1,898
of the fingerprints or photographs prior to the expiration of any 1,899
period for which they otherwise could be retained under division 1,900
(B)(1), (2), or (3) of this section, the fingerprints, 1,901
photographs, and arrest or custody records that are subject to 1,902
the order and all copies of the fingerprints, photographs, and 1,903
arrest or custody records shall be sealed or destroyed in 1,904
accordance with the order. 1,905
(5) All fingerprints of a child, photographs of a child, 1,907
records of an arrest or custody of a child, and copies delivered 1,908
to a juvenile court in accordance with division (B)(1), (2), or 1,909
(3) of this section shall be destroyed by the court. 1,910
(6)(a) All photographs of a child and records of an arrest 1,912
or custody of a child retained pursuant to division (B) of this 1,913
section and not delivered to a juvenile court shall be kept in a 1,914
file separate and apart from fingerprints, photographs, and 1,915
records of an arrest or custody of an adult. All fingerprints of 1,916
a child retained pursuant to division (B) of this section and not 1,917
delivered to a juvenile court may be maintained in the files of 1,918
fingerprints taken of adults. 1,919
(b) If a child who is the subject of photographs or 1,921
fingerprints is adjudicated a delinquent child for the commission 1,922
of an act that would be a felony AN OFFENSE, OTHER THAN A TRAFFIC 1,923
OFFENSE OR A MINOR MISDEMEANOR, if committed by an adult or is 1,924
convicted of or pleads guilty to a criminal offense that is a 1,925
felony, OTHER THAN A TRAFFIC OFFENSE OR A MINOR MISDEMEANOR, all 1,927
fingerprints not maintained in the files of fingerprints taken of 1,928
47
adults and all photographs of the child, and all records of the 1,929
arrest or custody of the child that is the basis of the taking of 1,930
the fingerprints or photographs, that are retained pursuant to 1,931
division (B) of this section and not delivered to a juvenile 1,932
court shall be kept in a file separate and apart from 1,933
fingerprints, photographs, and arrest and custody records of 1,934
children who have not been adjudicated a delinquent child for the 1,935
commission of an act that would be a felony AN OFFENSE, OTHER 1,936
THAN A TRAFFIC OFFENSE OR A MINOR MISDEMEANOR, if committed by an 1,937
adult and have not been convicted of or pleaded guilty to a 1,938
criminal offense that is a felony OTHER THAN A TRAFFIC OFFENSE OR 1,939
A MINOR MISDEMEANOR.
(C) Until they are delivered to the juvenile court or 1,941
sealed, transferred in accordance with division (B)(3)(b) of this 1,942
section, or destroyed pursuant to a sealing or expungement order, 1,943
the originals and copies of fingerprints and photographs of a 1,944
child that are obtained or taken pursuant to division (A)(1) or 1,945
(2) of this section, and the records of the arrest or custody of 1,946
the child that was the basis of the taking of the fingerprints or 1,947
photographs, shall be used or released only as follows: 1,948
(1) During the initial thirty-day period of retention, 1,950
originals and copies of fingerprints and photographs of a child, 1,951
and records of the arrest or custody of a child, shall be used, 1,952
prior to the filing of a complaint against the child in relation 1,953
to the act for which the fingerprints and photographs were 1,954
originally obtained or taken, only for the investigation of that 1,955
act and shall be released, prior to the filing of the complaint, 1,956
only to a court that would have jurisdiction of the child's case 1,957
under this chapter. Subsequent to the filing of a complaint, 1,958
originals and copies of fingerprints and photographs of a child, 1,959
and records of the arrest or custody of a child, shall be used or 1,960
released during the initial thirty-day period of retention only 1,961
as provided in division (C)(2)(a), (b), or (c) of this section. 1,962
(2) Originals and copies of fingerprints and photographs 1,964
48
of a child, and records of the arrest or custody of a child, that 1,965
are retained beyond the initial thirty-day period of retention 1,966
subsequent to the filing of a complaint, a delinquent child 1,967
adjudication, or a conviction of or guilty plea to a criminal 1,968
offense shall be used or released only as follows: 1,969
(a) Originals and copies of photographs of a child, and, 1,971
if no fingerprints were taken at the time the photographs were 1,972
taken, records of the arrest or custody of the child that was the 1,973
basis of the taking of the photographs, may be used only as 1,974
follows: 1,975
(i) They may be used for the investigation of the act for 1,977
which they originally were obtained or taken; if the child who is 1,978
the subject of the photographs is a suspect in the investigation, 1,979
for the investigation of any act that would be an offense if 1,980
committed by an adult; and for arresting or bringing the child 1,981
into custody. 1,982
(ii) If the child who is the subject of the photographs is 1,984
adjudicated a delinquent child for the commission of an act that 1,985
would be a felony if committed by an adult or is convicted of or 1,986
pleads guilty to a criminal offense that is a felony as a result 1,987
of the arrest or custody that was the basis of the taking of the 1,988
photographs, a law enforcement officer may use the photographs 1,989
for a photo line-up conducted as part of the investigation of any 1,990
act that would be a felony if committed by an adult, whether or 1,991
not the child who is the subject of the photographs is a suspect 1,992
in the investigation. No later than ninety days after a law 1,993
enforcement officer uses the photographs in a photo line-up, the 1,994
officer shall return them to the file from which the officer 1,995
obtained them. 1,996
(b) Originals and copies of fingerprints of a child, and 1,998
records of the arrest or custody of the child that was the basis 1,999
of the taking of the fingerprints, may be used only for the 2,000
investigation of the act for which they originally were obtained 2,001
or taken; if a child is a suspect in the investigation, for the 2,002
49
investigation of another act that would be an offense if 2,003
committed by an adult; and for arresting or bringing the child 2,004
into custody. 2,005
(c) Originals and copies of fingerprints, photographs, and 2,007
records of the arrest or custody that was the basis of the taking 2,008
of the fingerprints or photographs shall be released only to the 2,009
following: 2,010
(i) Law enforcement officers of this state or a political 2,012
subdivision of this state, upon notification to the juvenile 2,013
court of the name and address of the law enforcement officer or 2,014
agency to whom or to which they will be released; 2,015
(ii) A court that has jurisdiction of the child's case 2,017
under Chapter 2151. of the Revised Code or subsequent to a 2,018
transfer of the child's case for criminal prosecution pursuant to 2,019
section 2151.26 of the Revised Code. 2,020
(D) No person shall knowingly do any of the following: 2,022
(1) Fingerprint or photograph a child in the investigation 2,024
of any violation of law other than as provided in division (A)(1) 2,025
or (2) of this section or in sections 109.57, 109.60, and 109.61 2,026
of the Revised Code;
(2) Retain fingerprints or photographs of a child obtained 2,028
or taken under division (A)(1) or (2) of this section, copies of 2,029
fingerprints or photographs of that nature, or records of the 2,031
arrest or custody that was the basis of the taking of 2,032
fingerprints or photographs of that nature other than in 2,033
accordance with division (B) of this section; 2,035
(3) Use or release fingerprints or photographs of a child 2,037
obtained or taken under division (A)(1) or (2) of this section, 2,038
copies of fingerprints or photographs of that nature, or records 2,040
of the arrest or custody that was the basis of the taking of 2,041
fingerprints or photographs of that nature other than in 2,042
accordance with division (B) or (C) of this section. 2,043
Sec. 2151.355. (A) If a child is adjudicated a delinquent 2,053
child, the court may make any of the following orders of 2,055
50
disposition:
(1) Any order that is authorized by section 2151.353 of 2,057
the Revised Code; 2,058
(2) Place the child on probation under any conditions that 2,060
the court prescribes. If the child is adjudicated a delinquent 2,061
child for violating section 2909.05, 2909.06, or 2909.07 of the 2,063
Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to 2,064
make restitution for the property damage caused by the child's 2,065
violation as a condition of the child's probation. If the child 2,067
is adjudicated a delinquent child because the child violated any 2,068
other section of the Revised Code, the court may require the 2,069
child as a condition of the child's probation to make restitution 2,070
for the property damage caused by the child's violation and for 2,071
the value of the property that was the subject of the violation 2,072
the child committed if it would be a theft offense, as defined in 2,073
division (K) of section 2913.01 of the Revised Code, if committed 2,074
by an adult. The restitution may be in the form of a cash 2,075
reimbursement paid in a lump sum or in installments, the 2,076
performance of repair work to restore any damaged property to its 2,077
original condition, the performance of a reasonable amount of 2,078
labor for the victim approximately equal to the value of the 2,079
property damage caused by the child's violation or to the value 2,080
of the property that is the subject of the violation if it would 2,081
be a theft offense if committed by an adult, the performance of 2,082
community service or community work, any other form of 2,083
restitution devised by the court, or any combination of the 2,084
previously described forms of restitution.
If the child is adjudicated a delinquent child for 2,086
violating a law of this state or the United States, or an 2,087
ordinance or regulation of a political subdivision of this state, 2,088
that would be a crime if committed by an adult or for violating 2,090
division (A) of section 2923.211 of the Revised Code, the court,
in addition to all other required or permissive conditions of 2,092
51
probation that the court imposes upon the delinquent child 2,094
pursuant to division (A)(2) of this section, shall require the 2,095
child as a condition of the child's probation to abide by the law 2,096
during the period of probation, including, but not limited to, 2,097
complying with the provisions of Chapter 2923. of the Revised 2,098
Code relating to the possession, sale, furnishing, transfer, 2,099
disposition, purchase, acquisition, carrying, conveying, or use 2,100
of, or other conduct involving, a firearm or dangerous ordnance, 2,101
as defined in section 2923.11 of the Revised Code. 2,102
(3) Commit the child to the temporary custody of any 2,104
school, camp, institution, or other facility operated for the 2,106
care of delinquent children by the county, by a district 2,107
organized under section 2151.34 or 2151.65 of the Revised Code, 2,108
or by a private agency or organization, within or without the 2,109
state, that is authorized and qualified to provide the care, 2,110
treatment, or placement required;
(4) If the child is adjudicated a delinquent child for 2,112
committing an act that would be a felony of the third, fourth, or 2,113
fifth degree if committed by an adult or for violating division 2,115
(A) of section 2923.211 of the Revised Code, commit the child to 2,116
the legal custody of the department of youth services for 2,117
institutionalization for an indefinite term consisting of a 2,118
minimum period of six months and a maximum period not to exceed 2,119
the child's attainment of twenty-one years of age; 2,120
(5)(a) If the child is adjudicated a delinquent child for 2,122
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or 2,123
division (A) of section 2903.04 of the Revised Code or for 2,124
violating any provision of section 2907.02 of the Revised Code 2,125
other than division (A)(1)(b) of that section when the sexual 2,127
conduct or insertion involved was consensual and when the victim
of the violation of division (A)(1)(b) of that section was older 2,129
than the delinquent child, was the same age as the delinquent 2,130
child, or was less than three years younger than the delinquent 2,131
child, commit the child to the legal custody of the department of 2,132
52
youth services for institutionalization in a secure facility for 2,133
an indefinite term consisting of a minimum period of one to three 2,134
years, as prescribed by the court, and a maximum period not to 2,135
exceed the child's attainment of twenty-one years of age; 2,136
(b) If the child is adjudicated a delinquent child for 2,139
violating section 2923.02 of the Revised Code and if the 2,140
violation involves an attempt to commit a violation of section
2903.01 or 2903.02 of the Revised Code, commit the child to the 2,142
legal custody of the department of youth services for
institutionalization in a secure facility for an indefinite term 2,143
consisting of a minimum period of six to seven years, as 2,144
prescribed by the court, and a maximum period not to exceed the 2,145
child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for 2,147
committing an act that is not described in division (A)(5)(a) or 2,148
(b) of this section and that would be a felony of the first or 2,149
second degree if committed by an adult, commit the child to the 2,150
legal custody of the department of youth services for 2,151
institutionalization in a secure facility for an indefinite term 2,152
consisting of a minimum period of one year and a maximum period 2,153
not to exceed the child's attainment of twenty-one years of age. 2,154
(6) If the child is adjudicated a delinquent child for 2,156
committing a violation of section 2903.01 or 2903.02 of the 2,157
Revised Code, commit the child to the legal custody of the 2,159
department of youth services for institutionalization in a secure 2,160
facility until the child's attainment of twenty-one years of age; 2,161
(7)(a) If the child is adjudicated a delinquent child for 2,164
committing an act, other than a violation of section 2923.12 of 2,165
the Revised Code, that would be a felony if committed by an adult 2,166
and is committed to the legal custody of the department of youth 2,167
services pursuant to division (A)(4), (5), or (6) of this section 2,168
and if the court determines that the child, if the child was an 2,169
adult, would be guilty of a specification of the type set forth 2,170
in section 2941.141, 2941.144, 2941.145, or 2941.146 of the 2,171
53
Revised Code in relation to the act for which the child was 2,172
adjudicated a delinquent child, commit the child to the legal 2,173
custody of the department of youth services for
institutionalization in a secure facility for the following 2,174
period of time, subject to division (A)(7)(b)(c) of this section: 2,175
(i) If the child would be guilty of a specification of the 2,177
type set forth in section 2941.141 of the Revised Code, a period 2,178
of one year; 2,179
(ii) If the child would be guilty of a specification of 2,181
the type set forth in section 2941.144, 2941.145, or 2941.146 of 2,182
the Revised Code, a period of three years. 2,183
(b) IF THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 2,185
COMMITTING A CATEGORY ONE OFFENSE OR A CATEGORY TWO OFFENSE AND 2,186
IS COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH 2,187
SERVICES PURSUANT TO DIVISION (A)(5) OR (6) OF THIS SECTION AND 2,188
IF THE COURT DETERMINES THAT THE CHILD, IF THE CHILD WAS AN 2,189
ADULT, WOULD BE GUILTY OF A SPECIFICATION OF THE TYPE SET FORTH 2,190
IN SECTION 2941.142 OF THE REVISED CODE IN RELATION TO THE ACT 2,191
FOR WHICH THE CHILD WAS ADJUDICATED A DELINQUENT CHILD, THE COURT 2,192
SHALL COMMIT THE CHILD TO THE LEGAL CUSTODY OF THE DEPARTMENT OF 2,194
YOUTH SERVICES FOR INSTITUTIONALIZATION IN A SECURE FACILITY FOR
A PERIOD OF NOT LESS THAN ONE YEAR OR MORE THAN THREE YEARS, 2,195
SUBJECT TO DIVISION (A)(7)(c) OF THIS SECTION. 2,197
(c) The court shall not commit a child to the legal 2,201
custody of the department of youth services pursuant to division 2,202
(A)(7)(a) OR (b) of this section for a period of time that 2,204
exceeds three years. The period of commitment imposed pursuant 2,205
to division (A)(7)(a) OR (b) of this section shall be in addition 2,207
to, and shall be served consecutively with and prior to, a period 2,208
of commitment ordered pursuant to division (A)(4), (5), or (6) of 2,209
this section, provided that the total of all the periods of 2,210
commitment shall not exceed the child's attainment of twenty-one 2,211
years of age.
(8)(a) Impose a fine and costs in accordance with the 2,214
54
schedule set forth in section 2151.3512 of the Revised Code;
(b) Require the child to make restitution for all or part 2,216
of the property damage caused by the child's delinquent act and 2,217
for all or part of the value of the property that was the subject 2,218
of any delinquent act the child committed that would be a theft 2,219
offense, as defined in division (K) of section 2913.01 of the 2,220
Revised Code, if committed by an adult. If the court determines 2,221
that the victim of the child's delinquent act was sixty-five 2,222
years of age or older or permanently and totally disabled at the 2,223
time of the commission of the act, the court, regardless of 2,224
whether or not the child knew the age of the victim, shall 2,225
consider that fact in favor of imposing restitution, but that 2,226
fact shall not control the decision of the court. The 2,227
restitution may be in the form of a cash reimbursement paid in a 2,228
lump sum or in installments, the performance of repair work to 2,229
restore any damaged property to its original condition, the 2,230
performance of a reasonable amount of labor for the victim, the 2,231
performance of community service or community work, any other 2,232
form of restitution devised by the court, or any combination of 2,233
the previously described forms of restitution. 2,234
(9) Subject to division (D) of this section, suspend or 2,237
revoke the driver's license, probationary driver's license, or 2,238
temporary instruction permit issued to the child or suspend or 2,239
revoke the registration of all motor vehicles registered in the 2,240
name of the child. A child whose license or permit is so 2,241
suspended or revoked is ineligible for issuance of a license or 2,242
permit during the period of suspension or revocation. At the end 2,243
of the period of suspension or revocation, the child shall not be 2,244
reissued a license or permit until the child has paid any 2,245
applicable reinstatement fee and complied with all requirements 2,246
governing license reinstatement.
(10) If the child is adjudicated a delinquent child for 2,248
committing an act that, if committed by an adult, would be a 2,250
criminal offense that would qualify the adult as an eligible
55
offender pursuant to division (A)(3) of section 2929.23 of the 2,251
Revised Code, impose a period of electronically monitored house 2,252
detention in accordance with division (I) of this section that 2,254
does not exceed the maximum sentence of imprisonment that could 2,255
be imposed upon an adult who commits the same act; 2,256
(11) IMPOSE A PERIOD OF DAY REPORTING IN WHICH THE CHILD 2,258
IS REQUIRED EACH DAY TO REPORT TO AND LEAVE A CENTER OR OTHER 2,259
APPROVED REPORTING LOCATION AT SPECIFIED TIMES IN ORDER TO 2,260
PARTICIPATE IN WORK, EDUCATION OR TRAINING, TREATMENT, AND OTHER 2,261
APPROVED PROGRAMS AT THE CENTER OR OUTSIDE THE CENTER; 2,262
(12) IMPOSE A PERIOD OF ELECTRONICALLY MONITORED HOUSE 2,264
ARREST IN ACCORDANCE WITH DIVISION (I) OF THIS SECTION; 2,266
(13) IMPOSE A PERIOD OF COMMUNITY SERVICE OF UP TO FIVE 2,268
HUNDRED HOURS; 2,269
(14) IMPOSE A PERIOD IN AN ALCOHOL OR DRUG TREATMENT 2,271
PROGRAM WITH A LEVEL OF SECURITY FOR THE CHILD AS DETERMINED 2,272
NECESSARY BY THE COURT; 2,273
(15) IMPOSE A PERIOD OF INTENSIVE SUPERVISION, IN WHICH 2,275
THE CHILD IS REQUIRED TO MAINTAIN FREQUENT CONTACT WITH A PERSON 2,276
APPOINTED BY THE COURT TO SUPERVISE THE CHILD WHILE THE CHILD IS 2,277
SEEKING OR MAINTAINING EMPLOYMENT AND PARTICIPATING IN TRAINING, 2,278
EDUCATION, AND TREATMENT PROGRAMS AS THE ORDER OF DISPOSITION; 2,280
(16) IMPOSE A PERIOD OF BASIC SUPERVISION, IN WHICH THE 2,282
CHILD IS REQUIRED TO MAINTAIN CONTACT WITH A PERSON APPOINTED TO 2,283
SUPERVISE THE CHILD IN ACCORDANCE WITH SANCTIONS IMPOSED BY THE 2,284
COURT; 2,285
(17) IMPOSE A PERIOD OF DRUG AND ALCOHOL USE MONITORING; 2,288
(18) IMPOSE A PERIOD IN WHICH THE COURT ORDERS THE CHILD 2,290
TO OBSERVE A CURFEW THAT MAY INVOLVE DAYTIME OR EVENING HOURS; 2,292
(19) REQUIRE THE CHILD TO OBTAIN A HIGH SCHOOL DIPLOMA, A 2,295
CERTIFICATE OF HIGH SCHOOL EQUIVALENCE, OR EMPLOYMENT; 2,296
(20) IF THE COURT OBTAINS THE ASSENT OF THE VICTIM OF THE 2,299
CRIMINAL ACT COMMITTED BY THE CHILD, REQUIRE THE CHILD TO 2,300
PARTICIPATE IN A RECONCILIATION OR MEDIATION PROGRAM THAT 2,301
56
INCLUDES A MEETING IN WHICH THE CHILD AND THE VICTIM MAY DISCUSS 2,302
THE CRIMINAL ACT, DISCUSS RESTITUTION, AND CONSIDER OTHER 2,303
SANCTIONS FOR THE CRIMINAL ACT.
(21) Commit the child to the temporary or permanent 2,305
custody of the court; 2,306
(12)(22) Make any further disposition that the court finds 2,308
proper, except that the child shall not be placed in any of the 2,309
following:
(a) A state correctional institution, a county, 2,312
multicounty, or municipal jail or workhouse, or another place in 2,313
which an adult convicted of a crime, under arrest, or charged 2,314
with a crime is held;
(b) A community corrections facility, if the child would 2,317
be covered by the definition of public safety beds for purposes 2,318
of sections 5139.41 to 5139.45 of the Revised Code if the court 2,319
exercised its authority to commit the child to the legal custody 2,320
of the department of youth services for institutionalization or 2,321
institutionalization in a secure facility pursuant to division 2,322
(A)(4), (5), or (6) of this section. As used in division 2,324
(A)(12)(22)(b) of this section, "community corrections facility" 2,325
and "public safety beds" have the same meanings as in section 2,326
5139.01 of the Revised Code. 2,327
(B)(1) If a child is adjudicated a delinquent child for 2,330
violating section 2923.32 of the Revised Code, the court, in 2,331
addition to any order of disposition it makes for the child under 2,332
division (A) of this section, shall enter an order of criminal 2,333
forfeiture against the child in accordance with divisions (B)(3), 2,334
(4), (5), and (6) and (C) to (F) of section 2923.32 of the 2,335
Revised Code.
(2) If a child is adjudicated a delinquent child for 2,338
committing two or more acts that would be felonies if committed
by an adult and if the court entering the delinquent child 2,339
adjudication orders the commitment of the child, for two or more 2,340
of those acts, to the legal custody of the department of youth 2,341
57
services for institutionalization or institutionalization in a 2,342
secure facility pursuant to division (A)(4), (5), or (6) of this 2,343
section, the court may order that all of the periods of 2,344
commitment imposed under those divisions for those acts be served 2,346
consecutively in the legal custody of the department of youth 2,347
services and, if applicable, be in addition to and commence 2,348
immediately following the expiration of a period of commitment 2,349
that the court imposes pursuant to division (A)(7) of this 2,350
section. A court shall not commit a delinquent child to the 2,351
legal custody of the department of youth services under division 2,352
(B)(2) of this section for a period that exceeds the child's 2,353
attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for 2,355
committing an act that, if committed by an adult, would be a drug 2,357
abuse offense, as defined in section 2925.01 of the Revised Code, 2,358
or for violating division (B) of section 2917.11 of the Revised 2,359
Code, in addition to imposing in its discretion any other order 2,360
of disposition authorized by this section, the court shall do 2,361
both of the following:
(1) Require the child to participate in a drug abuse or 2,363
alcohol abuse counseling program; 2,364
(2) Suspend or revoke the temporary instruction permit, 2,366
probationary driver's license, or driver's license issued to the 2,368
child for a period of time prescribed by the court or, at the 2,369
discretion of the court, until the child attends and 2,370
satisfactorily completes, a drug abuse or alcohol abuse 2,372
education, intervention, or treatment program specified by the 2,373
court. During the time the child is attending the program, the 2,374
court shall retain any temporary instruction permit, probationary 2,375
driver's license, or driver's license issued to the child, and 2,376
the court shall return the permit or license when the child 2,377
satisfactorily completes the program. 2,378
(D) If a child is adjudicated a delinquent child for 2,381
violating section 2923.122 of the Revised Code, the court, in
58
addition to any order of disposition it makes for the child under 2,383
division (A), (B), or (C) of this section, shall revoke the 2,385
temporary instruction permit and deny the child the issuance of 2,386
another temporary instruction permit in accordance with division 2,387
(E)(1)(b) of section 2923.122 of the Revised Code or shall
suspend the probationary driver's license, restricted license, or 2,390
nonresident operating privilege of the child or deny the child 2,391
the issuance of a probationary driver's license, restricted 2,392
license, or temporary instruction permit in accordance with 2,393
division (E)(1)(a), (c), (d), or (e) of section 2923.122 of the 2,394
Revised Code.
(E)(1) At the dispositional hearing and prior to making 2,396
any disposition pursuant to division (A) of this section, the 2,397
court shall determine whether a victim of the delinquent act 2,398
committed by the child was five years of age or younger at the 2,399
time the delinquent act was committed, whether a victim of the 2,400
delinquent act sustained physical harm to the victim's person 2,401
during the commission of or otherwise as a result of the 2,402
delinquent act, whether a victim of the delinquent act was 2,403
sixty-five years of age or older or permanently and totally 2,404
disabled at the time the delinquent act was committed, and 2,405
whether the delinquent act would have been an offense of violence 2,406
if committed by an adult. If the victim was five years of age or 2,407
younger at the time the delinquent act was committed, sustained 2,408
physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five 2,409
years of age or older or permanently and totally disabled at the 2,411
time the act was committed, regardless of whether the child knew 2,412
the age of the victim, and if the act would have been an offense 2,413
of violence if committed by an adult, the court shall consider 2,414
those facts in favor of imposing commitment under division 2,415
(A)(3), (4), (5), or (6) of this section, but those facts shall 2,416
not control the court's decision.
(2) At the dispositional hearing and prior to making any 2,418
59
disposition pursuant to division (A)(4), (5), or (6) of this 2,419
section, the court shall determine whether the delinquent child 2,420
previously has been adjudicated a delinquent child for a 2,421
violation of a law or ordinance. If the delinquent child 2,422
previously has been adjudicated a delinquent child for a 2,423
violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under 2,424
this section, shall consider the previous delinquent child 2,426
adjudication as a conviction of a violation of the law or 2,427
ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. 2,428
(F)(1) When a juvenile court commits a delinquent child to 2,430
the custody of the department of youth services pursuant to this 2,431
section, the court shall not designate the specific institution 2,432
in which the department is to place the child but instead shall 2,434
specify that the child is to be institutionalized or that the 2,435
institutionalization is to be in a secure facility if that is
required by division (A) of this section. 2,436
(2) When a juvenile court commits a delinquent child to 2,438
the custody of the department of youth services, the court shall 2,439
provide the department with the child's medical records, a copy 2,440
of the report of any mental examination of the child ordered by 2,442
the court, the section or sections of the Revised Code violated 2,443
by the child and the degree of the violation, the warrant to 2,444
convey the child to the department, and a copy of the court's 2,445
journal entry ordering the commitment of the child to the legal 2,446
custody of the department. The court also shall complete the 2,447
form for the standard predisposition investigation report that is 2,448
developed and furnished by the department of youth services
pursuant to section 5139.04 of the Revised Code and provide the 2,449
department with the completed form. The department may refuse to 2,450
accept physical custody of a delinquent child who is committed to 2,452
the legal custody of the department until the court provides to 2,453
the department the documents specified in division (F)(2) of this 2,454
60
section. No officer or employee of the department who refuses to 2,455
accept physical custody of a delinquent child who is committed to 2,456
the legal custody of the department shall be subject to
prosecution or contempt of court for the refusal if the court 2,457
fails to provide the documents specified in division (F)(2) of 2,458
this section at the time the court transfers the physical custody 2,459
of the child to the department. 2,460
(3) Within five working days after the juvenile court 2,462
commits a delinquent child to the custody of the department of 2,463
youth services, the court shall provide the department with a 2,464
copy of the arrest record pertaining to the act for which the 2,465
child was adjudicated a delinquent child, a copy of any victim 2,466
impact statement pertaining to that act, and any other 2,467
information concerning the child that the department reasonably 2,468
requests. Within twenty working days after the department of 2,469
youth services receives physical custody of a delinquent child 2,470
from a juvenile court, the court shall provide the department 2,471
with a certified copy of the child's birth certificate or the 2,473
child's social security number, or, if the court made all
reasonable efforts to obtain the information but was 2,474
unsuccessful, the court shall provide the department with 2,475
documentation of the efforts it made to obtain the information. 2,476
(4) When a juvenile court commits a delinquent child to 2,478
the custody of the department of youth services, the court shall 2,479
give notice to the school attended by the child of the child's 2,480
commitment by sending to that school a copy of the court's 2,481
journal entry ordering the commitment. As soon as possible after 2,482
receipt of the notice described in this division, the school 2,483
shall provide the department with the child's school transcript. 2,484
However, the department shall not refuse to accept a child 2,485
committed to it, and a child committed to it shall not be held in 2,486
a county or district detention home, because of a school's 2,487
failure to provide the school transcript that it is required to 2,488
provide under division (F)(4) of this section. 2,489
61
(5) The department of youth services shall provide the 2,491
court and the school with an updated copy of the child's school 2,492
transcript and shall provide the court with a summary of the 2,493
institutional record of the child when it releases the child from 2,494
institutional care. The department also shall provide the court 2,495
with a copy of any portion of the child's institutional record 2,496
that the court specifically requests within five working days of 2,497
the request.
(6) When a juvenile court commits a delinquent child to 2,499
the custody of the department of youth services pursuant to 2,500
division (A)(4) or (5) of this section, the court shall state in 2,501
the order of commitment the total number of days that the child 2,502
has been held, as of the date of the issuance of the order, in 2,503
detention in connection with the delinquent child complaint upon 2,504
which the order of commitment is based. The department shall 2,506
reduce the minimum period of institutionalization or minimum 2,507
period of institutionalization in a secure facility specified in 2,508
division (A)(4) or (5) of this section by both the total number 2,509
of days that the child has been so held in detention as stated by 2,510
the court in the order of commitment and the total number of any 2,511
additional days that the child has been held in detention 2,512
subsequent to the order of commitment but prior to the transfer 2,513
of physical custody of the child to the department.
(G)(1) At any hearing at which a child is adjudicated a 2,516
delinquent child or as soon as possible after the hearing, the
court shall notify all victims of the delinquent act, who may be 2,517
entitled to a recovery under any of the following sections, of 2,518
the right of the victims to recover, pursuant to section 3109.09 2,519
of the Revised Code, compensatory damages from the child's 2,520
parents; of the right of the victims to recover, pursuant to 2,521
section 3109.10 of the Revised Code, compensatory damages from 2,522
the child's parents for willful and malicious assaults committed 2,523
by the child; and of the right of the victims to recover an award 2,524
of reparations pursuant to sections 2743.51 to 2743.72 of the 2,525
62
Revised Code. 2,526
(2) If a child is adjudicated a delinquent child for 2,529
committing an act that, if committed by an adult, would be 2,530
aggravated murder, murder, rape, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, 2,531
involuntary manslaughter, a felony of the first or second degree 2,533
resulting in the death of or physical harm to a person, 2,534
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 2,535
or was substantially equivalent to any of those offenses and if 2,536
the court in its order of disposition for that act commits the 2,537
child to the custody of the department of youth services, the 2,538
court may make a specific finding that the adjudication should be 2,539
considered a conviction for purposes of a determination in the 2,540
future, pursuant to Chapter 2929. of the Revised Code, as to 2,541
whether the child is a repeat violent offender as defined in 2,542
section 2929.01 of the Revised Code. If the court makes a 2,543
specific finding as described in this division, it shall include 2,544
the specific finding in its order of disposition and in the 2,545
record in the case.
(H)(1) If a child is adjudicated a delinquent child for 2,547
committing an act that would be a felony if committed by an adult 2,549
and if the child caused, attempted to cause, threatened to cause, 2,550
or created the risk of physical harm to the victim of the act, 2,551
the court, prior to issuing an order of disposition under this 2,552
section, shall order the preparation of a victim impact statement 2,553
by the probation department of the county in which the victim of 2,554
the act resides, by the court's own probation department, or by a 2,555
victim assistance program that is operated by the state, a 2,556
county, a municipal corporation, or another governmental entity. 2,557
The court shall consider the victim impact statement in 2,558
determining the order of disposition to issue for the child. 2,559
(2) Each victim impact statement shall identify the victim 2,561
of the act for which the child was adjudicated a delinquent 2,562
63
child, itemize any economic loss suffered by the victim as a 2,563
result of the act, identify any physical injury suffered by the 2,564
victim as a result of the act and the seriousness and permanence 2,565
of the injury, identify any change in the victim's personal 2,566
welfare or familial relationships as a result of the act and any 2,567
psychological impact experienced by the victim or the victim's 2,568
family as a result of the act, and contain any other information 2,569
related to the impact of the act upon the victim that the court 2,570
requires. 2,571
(3) A victim impact statement shall be kept confidential 2,573
and is not a public record, as defined in section 149.43 of the 2,574
Revised Code. However, the court may furnish copies of the 2,575
statement to the department of youth services pursuant to 2,576
division (F)(3) of this section or to both the adjudicated 2,577
delinquent child or the adjudicated delinquent child's counsel 2,578
and the prosecuting attorney. The copy of a victim impact 2,580
statement furnished by the court to the department pursuant to 2,581
division (F)(3) of this section shall be kept confidential and is 2,582
not a public record, as defined in section 149.43 of the Revised 2,583
Code. The copies of a victim impact statement that are made 2,584
available to the adjudicated delinquent child or the adjudicated 2,585
delinquent child's counsel and the prosecuting attorney pursuant 2,587
to division (H)(3) of this section shall be returned to the court 2,590
by the person to whom they were made available immediately 2,591
following the imposition of an order of disposition for the child 2,592
under this section.
(I)(1) As used in this division (I)(2) OF THIS SECTION, 2,595
"felony drug abuse offense" has the same meaning as in section 2,596
2925.01 of the Revised Code. 2,597
(2) Sections 2925.41 to 2925.45 of the Revised Code apply 2,599
to children who are adjudicated or could be adjudicated by a 2,600
juvenile court to be delinquent children for an act that, if 2,601
committed by an adult, would be a felony drug abuse offense. 2,602
Subject to division (B) of section 2925.42 and division (E) of 2,603
64
section 2925.43 of the Revised Code, a delinquent child of that 2,604
nature loses any right to the possession of, and forfeits to the 2,605
state any right, title, and interest that the delinquent child 2,606
may have in, property as defined in section 2925.41 and further 2,608
described in section 2925.42 or 2925.43 of the Revised Code. 2,609
(3) SECTIONS 2923.44 TO 2923.47 OF THE REVISED CODE APPLY 2,612
TO CHILDREN WHO ARE ADJUDICATED OR COULD BE ADJUDICATED BY A 2,613
JUVENILE COURT TO BE DELINQUENT CHILDREN FOR AN ACT IN VIOLATION 2,614
OF SECTION 2923.42 OF THE REVISED CODE. SUBJECT TO DIVISION (B) 2,616
OF SECTION 2923.44 AND DIVISION (E) OF SECTION 2923.45 OF THE 2,617
REVISED CODE, A DELINQUENT CHILD OF THAT NATURE LOSES ANY RIGHT 2,618
TO THE POSSESSION OF, AND FORFEITS TO THE STATE ANY RIGHT, TITLE,
AND INTEREST THAT THE DELINQUENT CHILD MAY HAVE IN, PROPERTY AS 2,619
DEFINED IN SECTION 2923.41 OF THE REVISED CODE AND FURTHER 2,620
DESCRIBED IN SECTION 2923.44 OR 2923.45 OF THE REVISED CODE. 2,621
(J)(1) As used in this section: 2,623
(a) "Electronic monitoring device," "certified electronic 2,625
monitoring device," "electronic monitoring system," and 2,626
"certified electronic monitoring system" have the same meanings 2,627
as in section 2929.23 of the Revised Code. 2,628
(b) "Electronically monitored house detention" means a 2,630
period of confinement of a child in the child's home or in other 2,631
premises specified by the court, during which period of 2,633
confinement all of the following apply: 2,634
(i) The child wears, otherwise has attached to the child's 2,636
person, or otherwise is subject to monitoring by a certified 2,637
electronic monitoring device or is subject to monitoring by a 2,638
certified electronic monitoring system. 2,639
(ii) The child is required to remain in the child's home 2,641
or other premises specified by the court for the specified period 2,642
of confinement, except for periods of time during which the child 2,643
is at school or at other premises as authorized by the court. 2,644
(iii) The child is subject to monitoring by a central 2,646
system that monitors the certified electronic monitoring device 2,647
65
that is attached to the child's person or that otherwise is being 2,648
used to monitor the child and that can monitor and determine the 2,650
child's location at any time or at a designated point in time, or 2,651
the child is required to participate in monitoring by a certified 2,653
electronic monitoring system. 2,654
(iv) The child is required by the court to report 2,656
periodically to a person designated by the court. 2,657
(v) The child is subject to any other restrictions and 2,659
requirements that may be imposed by the court. 2,660
(2) A juvenile court, pursuant to division (A)(10) of this 2,662
section, may impose a period of electronically monitored house 2,663
detention upon a child who is adjudicated a delinquent child for 2,664
committing an act that, if committed by an adult, would be a 2,665
criminal offense that would qualify the adult as an eligible 2,666
offender pursuant to division (A)(3) of section 2929.23 of the 2,667
Revised Code. The court may impose a period of electronically 2,668
monitored house detention in addition to or in lieu of any other 2,669
dispositional order imposed upon the child, except that any 2,670
period of electronically monitored house detention shall not 2,671
extend beyond the child's eighteenth birthday. If a court 2,672
imposes a period of electronically monitored house detention upon 2,673
a child, it shall require the child to wear, otherwise have 2,674
attached to the child's person, or otherwise be subject to 2,675
monitoring by a certified electronic monitoring device or to 2,677
participate in the operation of and monitoring by a certified 2,678
electronic monitoring system; to remain in the child's home or 2,679
other specified premises for the entire period of electronically 2,681
monitored house detention except when the court permits the child 2,682
to leave those premises to go to school or to other specified 2,683
premises; to be monitored by a central system that monitors the 2,684
certified electronic monitoring device that is attached to the 2,685
child's person or that otherwise is being used to monitor the 2,686
child and that can monitor and determine the child's location at 2,687
any time or at a designated point in time or to be monitored by 2,688
66
the certified electronic monitoring system; to report 2,689
periodically to a person designated by the court; and, in return 2,690
for receiving a dispositional order of electronically monitored 2,691
house detention, to enter into a written contract with the court 2,692
agreeing to comply with all restrictions and requirements imposed 2,693
by the court, agreeing to pay any fee imposed by the court for 2,694
the costs of the electronically monitored house detention imposed 2,695
by the court pursuant to division (E) of section 2929.23 of the 2,696
Revised Code, and agreeing to waive the right to receive credit 2,697
for any time served on electronically monitored house detention 2,698
toward the period of any other dispositional order imposed upon 2,699
the child for the act for which the dispositional order of 2,700
electronically monitored house detention was imposed if the child 2,701
violates any of the restrictions or requirements of the 2,702
dispositional order of electronically monitored house detention. 2,703
The court also may impose other reasonable restrictions and 2,704
requirements upon the child.
(3) If a child violates any of the restrictions or 2,706
requirements imposed upon the child as part of the child's 2,707
dispositional order of electronically monitored house detention, 2,708
the child shall not receive credit for any time served on 2,709
electronically monitored house detention toward any other 2,710
dispositional order imposed upon the child for the act for which 2,711
the dispositional order of electronically monitored house 2,713
detention was imposed.
(K) Within ten days after completion of the adjudication, 2,715
the court shall give written notice of an adjudication that a 2,716
child is a delinquent child to the superintendent of a city, 2,717
local, exempted village, or joint vocational school district if 2,718
the basis of the adjudication was the commission of an act that 2,719
would be a criminal offense if committed by an adult and that was 2,720
committed by the delinquent child when the child was sixteen 2,721
years of age or older and if the act is any of the following: 2,722
(1) A violation of section 2923.122 of the Revised Code 2,724
67
that relates to property owned or controlled by, or to an 2,725
activity held under the auspices of, the board of education of 2,726
that school district; 2,727
(2) A violation of section 2923.12 of the Revised Code or 2,729
of a substantially similar municipal ordinance that was committed 2,730
on property owned or controlled by, or at an activity held under 2,731
the auspices of, the board of education of that school district; 2,732
(3) A violation of division (A) of section 2925.03 or 2,734
2925.11 of the Revised Code that was committed on property owned 2,735
or controlled by, or at an activity held under the auspices of, 2,736
the board of education of that school district and that is not a 2,737
minor drug possession offense as defined in section 2925.01 of 2,738
the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03, 2,740
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 2,742
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 2,743
at an activity held under the auspices of, the board of education 2,744
of that school district, if the victim at the time of the 2,746
commission of the act was an employee of the board of education 2,747
of that school district;
(5) Complicity in any violation described in division 2,749
(K)(1), (2), (3), or (4) of this section that was alleged to have 2,751
been committed in the manner described in division (K)(1), (2), 2,752
(3), or (4) of this section, regardless of whether the act of 2,754
complicity was committed on property owned or controlled by, or 2,755
at an activity held under the auspices of, the board of education 2,756
of that school district. 2,757
(L) During the period of a delinquent child's probation 2,759
granted under division (A)(2) of this section, authorized 2,762
probation officers who are engaged within the scope of their 2,763
supervisory duties or responsibilities may search, with or 2,764
without a warrant, the person of the delinquent child, the place
of residence of the delinquent child, and a motor vehicle, 2,765
68
another item of tangible or intangible personal property, or 2,766
other real property in which the delinquent child has a right, 2,767
title, or interest or for which the delinquent child has the 2,768
express or implied permission of a person with a right, title, or 2,769
interest to use, occupy, or possess if the probation officers 2,770
have reasonable grounds to believe that the delinquent child is 2,771
not abiding by the law or otherwise is not complying with the 2,772
conditions of the delinquent child's probation. The court that 2,773
places a delinquent child on probation under division (A)(2) of 2,774
this section shall provide the delinquent child with a written 2,775
notice that informs the delinquent child that authorized 2,776
probation officers who are engaged within the scope of their 2,777
supervisory duties or responsibilities may conduct those types of 2,779
searches during the period of probation if they have reasonable
grounds to believe that the delinquent child is not abiding by 2,780
the law or otherwise is not complying with the conditions of the 2,781
delinquent child's probation. The court also shall provide the 2,782
written notice described in division (C)(2)(b) of section 2,783
2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division 2,784
(C)(2)(a) of that section. 2,785
Sec. 2151.356. (A) Unless division (C) of this section 2,794
applies, if a child is adjudicated a juvenile traffic offender, 2,795
the court may make any of the following orders of disposition: 2,796
(1) Impose a fine and costs in accordance with the 2,798
schedule set forth in section 2151.3512 of the Revised Code; 2,799
(2) Suspend the child's driver's license, probationary 2,801
driver's license, or temporary instruction permit or the 2,803
registration of all motor vehicles registered in the name of the 2,804
child for the period that the court prescribes. A child whose 2,805
license or permit is so suspended is ineligible for issuance of a 2,806
license or permit during the period of suspension. At the end of 2,807
the period of suspension, the child shall not be reissued a 2,808
license or permit until the child has paid any applicable 2,810
69
reinstatement fee and complied with all requirements governing 2,811
license reinstatement.
(3) Revoke the child's driver's license, probationary 2,813
driver's license, or temporary instruction permit or the 2,814
registration of all motor vehicles registered in the name of the 2,816
child. A child whose license or permit is so revoked is 2,817
ineligible for issuance of a license or permit during the period 2,818
of revocation. At the end of the period of revocation, the child 2,819
shall not be reissued a license or permit until the child has 2,821
paid any applicable reinstatement fee and complied with all
requirements governing license reinstatement. 2,822
(4) Place the child on probation; 2,824
(5) Require the child to make restitution for all damages 2,826
caused by the child's traffic violation or any part of the 2,827
damages; 2,828
(6) If the child is adjudicated a juvenile traffic 2,830
offender for committing a violation of division (A) of section 2,832
4511.19 of the Revised Code or of a municipal ordinance that is 2,833
substantially comparable to that division, commit the child, for 2,834
not longer than five days, to the temporary custody of a 2,835
detention home or district detention home established under
section 2151.34 of the Revised Code, or to the temporary custody 2,836
of any school, camp, institution, or other facility for children 2,837
operated in whole or in part for the care of juvenile traffic 2,839
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 2,840
private agency or organization within the state that is 2,841
authorized and qualified to provide the care, treatment, or 2,842
placement required. If an order of disposition committing a 2,843
child to the temporary custody of a home, school, camp, 2,844
institution, or other facility of that nature is made under 2,845
division (A)(6) of this section, the length of the commitment
shall not be reduced or diminished as a credit for any time that 2,846
the child was held in a place of detention or shelter care, or 2,847
70
otherwise was detained, prior to entry of the order of 2,848
disposition.
(7) If, after making a disposition under divisions (A)(1) 2,850
to (6) of this section, the court finds upon further hearing that 2,851
the child has failed to comply with the orders of the court and 2,852
the child's operation of a motor vehicle constitutes the child a 2,854
danger to the child and to others, the court may make any 2,855
disposition authorized by divisions (A)(1), (A)(2), and (A)(7) to 2,856
(11)(A)(10), AND (A)(21) of section 2151.355 of the Revised Code, 2,858
except that the child may not be committed to or placed in a 2,859
secure correctional facility unless authorized by division (A)(6) 2,860
of this section, and commitment to or placement in a detention 2,861
home may not exceed twenty-four hours.
(B) If a child is adjudicated a juvenile traffic offender 2,863
for violating division (A) of section 4511.19 of the Revised 2,865
Code, the court shall suspend or revoke the temporary instruction 2,866
permit, probationary driver's license, or driver's license issued 2,868
to the child for a period of time prescribed by the court or, at 2,869
the discretion of the court, until the child attends and 2,870
satisfactorily completes a drug abuse or alcohol abuse education, 2,871
intervention, or treatment program specified by the court.
During the time the child is attending the program, the court 2,872
shall retain any temporary instruction permit, probationary 2,873
driver's license, or driver's license issued to the child and 2,874
shall return the permit or license when the child satisfactorily 2,876
completes the program. If a child is adjudicated a juvenile 2,877
traffic offender for violating division (B) of section 4511.19 of 2,878
the Revised Code, the court shall suspend the temporary 2,879
instruction permit, probationary driver's license, or driver's 2,880
license issued to the child for a period of not less than sixty 2,882
days nor more than two years.
(C) If a child is adjudicated a juvenile traffic offender 2,884
for violating division (B)(1) or (2) of section 4513.263 of the 2,886
Revised Code, the court shall impose the appropriate fine set
71
forth in section 4513.99 of the Revised Code. If a child is 2,887
adjudicated a juvenile traffic offender for violating division 2,889
(B)(3) of section 4513.263 of the Revised Code and if the child 2,891
is sixteen years of age or older, the court shall impose the fine 2,892
set forth in division (G) of section 4513.99 of the Revised Code. 2,893
If a child is adjudicated a juvenile traffic offender for 2,894
violating division (B)(3) of section 4513.263 of the Revised Code 2,895
and if the child is under sixteen years of age, the court shall 2,896
not impose a fine but may place the child on probation. 2,897
(D) A juvenile traffic offender is subject to sections 2,899
4509.01 to 4509.78 of the Revised Code. 2,900
Sec. 2923.41. AS USED IN SECTIONS 2923.41 TO 2923.47 OF 2,902
THE REVISED CODE:
(A) "CRIMINAL GANG" MEANS AN ONGOING FORMAL OR INFORMAL 2,904
ORGANIZATION, ASSOCIATION, OR GROUP OF THREE OR MORE PERSONS TO 2,905
WHICH ALL OF THE FOLLOWING APPLY: 2,906
(1) IT HAS AS ONE OF ITS PRIMARY ACTIVITIES THE COMMISSION 2,909
OF ONE OR MORE OF THE OFFENSES LISTED IN DIVISION (B) OF THIS 2,910
SECTION.
(2) IT HAS A COMMON NAME OR ONE OR MORE COMMON, 2,912
IDENTIFYING SIGNS, SYMBOLS, OR COLORS. 2,913
(3) THE PERSONS IN THE ORGANIZATION, ASSOCIATION, OR GROUP 2,915
INDIVIDUALLY OR COLLECTIVELY ENGAGE IN OR HAVE ENGAGED IN A 2,916
PATTERN OF CRIMINAL GANG ACTIVITY.
(B)(1) "PATTERN OF CRIMINAL GANG ACTIVITY" MEANS, SUBJECT 2,918
TO DIVISION (B)(2) OF THIS SECTION, THAT PERSONS IN THE CRIMINAL 2,920
GANG HAVE COMMITTED, ATTEMPTED TO COMMIT, CONSPIRED TO COMMIT, 2,921
BEEN COMPLICITORS IN THE COMMISSION OF, OR SOLICITED, COERCED, OR 2,922
INTIMIDATED ANOTHER TO COMMIT, ATTEMPT TO COMMIT, CONSPIRE TO 2,923
COMMIT, OR BE IN COMPLICITY IN THE COMMISSION OF TWO OR MORE OF 2,925
ANY OF THE FOLLOWING OFFENSES:
(a) A FELONY OR AN ACT COMMITTED BY A JUVENILE THAT WOULD 2,927
BE A FELONY IF COMMITTED BY AN ADULT; 2,928
(b) AN OFFENSE OF VIOLENCE OR AN ACT COMMITTED BY A 2,930
72
JUVENILE THAT WOULD BE AN OFFENSE OF VIOLENCE IF COMMITTED BY AN 2,931
ADULT;
(c) A VIOLATION OF SECTION 2907.04, 2909.06, 2911.211, 2,935
2917.04, 2919.23, OR 2919.24 OF THE REVISED CODE, SECTION 2921.04 2,937
OR 2923.16 OF THE REVISED CODE, SECTION 2925.03 OF THE REVISED
CODE IF THE OFFENSE IS TRAFFICKING IN MARIHUANA, OR SECTION 2,939
2927.12 OF THE REVISED CODE. 2,940
(2) THERE IS A "PATTERN OF CRIMINAL GANG ACTIVITY" IF ALL 2,942
OF THE FOLLOWING APPLY WITH RESPECT TO THE OFFENSES THAT ARE 2,943
LISTED IN DIVISION (B)(1)(a), (b), OR (c) OF THIS SECTION AND 2,946
THAT PERSONS IN THE CRIMINAL GANG COMMITTED, ATTEMPTED TO COMMIT, 2,947
CONSPIRED TO COMMIT, WERE IN COMPLICITY IN COMMITTING, OR 2,949
SOLICITED, COERCED, OR INTIMIDATED ANOTHER TO COMMIT, ATTEMPT TO 2,950
COMMIT, CONSPIRE TO COMMIT, OR BE IN COMPLICITY IN COMMITTING: 2,951
(a) AT LEAST ONE OF THE TWO OR MORE OFFENSES IS A FELONY. 2,953
(b) AT LEAST ONE OF THOSE TWO OR MORE OFFENSES OCCURS ON 2,955
OR AFTER THE EFFECTIVE DATE OF THIS SECTION. 2,956
(c) THE LAST OF THOSE TWO OR MORE OFFENSES OCCURS WITHIN 2,958
FIVE YEARS AFTER AT LEAST ONE OF THOSE OFFENSES. 2,959
(d) THE TWO OR MORE OFFENSES ARE COMMITTED ON SEPARATE 2,961
OCCASIONS OR BY TWO OR MORE PERSONS. 2,962
(C) "CRIMINAL CONDUCT" MEANS THE COMMISSION OF, AN ATTEMPT 2,964
TO COMMIT, A CONSPIRACY TO COMMIT, COMPLICITY IN THE COMMISSION 2,966
OF, OR SOLICITATION, COERCION, OR INTIMIDATION OF ANOTHER TO 2,967
COMMIT, ATTEMPT TO COMMIT, CONSPIRE TO COMMIT, OR BE IN 2,968
COMPLICITY IN THE COMMISSION OF AN OFFENSE LISTED IN DIVISION 2,969
(B)(1)(a), (b), OR (c) OF THIS SECTION OR AN ACT THAT IS 2,970
COMMITTED BY A JUVENILE AND THAT WOULD BE AN OFFENSE, AN ATTEMPT 2,972
TO COMMIT AN OFFENSE, A CONSPIRACY TO COMMIT AN OFFENSE, 2,973
COMPLICITY IN THE COMMISSION OF, OR SOLICITATION, COERCION, OR 2,974
INTIMIDATION OF ANOTHER TO COMMIT, ATTEMPT TO COMMIT, CONSPIRE TO 2,975
COMMIT, OR BE IN COMPLICITY IN THE COMMISSION OF AN OFFENSE 2,976
LISTED IN DIVISION (B)(1)(a), (b), OR (c) OF THIS SECTION IF 2,978
COMMITTED BY AN ADULT.
73
(D) "JUVENILE" MEANS A PERSON WHO IS UNDER EIGHTEEN YEARS 2,980
OF AGE.
(E) "LAW ENFORCEMENT AGENCY" INCLUDES, BUT IS NOT LIMITED 2,982
TO, THE STATE BOARD OF PHARMACY AND THE OFFICE OF A PROSECUTOR. 2,983
(F) "PROSECUTOR" HAS THE SAME MEANING AS IN SECTION 2,986
2935.01 OF THE REVISED CODE. 2,987
(G) "FINANCIAL INSTITUTION" MEANS A BANK, CREDIT UNION, 2,989
SAVINGS AND LOAN ASSOCIATION, OR A LICENSEE OR REGISTRANT UNDER 2,991
CHAPTER 1321. OF THE REVISED CODE.
(H) "PROPERTY" INCLUDES BOTH OF THE FOLLOWING: 2,993
(1) REAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, THINGS 2,995
GROWING ON, AFFIXED TO, AND FOUND IN THE REAL PROPERTY; 2,997
(2) TANGIBLE AND INTANGIBLE PERSONAL PROPERTY, INCLUDING, 2,999
BUT NOT LIMITED TO, RIGHTS, PRIVILEGES, INTERESTS, CLAIMS, AND 3,001
SECURITIES.
(I) "FIREARMS" AND "DANGEROUS ORDNANCE" HAVE THE SAME 3,003
MEANINGS AS IN SECTION 2923.11 OF THE REVISED CODE. 3,004
(J) "COMPUTERS," "COMPUTER NETWORKS," "COMPUTER SYSTEMS," 3,006
AND "COMPUTER SOFTWARE" HAVE THE SAME MEANINGS AS IN SECTION 3,007
2913.01 OF THE REVISED CODE.
(K) "VEHICLE" HAS THE SAME MEANING AS IN SECTION 4501.01 3,009
OF THE REVISED CODE.
Sec. 2923.42. (A) NO PERSON WHO ACTIVELY PARTICIPATES IN 3,012
A CRIMINAL GANG, WITH KNOWLEDGE THAT THE CRIMINAL GANG ENGAGES IN 3,013
OR HAS ENGAGED IN A PATTERN OF CRIMINAL GANG ACTIVITY, SHALL 3,014
PURPOSELY PROMOTE, FURTHER, OR ASSIST ANY CRIMINAL CONDUCT, AS
DEFINED IN DIVISION (C) OF SECTION 2923.41 OF THE REVISED CODE, 3,015
OR SHALL PURPOSELY COMMIT OR ENGAGE IN ANY ACT THAT CONSTITUTES 3,017
CRIMINAL CONDUCT, AS DEFINED IN DIVISION (C) OF SECTION 2923.41 3,018
OF THE REVISED CODE.
(B) WHOEVER VIOLATES THIS SECTION IS GUILTY OF 3,021
PARTICIPATING IN A CRIMINAL GANG, A FELONY OF THE SECOND DEGREE. 3,023
(C)(1) NOTWITHSTANDING ANY CONTRARY PROVISION OF ANY 3,025
SECTION OF THE REVISED CODE, THE CLERK OF THE COURT SHALL PAY ANY 3,026
74
FINE IMPOSED FOR A VIOLATION OF THIS SECTION PURSUANT TO DIVISION 3,027
(A) OF SECTION 2929.18 OF THE REVISED CODE TO THE COUNTY, 3,029
TOWNSHIP, MUNICIPAL CORPORATION, PARK DISTRICT, AS CREATED 3,030
PURSUANT TO SECTION 511.18 OR 1545.04 OF THE REVISED CODE, OR 3,031
STATE LAW ENFORCEMENT AGENCIES IN THIS STATE THAT PRIMARILY WERE 3,032
RESPONSIBLE FOR OR INVOLVED IN MAKING THE ARREST OF, AND IN 3,033
PROSECUTING, THE OFFENDER. HOWEVER, THE CLERK SHALL NOT PAY A
FINE SO IMPOSED TO A LAW ENFORCEMENT AGENCY UNLESS THE AGENCY HAS 3,035
ADOPTED A WRITTEN INTERNAL CONTROL POLICY UNDER DIVISION (C)(2) 3,036
OF THIS SECTION THAT ADDRESSES THE USE OF THE FINE MONEYS THAT IT 3,037
RECEIVES. EACH AGENCY SHALL USE THE FINES SO PAID IN ACCORDANCE 3,038
WITH THE WRITTEN INTERNAL CONTROL POLICY ADOPTED BY THE RECIPIENT 3,039
AGENCY UNDER DIVISION (C)(2) OF THIS SECTION TO SUBSIDIZE THE 3,041
AGENCY'S LAW ENFORCEMENT EFFORTS THAT PERTAIN TO CRIMINAL GANGS. 3,042
(2)(a) PRIOR TO RECEIVING ANY FINE MONEYS UNDER DIVISION 3,045
(C)(1) OF THIS SECTION OR DIVISION (B)(5) OF SECTION 2923.44 OF 3,046
THE REVISED CODE, A LAW ENFORCEMENT AGENCY SHALL ADOPT A WRITTEN 3,048
INTERNAL CONTROL POLICY THAT ADDRESSES THE AGENCY'S USE AND 3,049
DISPOSITION OF ALL FINE MONEYS SO RECEIVED AND THAT PROVIDES FOR 3,050
THE KEEPING OF DETAILED FINANCIAL RECORDS OF THE RECEIPTS OF 3,051
THOSE FINE MONEYS, THE GENERAL TYPES OF EXPENDITURES MADE OUT OF 3,052
THOSE FINE MONEYS, AND THE SPECIFIC AMOUNT OF EACH GENERAL TYPE 3,053
OF EXPENDITURE. THE POLICY SHALL NOT PROVIDE FOR OR PERMIT THE 3,054
IDENTIFICATION OF ANY SPECIFIC EXPENDITURE THAT IS MADE IN AN 3,055
ONGOING INVESTIGATION. ALL FINANCIAL RECORDS OF THE RECEIPTS OF 3,056
THOSE FINE MONEYS, THE GENERAL TYPES OF EXPENDITURES MADE OUT OF 3,057
THOSE FINE MONEYS, AND THE SPECIFIC AMOUNT OF EACH GENERAL TYPE 3,058
OF EXPENDITURE BY AN AGENCY ARE PUBLIC RECORDS OPEN FOR 3,059
INSPECTION UNDER SECTION 149.43 OF THE REVISED CODE. 3,060
ADDITIONALLY, A WRITTEN INTERNAL CONTROL POLICY ADOPTED UNDER 3,061
DIVISION (C)(2)(a) OF THIS SECTION IS A PUBLIC RECORD OPEN FOR 3,063
INSPECTION UNDER SECTION 149.43 OF THE REVISED CODE, AND THE
AGENCY THAT ADOPTED THE POLICY SHALL COMPLY WITH IT. 3,064
(b) EACH LAW ENFORCEMENT AGENCY THAT RECEIVES IN ANY 3,066
75
CALENDAR YEAR ANY FINE MONEYS UNDER DIVISION (C)(1) OF THIS 3,067
SECTION OR DIVISION (B)(5) OF SECTION 2923.44 OF THE REVISED CODE 3,068
SHALL PREPARE A REPORT COVERING THE CALENDAR YEAR THAT CUMULATES 3,069
ALL OF THE INFORMATION CONTAINED IN ALL OF THE PUBLIC FINANCIAL 3,070
RECORDS KEPT BY THE AGENCY PURSUANT TO DIVISION (C)(2)(a) OF THIS 3,073
SECTION FOR THAT CALENDAR YEAR AND SHALL SEND A COPY OF THE 3,074
CUMULATIVE REPORT, NO LATER THAN THE FIRST DAY OF MARCH IN THE 3,075
CALENDAR YEAR FOLLOWING THE CALENDAR YEAR COVERED BY THE REPORT, 3,076
TO THE ATTORNEY GENERAL. EACH REPORT RECEIVED BY THE ATTORNEY 3,077
GENERAL IS A PUBLIC RECORD OPEN FOR INSPECTION UNDER SECTION 3,078
149.43 OF THE REVISED CODE. THE ATTORNEY GENERAL SHALL MAKE 3,079
COPIES OF EACH REPORT RECEIVED AND, NO LATER THAN THE FIFTEENTH 3,080
DAY OF APRIL IN THE CALENDAR YEAR IN WHICH THE REPORT IS 3,081
RECEIVED, SHALL SEND A COPY OF THE REPORT TO THE PRESIDENT OF THE 3,082
SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. 3,083
(D) A PROSECUTION FOR A VIOLATION OF THIS SECTION DOES NOT 3,086
PRECLUDE A PROSECUTION OF A VIOLATION OF ANY OTHER SECTION OF THE
REVISED CODE. ONE OR MORE ACTS, A SERIES OF ACTS, OR A COURSE OF 3,088
BEHAVIOR THAT CAN BE PROSECUTED UNDER THIS SECTION OR ANY OTHER 3,089
SECTION OF THE REVISED CODE MAY BE PROSECUTED UNDER THIS SECTION, 3,091
THE OTHER SECTION OF THE REVISED CODE, OR BOTH SECTIONS. 3,093
Sec. 2923.43. ANY BUILDING, PREMISES, OR REAL ESTATE, 3,095
INCLUDING VACANT LAND, THAT IS USED OR OCCUPIED BY A CRIMINAL 3,096
GANG ON MORE THAN TWO OCCASIONS WITHIN A ONE-YEAR PERIOD TO 3,098
ENGAGE IN A PATTERN OF CRIMINAL GANG ACTIVITY CONSTITUTES A 3,099
NUISANCE SUBJECT TO ABATEMENT PURSUANT TO SECTIONS 3767.01 TO 3,100
3767.11 OF THE REVISED CODE.
Sec. 2923.44. (A)(1) IN ACCORDANCE WITH DIVISION (B) OF 3,102
THIS SECTION, A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO A 3,103
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, AND A JUVENILE 3,104
WHO IS FOUND BY A JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN 3,105
ACT COMMITTED IN VIOLATION OF SECTION 2923.42 OF THE REVISED 3,106
CODE, LOSES ANY RIGHT TO THE POSSESSION OF PROPERTY AND FORFEITS 3,107
TO THE STATE ANY RIGHT, TITLE, AND INTEREST THE PERSON MAY HAVE 3,108
76
IN THAT PROPERTY IF EITHER OF THE FOLLOWING APPLIES: 3,109
(a) THE PROPERTY CONSTITUTES, OR IS DERIVED DIRECTLY OR 3,111
INDIRECTLY FROM, ANY PROCEEDS THAT THE PERSON OBTAINED DIRECTLY 3,112
OR INDIRECTLY FROM THE COMMISSION OF THE VIOLATION OF SECTION 3,114
2923.42 OF THE REVISED CODE.
(b) THE PROPERTY WAS USED OR INTENDED TO BE USED IN ANY 3,116
MANNER TO COMMIT, OR TO FACILITATE THE COMMISSION OF, THE 3,117
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE. 3,118
(2) ALL RIGHT, TITLE, AND INTEREST OF A PERSON IN PROPERTY 3,120
DESCRIBED IN DIVISION (A)(1) OF THIS SECTION VESTS IN THE STATE 3,121
UPON THE PERSON'S COMMISSION OF THE VIOLATION OF SECTION 2923.42 3,122
OF THE REVISED CODE OF WHICH THE PERSON IS CONVICTED OR TO WHICH 3,123
THE PERSON PLEADS GUILTY AND THAT IS THE BASIS OF THE FORFEITURE, 3,124
OR UPON THE JUVENILE'S COMMISSION OF THE ACT THAT IS A VIOLATION 3,126
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 3,127
BASIS OF THE FORFEITURE. SUBJECT TO DIVISIONS (F)(3)(b) AND 3,129
(5)(b) AND (G)(2) OF THIS SECTION, IF ANY RIGHT, TITLE, OR 3,131
INTEREST IN PROPERTY IS VESTED IN THIS STATE UNDER DIVISION 3,132
(A)(2) OF THIS SECTION AND SUBSEQUENTLY IS TRANSFERRED TO A 3,133
PERSON OTHER THAN THE ADULT OFFENDER OR THE DELINQUENT CHILD WHO 3,134
FORFEITS THE RIGHT, TITLE, OR INTEREST IN THE PROPERTY UNDER 3,135
DIVISION (A)(1) OF THIS SECTION, THEN, IN ACCORDANCE WITH 3,137
DIVISION (B) OF THIS SECTION, THE RIGHT, TITLE, OR INTEREST IN 3,138
THE PROPERTY MAY BE THE SUBJECT OF A SPECIAL VERDICT OF 3,139
FORFEITURE AND, AFTER ANY SPECIAL VERDICT OF FORFEITURE, SHALL BE 3,140
ORDERED FORFEITED TO THIS STATE, UNLESS THE TRANSFEREE 3,141
ESTABLISHES IN A HEARING HELD PURSUANT TO DIVISION (F) OF THIS 3,142
SECTION THAT THE TRANSFEREE IS A BONA FIDE PURCHASER FOR VALUE OF 3,143
THE RIGHT, TITLE, OR INTEREST IN THE PROPERTY AND THAT, AT THE
TIME OF ITS PURCHASE, THE TRANSFEREE WAS REASONABLY WITHOUT CAUSE 3,144
TO BELIEVE THAT IT WAS SUBJECT TO FORFEITURE UNDER THIS SECTION. 3,145
(3) THE PROVISIONS OF SECTION 2923.45 OF THE REVISED CODE 3,147
THAT RELATE TO THE FORFEITURE OF ANY RIGHT, TITLE, OR INTEREST IN 3,148
77
PROPERTY ASSOCIATED WITH A VIOLATION OF SECTION 2923.42 OF THE 3,149
REVISED CODE PURSUANT TO A CIVIL ACTION TO OBTAIN A CIVIL 3,150
FORFEITURE DO NOT APPLY TO THE FORFEITURE OF ANY RIGHT, TITLE, OR 3,151
INTEREST IN PROPERTY DESCRIBED IN DIVISION (A)(1) OF THIS SECTION 3,152
THAT OCCURS PURSUANT TO DIVISION (B) OF THIS SECTION UPON A 3,153
PERSON'S CONVICTION OF OR GUILTY PLEA TO A VIOLATION OF SECTION 3,154
2923.42 OF THE REVISED CODE OR UPON A JUVENILE BEING FOUND BY A 3,155
JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A 3,156
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE.
(4) NOTHING IN THIS SECTION PRECLUDES A FINANCIAL 3,158
INSTITUTION THAT HAS OR PURPORTS TO HAVE A SECURITY INTEREST IN 3,159
OR LIEN ON PROPERTY DESCRIBED IN DIVISION (A)(1) OF THIS SECTION 3,160
FROM COMMENCING A CIVIL ACTION OR TAKING OTHER APPROPRIATE LEGAL 3,161
ACTION IN CONNECTION WITH THE PROPERTY PRIOR TO ITS DISPOSITION 3,162
IN ACCORDANCE WITH SECTION 2923.46 OF THE REVISED CODE FOR THE 3,163
PURPOSE OF OBTAINING POSSESSION OF THE PROPERTY IN ORDER TO 3,164
FORECLOSE OR OTHERWISE ENFORCE THE SECURITY INTEREST OR LIEN. A 3,165
FINANCIAL INSTITUTION MAY COMMENCE A CIVIL ACTION OR TAKE OTHER 3,166
APPROPRIATE LEGAL ACTION FOR THAT PURPOSE PRIOR TO THE 3,167
DISPOSITION OF THE PROPERTY IN ACCORDANCE WITH SECTION 2923.46 OF 3,169
THE REVISED CODE, EVEN IF A PROSECUTION FOR A VIOLATION OF
SECTION 2923.42 OF THE REVISED CODE OR A DELINQUENT CHILD 3,170
PROCEEDING FOR AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF 3,171
THE REVISED CODE HAS BEEN OR COULD BE COMMENCED, EVEN IF THE 3,172
PROPERTY IS OR COULD BE THE SUBJECT OF AN ORDER OF FORFEITURE 3,173
ISSUED UNDER DIVISION (B)(5) OF THIS SECTION, AND EVEN IF THE 3,174
PROPERTY HAS BEEN SEIZED OR IS SUBJECT TO SEIZURE PURSUANT TO 3,175
DIVISION (D) OR (E) OF THIS SECTION.
IF A FINANCIAL INSTITUTION COMMENCES A CIVIL ACTION OR 3,177
TAKES ANY OTHER APPROPRIATE LEGAL ACTION AS DESCRIBED IN DIVISION 3,179
(A)(4) OF THIS SECTION, IF THE FINANCIAL INSTITUTION SUBSEQUENTLY 3,180
CAUSES THE SALE OF THE PROPERTY PRIOR TO ITS SEIZURE PURSUANT TO 3,181
DIVISION (D) OR (E) OF THIS SECTION AND ITS DISPOSITION PURSUANT 3,182
TO SECTION 2923.46 OF THE REVISED CODE, AND IF THE PERSON 3,183
78
RESPONSIBLE FOR THE CONDUCT OF THE SALE HAS ACTUAL KNOWLEDGE OF 3,184
THE COMMENCEMENT OF A PROSECUTION FOR A VIOLATION OF SECTION 3,185
2923.42 OF THE REVISED CODE OR OF A DELINQUENT CHILD PROCEEDING 3,186
FOR AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED 3,187
CODE, ACTUAL KNOWLEDGE OF A PENDING FORFEITURE PROCEEDING UNDER 3,188
DIVISION (B) OF THIS SECTION, OR ACTUAL KNOWLEDGE OF AN ORDER OF 3,189
FORFEITURE ISSUED UNDER DIVISION (B)(5) OF THIS SECTION, THEN THE 3,190
PERSON RESPONSIBLE FOR THE CONDUCT OF THE SALE SHALL DISPOSE OF 3,191
THE PROCEEDS OF THE SALE IN THE FOLLOWING ORDER: 3,192
(a) FIRST, TO THE PAYMENT OF THE COSTS OF THE SALE AND TO 3,194
THE PAYMENT OF THE COSTS INCURRED BY LAW ENFORCEMENT AGENCIES AND 3,195
FINANCIAL INSTITUTIONS IN CONNECTION WITH THE SEIZURE OF, STORAGE 3,196
OF, MAINTENANCE OF, AND PROVISION OF SECURITY FOR THE PROPERTY. 3,197
AS USED IN THIS DIVISION, "COSTS" OF A FINANCIAL INSTITUTION DO 3,198
NOT INCLUDE ATTORNEY'S FEES INCURRED BY THAT INSTITUTION IN 3,199
CONNECTION WITH THE PROPERTY. 3,200
(b) SECOND, THE REMAINING PROCEEDS OF THE SALE AFTER 3,202
COMPLIANCE WITH DIVISION (A)(4)(a) OF THIS SECTION, TO THE 3,204
PAYMENT IN THE ORDER OF PRIORITY OF THE SECURITY INTERESTS AND 3,205
LIENS OF VALID SECURITY INTERESTS AND LIENS PERTAINING TO THE 3,206
PROPERTY THAT, AT THE TIME OF THE VESTING IN THE STATE UNDER 3,207
DIVISION (A)(2) OF THIS SECTION OF THE RIGHT, TITLE, OR INTEREST 3,208
OF THE ADULT OR JUVENILE, ARE HELD BY KNOWN SECURED PARTIES AND 3,209
LIENHOLDERS; 3,210
(c) THIRD, THE REMAINING PROCEEDS OF THE SALE AFTER 3,212
COMPLIANCE WITH DIVISION (A)(4)(b) OF THIS SECTION, TO THE COURT 3,214
THAT HAS OR WOULD HAVE JURISDICTION IN A PROSECUTION FOR A 3,215
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR A DELINQUENT 3,216
CHILD PROCEEDING FOR AN ACT THAT IS A VIOLATION OF SECTION 3,217
2923.42 OF THE REVISED CODE FOR DISPOSITION IN ACCORDANCE WITH 3,218
SECTION 2923.46 OF THE REVISED CODE.
(B)(1) A CRIMINAL FORFEITURE OF ANY RIGHT, TITLE, OR 3,220
INTEREST IN PROPERTY DESCRIBED IN DIVISION (A)(1) OF THIS SECTION 3,221
IS PRECLUDED UNLESS ONE OF THE FOLLOWING APPLIES: 3,222
79
(a) THE INDICTMENT, COUNT IN THE INDICTMENT, OR 3,224
INFORMATION CHARGING THE VIOLATION OF SECTION 2923.42 OF THE 3,225
REVISED CODE SPECIFIES THE NATURE OF THE RIGHT, TITLE, OR 3,226
INTEREST OF THE ALLEGED OFFENDER IN THE PROPERTY DESCRIBED IN 3,227
DIVISION (A)(1) OF THIS SECTION THAT IS POTENTIALLY SUBJECT TO 3,228
FORFEITURE UNDER THIS SECTION, OR A DESCRIPTION OF THE PROPERTY 3,229
OF THE ALLEGED OFFENDER THAT IS POTENTIALLY SUBJECT TO FORFEITURE 3,230
UNDER THIS SECTION, TO THE EXTENT THE RIGHT, TITLE, OR INTEREST 3,231
IN THE PROPERTY OR THE PROPERTY REASONABLY IS KNOWN AT THE TIME 3,232
OF THE FILING OF THE INDICTMENT OR INFORMATION; OR THE COMPLAINT 3,233
CHARGING A JUVENILE WITH BEING A DELINQUENT CHILD FOR THE 3,234
COMMISSION OF AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF 3,235
THE REVISED CODE SPECIFIES THE NATURE OF THE RIGHT, TITLE, OR 3,236
INTEREST OF THE JUVENILE IN THE PROPERTY DESCRIBED IN DIVISION 3,237
(A)(1) OF THIS SECTION THAT IS POTENTIALLY SUBJECT TO FORFEITURE 3,238
UNDER THIS SECTION, OR A DESCRIPTION OF THE PROPERTY OF THE 3,239
JUVENILE THAT IS POTENTIALLY SUBJECT TO FORFEITURE UNDER THIS 3,240
SECTION, TO THE EXTENT THE RIGHT, TITLE, OR INTEREST IN THE 3,241
PROPERTY OR THE PROPERTY REASONABLY IS KNOWN AT THE TIME OF THE 3,242
FILING OF THE COMPLAINT. 3,243
(b) THE PROPERTY IN QUESTION WAS NOT REASONABLY FORESEEN 3,245
TO BE SUBJECT TO FORFEITURE UNDER THIS SECTION AT THE TIME OF THE 3,246
FILING OF THE INDICTMENT, INFORMATION, OR COMPLAINT, THE 3,247
PROSECUTING ATTORNEY GAVE PROMPT NOTICE TO THE ALLEGED OFFENDER 3,248
OR JUVENILE OF THAT PROPERTY WHEN IT WAS DISCOVERED TO BE SUBJECT 3,249
TO FORFEITURE UNDER THIS SECTION, AND A VERDICT OF FORFEITURE 3,250
DESCRIBED IN DIVISION (B)(3) OF THIS SECTION REQUIRES THE 3,251
FORFEITURE OF THAT PROPERTY. 3,252
(2) THE SPECIFICATIONS DESCRIBED IN DIVISION (B)(1) OF 3,254
THIS SECTION SHALL BE STATED AT THE END OF THE BODY OF THE 3,255
INDICTMENT, COUNT IN THE INDICTMENT, INFORMATION, OR COMPLAINT. 3,256
(3)(a) IF A PERSON IS CONVICTED OF OR PLEADS GUILTY TO A 3,258
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR A JUVENILE IS 3,259
FOUND TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A VIOLATION OF 3,260
80
SECTION 2923.42 OF THE REVISED CODE, THEN A SPECIAL PROCEEDING 3,261
SHALL BE CONDUCTED IN ACCORDANCE WITH DIVISION (B)(3) OF THIS 3,262
SECTION TO DETERMINE WHETHER ANY PROPERTY DESCRIBED IN DIVISION 3,264
(B)(1)(a) OR (b) OF THIS SECTION WILL BE THE SUBJECT OF AN ORDER 3,266
OF FORFEITURE UNDER THIS SECTION. EXCEPT AS OTHERWISE PROVIDED 3,267
IN DIVISION (B)(3)(b) OF THIS SECTION, THE JURY IN THE CRIMINAL 3,269
ACTION, THE JUDGE IN THE DELINQUENT CHILD ACTION, OR, IF THE 3,271
CRIMINAL ACTION WAS A NONJURY ACTION, THE JUDGE IN THAT ACTION 3,272
SHALL HEAR AND CONSIDER TESTIMONY AND OTHER EVIDENCE IN THE 3,273
PROCEEDING RELATIVE TO WHETHER ANY PROPERTY DESCRIBED IN DIVISION 3,274
(B)(1)(a) OR (b) OF THIS SECTION IS SUBJECT TO FORFEITURE UNDER 3,276
THIS SECTION. IF THE JURY OR JUDGE DETERMINES THAT THE 3,277
PROSECUTING ATTORNEY HAS ESTABLISHED BY A PREPONDERANCE OF THE 3,278
EVIDENCE THAT ANY PROPERTY SO DESCRIBED IS SUBJECT TO FORFEITURE 3,279
UNDER THIS SECTION, THE JUDGE OR JUVENILE JUDGE SHALL RENDER A 3,280
VERDICT OF FORFEITURE THAT SPECIFICALLY DESCRIBES THE RIGHT, 3,281
TITLE, OR INTEREST IN PROPERTY OR THE PROPERTY THAT IS SUBJECT TO 3,282
FORFEITURE UNDER THIS SECTION. THE RULES OF EVIDENCE SHALL APPLY 3,284
IN THE PROCEEDING. 3,285
(b) IF THE TRIER OF FACT IN A CRIMINAL ACTION FOR A 3,288
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE WAS A JURY, 3,289
THEN, UPON THE FILING OF A MOTION BY THE PERSON WHO WAS CONVICTED 3,290
OF OR PLEADED GUILTY TO THE VIOLATION OF SECTION 2923.42 OF THE 3,291
REVISED CODE, THE DETERMINATIONS IN THE PROCEEDING DESCRIBED IN 3,293
DIVISION (B)(3) OF THIS SECTION INSTEAD SHALL BE MADE BY THE 3,294
JUDGE IN THE CRIMINAL ACTION.
(4) IN A CRIMINAL ACTION FOR A VIOLATION OF SECTION 3,297
2923.42 OF THE REVISED CODE, IF THE TRIER OF FACT IS A JURY, THE 3,298
JURY SHALL NOT BE INFORMED OF ANY SPECIFICATION DESCRIBED IN 3,299
DIVISION (B)(1)(a) OF THIS SECTION OR OF ANY PROPERTY DESCRIBED 3,300
IN THAT DIVISION OR DIVISION (B)(1)(b) OF THIS SECTION PRIOR TO 3,302
THE ALLEGED OFFENDER BEING CONVICTED OF OR PLEADING GUILTY TO THE
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE. 3,304
(5)(a) IF A VERDICT OF FORFEITURE IS ENTERED PURSUANT TO 3,306
81
DIVISION (B)(3) OF THIS SECTION, THEN THE COURT THAT IMPOSES 3,307
SENTENCE UPON A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO A 3,308
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, OR THE JUVENILE 3,309
COURT THAT FINDS A JUVENILE TO BE A DELINQUENT CHILD FOR AN ACT 3,310
THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, IN 3,311
ADDITION TO ANY OTHER SENTENCE IMPOSED UPON THE OFFENDER OR ORDER 3,312
OF DISPOSITION IMPOSED UPON THE DELINQUENT CHILD, SHALL ORDER 3,313
THAT THE OFFENDER OR DELINQUENT CHILD FORFEIT TO THE STATE ALL OF 3,314
THE OFFENDER'S OR DELINQUENT CHILD'S RIGHT, TITLE, AND INTEREST 3,315
IN THE PROPERTY DESCRIBED IN DIVISION (A)(1) OF THIS SECTION. IF 3,316
A PERSON IS CONVICTED OF OR PLEADS GUILTY TO A VIOLATION OF 3,317
SECTION 2923.42 OF THE REVISED CODE, OR A JUVENILE IS FOUND BY A 3,318
JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A 3,319
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, AND DERIVES 3,320
PROFITS OR OTHER PROCEEDS FROM THE OFFENSE OR ACT, THE COURT THAT 3,321
IMPOSES SENTENCE OR AN ORDER OF DISPOSITION UPON THE OFFENDER OR 3,322
DELINQUENT CHILD, IN LIEU OF ANY FINE THAT THE COURT IS OTHERWISE 3,324
AUTHORIZED OR REQUIRED TO IMPOSE, MAY IMPOSE UPON THE OFFENDER OR 3,325
DELINQUENT CHILD A FINE OF NOT MORE THAN TWICE THE GROSS PROFITS 3,326
OR OTHER PROCEEDS SO DERIVED. 3,327
(b) NOTWITHSTANDING ANY CONTRARY PROVISION OF THE REVISED 3,330
CODE, THE CLERK OF THE COURT SHALL PAY ALL FINES IMPOSED PURSUANT 3,332
TO DIVISION (B)(5) OF THIS SECTION TO THE COUNTY, MUNICIPAL 3,333
CORPORATION, TOWNSHIP, PARK DISTRICT CREATED PURSUANT TO SECTION 3,334
511.18 OR 1545.01 OF THE REVISED CODE, OR STATE LAW ENFORCEMENT 3,336
AGENCIES IN THIS STATE THAT WERE PRIMARILY RESPONSIBLE FOR OR 3,337
INVOLVED IN MAKING THE ARREST OF, AND IN PROSECUTING, THE 3,338
OFFENDER. HOWEVER, THE CLERK SHALL NOT PAY A FINE SO IMPOSED TO 3,339
A LAW ENFORCEMENT AGENCY UNLESS THE AGENCY HAS ADOPTED A WRITTEN 3,340
INTERNAL CONTROL POLICY PURSUANT TO DIVISION (C)(2) OF SECTION 3,341
2923.42 OF THE REVISED CODE THAT ADDRESSES THE USE OF THE FINE 3,342
MONEYS THAT IT RECEIVES UNDER DIVISION (B)(5) OF THIS SECTION AND 3,343
DIVISION (C)(1) OF SECTION 2923.42 OF THE REVISED CODE. THE LAW 3,346
ENFORCEMENT AGENCIES SHALL USE THE FINES IMPOSED AND PAID 3,348
82
PURSUANT TO DIVISION (B)(5) OF THIS SECTION TO SUBSIDIZE THEIR
EFFORTS PERTAINING TO CRIMINAL GANGS, IN ACCORDANCE WITH THE 3,349
WRITTEN INTERNAL CONTROL POLICY ADOPTED BY THE RECIPIENT AGENCY 3,350
PURSUANT TO DIVISION (C)(2) OF SECTION 2923.42 OF THE REVISED 3,351
CODE.
(6) IF ANY OF THE PROPERTY THAT IS DESCRIBED IN DIVISION 3,354
(A)(1) OF THIS SECTION AND THAT IS THE SUBJECT OF AN ORDER OF
FORFEITURE ISSUED UNDER DIVISION (B)(5) OF THIS SECTION, BECAUSE 3,355
OF AN ACT OF THE PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO 3,357
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 3,358
BY A JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A 3,360
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE AND THAT IS THE 3,361
BASIS OF THE FORFEITURE, CANNOT BE LOCATED UPON THE EXERCISE OF 3,362
DUE DILIGENCE, HAS BEEN TRANSFERRED TO, SOLD TO, OR DEPOSITED 3,363
WITH A THIRD PARTY, HAS BEEN PLACED BEYOND THE JURISDICTION OF 3,364
THE COURT, HAS BEEN SUBSTANTIALLY DIMINISHED IN VALUE, OR HAS 3,365
BEEN COMMINGLED WITH OTHER PROPERTY THAT CANNOT BE DIVIDED 3,366
WITHOUT DIFFICULTY, THE COURT THAT ISSUES THE ORDER OF FORFEITURE 3,367
SHALL ORDER THE FORFEITURE OF ANY OTHER PROPERTY OF THE OFFENDER 3,368
OR THE DELINQUENT CHILD UP TO THE VALUE OF ANY FORFEITED PROPERTY
DESCRIBED IN DIVISION (B)(6) OF THIS SECTION. 3,370
(C) THERE SHALL BE A REBUTTABLE PRESUMPTION THAT ANY 3,372
RIGHT, TITLE, OR INTEREST OF A PERSON IN PROPERTY DESCRIBED IN 3,373
DIVISION (A)(1) OF THIS SECTION IS SUBJECT TO FORFEITURE UNDER 3,374
DIVISION (B) OF THIS SECTION, IF THE STATE PROVES BOTH OF THE 3,375
FOLLOWING BY A PREPONDERANCE OF THE EVIDENCE: 3,376
(1) THE RIGHT, TITLE, OR INTEREST IN THE PROPERTY WAS 3,378
ACQUIRED BY THE OFFENDER OR DELINQUENT CHILD DURING THE PERIOD OF 3,379
THE COMMISSION OF THE VIOLATION OF SECTION 2923.42 OF THE REVISED 3,380
CODE, OR WITHIN A REASONABLE TIME AFTER THAT PERIOD. 3,381
(2) THERE IS NO LIKELY SOURCE FOR THE RIGHT, TITLE, OR 3,383
INTEREST IN THE PROPERTY OTHER THAN PROCEEDS OBTAINED FROM THE 3,384
COMMISSION OF THE VIOLATION OF SECTION 2923.42 OF THE REVISED 3,385
83
CODE.
(D)(1) UPON THE APPLICATION OF THE PROSECUTING ATTORNEY 3,387
WHO IS PROSECUTING OR HAS JURISDICTION TO PROSECUTE THE VIOLATION 3,389
OF SECTION 2923.42 OF THE REVISED CODE, THE COURT OF COMMON PLEAS
OR JUVENILE COURT OF THE COUNTY IN WHICH PROPERTY SUBJECT TO 3,390
FORFEITURE UNDER DIVISION (B) OF THIS SECTION IS LOCATED, 3,391
WHICHEVER IS APPLICABLE, MAY ISSUE A RESTRAINING ORDER OR 3,392
INJUNCTION, AN ORDER REQUIRING THE EXECUTION OF A SATISFACTORY 3,393
PERFORMANCE BOND, OR AN ORDER TAKING ANY OTHER REASONABLE ACTION 3,394
NECESSARY TO PRESERVE THE AVAILABILITY OF THE PROPERTY, AT EITHER 3,395
OF THE FOLLOWING TIMES:
(a) UPON THE FILING OF AN INDICTMENT, COMPLAINT, OR 3,397
INFORMATION CHARGING A PERSON WHO HAS ANY RIGHT, TITLE, OR 3,398
INTEREST IN THE PROPERTY WITH THE COMMISSION OF A VIOLATION OF 3,399
SECTION 2923.42 OF THE REVISED CODE AND ALLEGING THAT THE 3,400
PROPERTY WITH RESPECT TO WHICH THE ORDER IS SOUGHT WILL BE 3,401
SUBJECT TO FORFEITURE UNDER DIVISION (B) OF THIS SECTION IF THE 3,402
PERSON IS CONVICTED OF OR PLEADS GUILTY TO THE OFFENSE, OR UPON 3,403
THE FILING OF A COMPLAINT ALLEGING THAT A JUVENILE WHO HAS ANY 3,404
RIGHT, TITLE, OR INTEREST IN THE PROPERTY IS A DELINQUENT CHILD 3,405
BECAUSE OF THE COMMISSION OF AN ACT THAT IS A VIOLATION OF 3,406
SECTION 2923.42 OF THE REVISED CODE AND ALLEGING THAT THE
PROPERTY WITH RESPECT TO WHICH THE ORDER IS SOUGHT WILL BE 3,408
SUBJECT TO FORFEITURE UNDER DIVISION (B) OF THIS SECTION IF THE 3,409
JUVENILE IS FOUND TO BE A DELINQUENT CHILD BECAUSE OF THE 3,410
COMMISSION OF THAT ACT;
(b) EXCEPT AS PROVIDED IN DIVISION (D)(3) OF THIS SECTION, 3,413
PRIOR TO THE FILING OF AN INDICTMENT, COMPLAINT, OR INFORMATION
CHARGING A PERSON WHO HAS ANY RIGHT, TITLE, OR INTEREST IN THE 3,414
PROPERTY WITH THE COMMISSION OF A VIOLATION OF SECTION 2923.42 OF 3,415
THE REVISED CODE, OR PRIOR TO THE FILING OF A COMPLAINT ALLEGING 3,416
THAT A JUVENILE WHO HAS ANY RIGHT, TITLE, OR INTEREST IN THE 3,417
PROPERTY IS A DELINQUENT CHILD BECAUSE OF THE COMMISSION OF AN 3,418
ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, 3,419
84
IF, AFTER NOTICE IS GIVEN TO ALL PERSONS KNOWN TO HAVE ANY RIGHT, 3,420
TITLE, OR INTEREST IN THE PROPERTY AND AN OPPORTUNITY TO HAVE A 3,421
HEARING ON THE ORDER IS GIVEN TO THOSE PERSONS, THE COURT 3,422
DETERMINES BOTH OF THE FOLLOWING: 3,423
(i) THERE IS A SUBSTANTIAL PROBABILITY THAT THE STATE WILL 3,425
PREVAIL ON THE ISSUE OF FORFEITURE AND THAT FAILURE TO ENTER THE 3,426
ORDER WILL RESULT IN THE PROPERTY SUBJECT TO FORFEITURE BEING 3,427
DESTROYED, REMOVED FROM THE JURISDICTION OF THE COURT, OR 3,428
OTHERWISE BEING MADE UNAVAILABLE FOR FORFEITURE. 3,429
(ii) THE NEED TO PRESERVE THE AVAILABILITY OF THE PROPERTY 3,431
SUBJECT TO FORFEITURE THROUGH THE ENTRY OF THE REQUESTED ORDER 3,432
OUTWEIGHS THE HARDSHIP ON ANY PARTY AGAINST WHOM THE ORDER IS TO 3,433
BE ENTERED. 3,434
(2) EXCEPT AS PROVIDED IN DIVISION (D)(3) OF THIS SECTION, 3,436
AN ORDER ISSUED UNDER DIVISION (D)(1) OF THIS SECTION IS 3,437
EFFECTIVE FOR NOT MORE THAN NINETY DAYS, UNLESS EXTENDED BY THE 3,438
COURT FOR GOOD CAUSE SHOWN OR UNLESS AN INDICTMENT, COMPLAINT, OR 3,439
INFORMATION CHARGING THE COMMISSION OF A VIOLATION OF SECTION 3,440
2923.42 OF THE REVISED CODE OR A COMPLAINT ALLEGING THAT A 3,441
JUVENILE IS A DELINQUENT CHILD BECAUSE OF THE COMMISSION OF AN 3,442
ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, 3,443
IS FILED AGAINST ANY ALLEGED ADULT OFFENDER OR ALLEGED DELINQUENT 3,444
CHILD WITH ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY THAT IS 3,445
THE SUBJECT OF THE ORDER. 3,446
(3) A COURT MAY ISSUE AN ORDER UNDER DIVISION (D)(1)(b) OF 3,449
THIS SECTION WITHOUT GIVING NOTICE OR AN OPPORTUNITY FOR A 3,450
HEARING TO PERSONS KNOWN TO HAVE ANY RIGHT, TITLE, OR INTEREST IN 3,451
PROPERTY IF THE PROSECUTING ATTORNEY WHO IS PROSECUTING OR HAS 3,452
JURISDICTION TO PROSECUTE THE VIOLATION OF SECTION 2923.42 OF THE 3,453
REVISED CODE DEMONSTRATES THAT THERE IS PROBABLE CAUSE TO BELIEVE 3,454
THAT THE PROPERTY WILL BE SUBJECT TO FORFEITURE UNDER DIVISION 3,455
(B) OF THIS SECTION IF A PERSON WITH ANY RIGHT, TITLE, OR 3,456
INTEREST IN THE PROPERTY IS CONVICTED OF OR PLEADS GUILTY TO A 3,457
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR A JUVENILE 3,458
85
WITH ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY IS FOUND BY A 3,459
JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A 3,460
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE AND THAT GIVING
NOTICE OR AN OPPORTUNITY FOR A HEARING TO PERSONS WITH ANY RIGHT, 3,462
TITLE, OR INTEREST IN THE PROPERTY WILL JEOPARDIZE ITS 3,463
AVAILABILITY FOR FORFEITURE. THE ORDER SHALL BE A TEMPORARY 3,464
ORDER AND SHALL EXPIRE NOT MORE THAN TEN DAYS AFTER THE DATE ON 3,465
WHICH IT IS ENTERED, UNLESS IT IS EXTENDED FOR GOOD CAUSE SHOWN 3,466
OR UNLESS A PERSON WITH ANY RIGHT, TITLE, OR INTEREST IN THE 3,467
PROPERTY THAT IS THE SUBJECT OF THE ORDER CONSENTS TO AN 3,468
EXTENSION FOR A LONGER PERIOD. A HEARING CONCERNING AN ORDER 3,469
ISSUED UNDER DIVISION (D)(3) OF THIS SECTION MAY BE REQUESTED, 3,470
AND, IF IT IS REQUESTED, THE COURT SHALL HOLD THE HEARING AT THE 3,471
EARLIEST POSSIBLE TIME PRIOR TO THE EXPIRATION OF THE ORDER. 3,472
(4) AT ANY HEARING HELD UNDER DIVISION (D) OF THIS 3,474
SECTION, THE COURT MAY RECEIVE AND CONSIDER EVIDENCE AND 3,475
INFORMATION THAT IS INADMISSIBLE UNDER THE RULES OF EVIDENCE. 3,477
EACH HEARING HELD UNDER DIVISION (D) OF THIS SECTION SHALL BE 3,479
RECORDED BY SHORTHAND, BY STENOTYPE, OR BY ANY OTHER MECHANICAL, 3,480
ELECTRONIC, OR VIDEO RECORDING DEVICE. IF, AS A RESULT OF A 3,481
HEARING UNDER DIVISION (D) OF THIS SECTION, PROPERTY WOULD BE 3,482
SEIZED, THE RECORDING OF AND ANY TRANSCRIPT OF THE RECORDING OF 3,483
THAT HEARING SHALL NOT BE A PUBLIC RECORD FOR PURPOSES OF SECTION 3,484
149.43 OF THE REVISED CODE UNTIL THAT PROPERTY HAS BEEN SEIZED 3,485
PURSUANT TO DIVISION (D) OF THIS SECTION. DIVISION (D)(4) OF 3,486
THIS SECTION DOES NOT REQUIRE, AUTHORIZE, OR PERMIT THE MAKING 3,488
AVAILABLE FOR INSPECTION, OR THE COPYING, UNDER SECTION 149.43 OF 3,489
THE REVISED CODE OF ANY CONFIDENTIAL LAW ENFORCEMENT 3,490
INVESTIGATORY RECORD OR TRIAL PREPARATION RECORD, AS DEFINED IN 3,491
THAT SECTION.
(5) A PROSECUTING ATTORNEY OR OTHER LAW ENFORCEMENT 3,493
OFFICER MAY REQUEST THE COURT OF COMMON PLEAS OF THE COUNTY IN 3,494
WHICH PROPERTY SUBJECT TO FORFEITURE UNDER THIS SECTION IS 3,495
LOCATED TO ISSUE A WARRANT AUTHORIZING THE SEIZURE OF THAT 3,496
86
PROPERTY. THE REQUEST SHALL BE MADE IN THE SAME MANNER AS 3,497
PROVIDED FOR A SEARCH WARRANT. IF THE COURT DETERMINES THAT 3,498
THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY TO BE SEIZED 3,499
WILL BE SUBJECT TO FORFEITURE UNDER THIS SECTION WHEN A PERSON 3,500
WITH ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY IS CONVICTED 3,501
OF OR PLEADS GUILTY TO A VIOLATION OF SECTION 2923.42 OF THE 3,502
REVISED CODE OR WHEN A JUVENILE WITH ANY RIGHT, TITLE, OR 3,503
INTEREST IN THE PROPERTY IS FOUND BY A JUVENILE COURT TO BE A 3,504
DELINQUENT CHILD FOR AN ACT THAT IS A VIOLATION OF SECTION 3,505
2923.42 OF THE REVISED CODE AND IF THE COURT DETERMINES THAT ANY 3,506
ORDER ISSUED UNDER DIVISION (D)(1), (2), OR (3) OF THIS SECTION 3,507
MAY NOT BE SUFFICIENT TO ENSURE THE AVAILABILITY OF THE PROPERTY 3,508
FOR FORFEITURE, THE COURT SHALL ISSUE A WARRANT AUTHORIZING THE 3,509
SEIZURE OF THE PROPERTY. 3,510
(E)(1) UPON THE ENTRY OF AN ORDER OF FORFEITURE UNDER THIS 3,512
SECTION, THE COURT SHALL ORDER AN APPROPRIATE LAW ENFORCEMENT 3,513
OFFICER TO SEIZE ALL OF THE FORFEITED PROPERTY UPON THE TERMS AND 3,514
CONDITIONS THAT THE COURT DETERMINES ARE PROPER. IN ADDITION, 3,515
UPON THE REQUEST OF THE PROSECUTING ATTORNEY WHO PROSECUTED THE 3,516
OFFENSE OR ACT IN VIOLATION OF SECTION 2923.42 OF THE REVISED 3,517
CODE, THE COURT SHALL ENTER ANY APPROPRIATE RESTRAINING ORDERS OR 3,518
INJUNCTIONS, REQUIRE THE EXECUTION OF SATISFACTORY PERFORMANCE 3,519
BONDS, APPOINT RECEIVERS, CONSERVATORS, APPRAISERS, ACCOUNTANTS, 3,520
OR TRUSTEES, OR TAKE ANY OTHER ACTION TO PROTECT THE INTEREST OF 3,521
THE STATE IN THE FORFEITED PROPERTY. ANY INCOME ACCRUING TO OR 3,522
DERIVED FROM PROPERTY ORDERED FORFEITED UNDER THIS SECTION MAY BE 3,523
USED TO OFFSET ORDINARY AND NECESSARY EXPENSES RELATED TO THE 3,524
PROPERTY THAT ARE REQUIRED BY LAW OR THAT ARE NECESSARY TO 3,525
PROTECT THE INTEREST OF THE STATE OR THIRD PARTIES. 3,526
AFTER FORFEITED PROPERTY IS SEIZED, THE PROSECUTING 3,528
ATTORNEY WHO PROSECUTED THE OFFENSE OR ACT IN VIOLATION OF 3,529
SECTION 2923.42 OF THE REVISED CODE SHALL DIRECT ITS DISPOSITION 3,530
IN ACCORDANCE WITH SECTION 2923.46 OF THE REVISED CODE, MAKING 3,531
DUE PROVISION FOR THE RIGHTS OF ANY INNOCENT PERSONS. ANY RIGHT, 3,532
87
TITLE, OR INTEREST IN PROPERTY NOT EXERCISABLE BY, OR 3,533
TRANSFERABLE FOR VALUE TO, THE STATE SHALL EXPIRE AND SHALL NOT 3,534
REVERT TO THE OFFENDER WHOSE CONVICTION OR PLEA OF GUILTY OR ACT 3,535
AS A DELINQUENT CHILD IS THE BASIS OF THE ORDER OF FORFEITURE. 3,536
NEITHER THE ADULT OFFENDER OR DELINQUENT CHILD NOR ANY PERSON 3,537
ACTING IN CONCERT WITH OR ON BEHALF OF THE ADULT OFFENDER OR 3,538
DELINQUENT CHILD IS ELIGIBLE TO PURCHASE FORFEITED PROPERTY AT 3,539
ANY SALE HELD PURSUANT TO SECTION 2923.46 OF THE REVISED CODE. 3,540
UPON THE APPLICATION OF ANY PERSON OTHER THAN THE ADULT 3,542
OFFENDER OR DELINQUENT CHILD WHOSE RIGHT, TITLE, OR INTEREST IN 3,543
THE PROPERTY IS THE SUBJECT OF THE ORDER OF FORFEITURE OR ANY 3,544
PERSON ACTING IN CONCERT WITH OR ON BEHALF OF THE ADULT OFFENDER 3,545
OR DELINQUENT CHILD, THE COURT MAY RESTRAIN OR STAY THE SALE OR 3,547
OTHER DISPOSITION OF THE PROPERTY PURSUANT TO SECTION 2923.46 OF 3,548
THE REVISED CODE PENDING THE CONCLUSION OF ANY APPEAL OF THE 3,549
CONVICTION OR OF THE DELINQUENT CHILD ADJUDICATION THAT IS THE 3,550
BASIS OF THE ORDER OF FORFEITURE, IF THE APPLICANT DEMONSTRATES 3,551
THAT PROCEEDING WITH THE SALE OR OTHER DISPOSITION OF THE 3,552
PROPERTY WILL RESULT IN IRREPARABLE INJURY OR LOSS TO THE 3,553
APPLICANT.
(2) WITH RESPECT TO PROPERTY THAT IS THE SUBJECT OF AN 3,555
ORDER OF FORFEITURE ISSUED UNDER THIS SECTION, THE COURT THAT 3,556
ISSUED THE ORDER, UPON THE PETITION OF THE PROSECUTING ATTORNEY 3,557
WHO PROSECUTED THE OFFENSE OR ACT IN VIOLATION OF SECTION 2923.42 3,558
OF THE REVISED CODE, MAY DO ANY OF THE FOLLOWING: 3,560
(a) GRANT PETITIONS FOR MITIGATION OR REMISSION OF 3,562
FORFEITURE, RESTORE FORFEITED PROPERTY TO VICTIMS OF A VIOLATION 3,563
OF SECTION 2923.42 OF THE REVISED CODE, OR TAKE ANY OTHER ACTION 3,564
TO PROTECT THE RIGHTS OF INNOCENT PERSONS THAT IS IN THE INTEREST 3,565
OF JUSTICE AND THAT IS NOT INCONSISTENT WITH THIS SECTION; 3,566
(b) COMPROMISE CLAIMS THAT ARISE UNDER THIS SECTION; 3,568
(c) AWARD COMPENSATION TO PERSONS WHO PROVIDE INFORMATION 3,570
RESULTING IN A FORFEITURE UNDER THIS SECTION; 3,571
(d) DIRECT THE DISPOSITION BY THE PROSECUTING ATTORNEY WHO 3,573
88
PROSECUTED THE OFFENSE OR ACT IN VIOLATION OF SECTION 2923.42 OF 3,574
THE REVISED CODE, IN ACCORDANCE WITH SECTION 2923.46 OF THE 3,575
REVISED CODE, OF ALL PROPERTY ORDERED FORFEITED UNDER THIS 3,576
SECTION, MAKING DUE PROVISION FOR THE RIGHTS OF INNOCENT PERSONS; 3,578
(e) PENDING THE DISPOSITION OF ANY PROPERTY THAT IS THE 3,580
SUBJECT OF AN ORDER OF FORFEITURE UNDER THIS SECTION, TAKE ANY 3,581
APPROPRIATE MEASURES THAT ARE NECESSARY TO SAFEGUARD AND MAINTAIN 3,582
THE PROPERTY. 3,583
(3) TO FACILITATE THE IDENTIFICATION AND LOCATION OF 3,585
PROPERTY THAT IS THE SUBJECT OF AN ORDER OF FORFEITURE UNDER THIS 3,586
SECTION AND TO FACILITATE THE DISPOSITION OF PETITIONS FOR 3,587
REMISSION OR MITIGATION ISSUED UNDER DIVISION (E)(2) OF THIS 3,588
SECTION, AFTER THE ISSUANCE OF AN ORDER OF FORFEITURE UNDER THIS 3,589
SECTION AND UPON APPLICATION BY THE PROSECUTING ATTORNEY WHO 3,590
PROSECUTED THE OFFENSE OR ACT IN VIOLATION OF SECTION 2923.42 OF 3,591
THE REVISED CODE, THE COURT MAY ORDER THAT THE TESTIMONY OF ANY 3,593
WITNESS RELATING TO THE FORFEITED PROPERTY BE TAKEN BY 3,594
DEPOSITION, AND THAT ANY DESIGNATED BOOK, PAPER, DOCUMENT, 3,595
RECORD, RECORDING, OR OTHER MATERIAL THAT IS NOT PRIVILEGED BE 3,596
PRODUCED AT THE SAME TIME AND PLACE AS THE TESTIMONY, IN THE SAME 3,597
MANNER AS PROVIDED FOR THE TAKING OF DEPOSITIONS UNDER THE RULES 3,598
OF CIVIL PROCEDURE.
(F)(1) EXCEPT AS PROVIDED IN DIVISIONS (F)(2) TO (5) OF 3,600
THIS SECTION, NO PERSON CLAIMING ANY RIGHT, TITLE, OR INTEREST IN 3,601
PROPERTY SUBJECT TO FORFEITURE UNDER THIS SECTION OR SECTION 3,602
2923.45 OF THE REVISED CODE MAY INTERVENE IN A CRIMINAL TRIAL OR 3,604
APPEAL, OR A DELINQUENT CHILD PROCEEDING OR APPEAL, INVOLVING THE 3,605
FORFEITURE OF THE PROPERTY UNDER THIS SECTION OR IN A CIVIL 3,606
ACTION FOR A CIVIL FORFEITURE UNDER SECTION 2923.45 OF THE 3,608
REVISED CODE OR MAY COMMENCE AN ACTION AT LAW OR EQUITY AGAINST 3,609
THE STATE CONCERNING THE VALIDITY OF THE PERSON'S ALLEGED RIGHT,
TITLE, OR INTEREST IN THE PROPERTY SUBSEQUENT TO THE FILING OF AN 3,610
INDICTMENT, COMPLAINT, OR INFORMATION ALLEGING THAT THE PROPERTY 3,611
IS SUBJECT TO FORFEITURE UNDER THIS SECTION OR SUBSEQUENT TO THE 3,612
89
FILING OF A COMPLAINT ALLEGING THAT A JUVENILE WHO HAS ANY RIGHT, 3,613
TITLE, OR INTEREST IN THE PROPERTY IS A DELINQUENT CHILD BECAUSE 3,614
OF THE COMMISSION OF AN ACT THAT IS A VIOLATION OF SECTION 3,615
2923.42 OF THE REVISED CODE AND ALLEGING THAT THE PROPERTY IS 3,616
SUBJECT TO FORFEITURE UNDER THIS SECTION. 3,617
(2) AFTER THE ENTRY OF AN ORDER OF FORFEITURE UNDER THIS 3,619
SECTION, THE PROSECUTING ATTORNEY WHO PROSECUTED THE OFFENSE OR 3,620
ACT IN VIOLATION OF SECTION 2923.42 OF THE REVISED CODE SHALL 3,621
CONDUCT OR CAUSE TO BE CONDUCTED A SEARCH OF THE APPROPRIATE 3,623
PUBLIC RECORDS THAT RELATE TO THE PROPERTY AND SHALL MAKE OR 3,624
CAUSE TO BE MADE REASONABLY DILIGENT INQUIRIES FOR THE PURPOSE OF 3,625
IDENTIFYING PERSONS WHO HAVE ANY RIGHT, TITLE, OR INTEREST IN THE 3,626
PROPERTY. THE PROSECUTING ATTORNEY THEN SHALL CAUSE A NOTICE OF 3,627
THE ORDER OF FORFEITURE, OF THE PROSECUTING ATTORNEY'S INTENT TO 3,628
DISPOSE OF THE PROPERTY IN ACCORDANCE WITH SECTION 2923.46 OF THE 3,629
REVISED CODE, AND OF THE MANNER OF THE PROPOSED DISPOSAL TO BE 3,631
GIVEN BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY PERSONAL 3,632
SERVICE TO EACH PERSON WHO IS KNOWN, BECAUSE OF THE CONDUCT OF 3,633
THE SEARCH, THE MAKING OF THE INQUIRIES, OR OTHERWISE, TO HAVE 3,634
ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY. ADDITIONALLY, THE 3,635
PROSECUTING ATTORNEY SHALL CAUSE A SIMILAR NOTICE TO BE PUBLISHED 3,636
ONCE A WEEK FOR TWO CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL 3,637
CIRCULATION IN THE COUNTY IN WHICH THE PROPERTY WAS SEIZED. 3,638
(3)(a) ANY PERSON, OTHER THAN THE ADULT OFFENDER WHOSE 3,640
CONVICTION OR GUILTY PLEA OR THE DELINQUENT CHILD WHOSE 3,641
ADJUDICATION IS THE BASIS OF THE ORDER OF FORFEITURE, WHO ASSERTS 3,642
A LEGAL RIGHT, TITLE, OR INTEREST IN THE PROPERTY THAT IS THE 3,643
SUBJECT OF THE ORDER MAY PETITION THE COURT THAT ISSUED THE 3,644
ORDER, WITHIN THIRTY DAYS AFTER THE EARLIER OF THE FINAL 3,645
PUBLICATION OF NOTICE OR THE PERSON'S RECEIPT OF NOTICE UNDER 3,646
DIVISION (F)(2) OF THIS SECTION, FOR A HEARING TO ADJUDICATE THE 3,647
VALIDITY OF THE PERSON'S ALLEGED RIGHT, TITLE, OR INTEREST IN THE 3,649
PROPERTY. THE PETITION SHALL BE SIGNED BY THE PETITIONER UNDER 3,650
THE PENALTIES FOR FALSIFICATION AS SPECIFIED IN SECTION 2921.13 3,651
90
OF THE REVISED CODE AND SHALL SET FORTH THE NATURE AND EXTENT OF 3,652
THE PETITIONER'S RIGHT, TITLE, OR INTEREST IN THE PROPERTY, THE 3,653
TIME AND CIRCUMSTANCES OF THE PETITIONER'S ACQUISITION OF THAT 3,654
RIGHT, TITLE, OR INTEREST, ANY ADDITIONAL FACTS SUPPORTING THE 3,655
PETITIONER'S CLAIM, AND THE RELIEF SOUGHT. 3,656
(b) IN LIEU OF FILING A PETITION AS DESCRIBED IN DIVISION 3,658
(F)(3)(a) OF THIS SECTION, A SECURED PARTY OR OTHER LIENHOLDER OF 3,660
RECORD THAT ASSERTS A LEGAL RIGHT, TITLE, OR INTEREST IN THE 3,661
PROPERTY THAT IS THE SUBJECT OF THE ORDER, INCLUDING, BUT NOT 3,662
LIMITED TO, A MORTGAGE, SECURITY INTEREST, OR OTHER TYPE OF LIEN, 3,663
MAY FILE AN AFFIDAVIT AS DESCRIBED IN DIVISION (F)(3)(b) OF THIS 3,665
SECTION TO ESTABLISH THE VALIDITY OF THE ALLEGED RIGHT, TITLE, OR 3,666
INTEREST IN THE PROPERTY. THE SECURED PARTY OR LIENHOLDER SHALL 3,667
FILE THE AFFIDAVIT WITHIN THIRTY DAYS AFTER THE EARLIER OF THE 3,669
FINAL PUBLICATION OF NOTICE OR THE RECEIPT OF NOTICE UNDER 3,670
DIVISION (F)(2) OF THIS SECTION AND, EXCEPT AS OTHERWISE PROVIDED 3,671
IN THIS SECTION, THE AFFIDAVIT SHALL CONSTITUTE PRIMA-FACIE
EVIDENCE OF THE VALIDITY OF THE SECURED PARTY'S OR OTHER 3,672
LIENHOLDER'S ALLEGED RIGHT, TITLE, OR INTEREST IN THE PROPERTY. 3,673
UNLESS THE PROSECUTING ATTORNEY FILES A MOTION CHALLENGING THE 3,674
AFFIDAVIT WITHIN TEN DAYS AFTER ITS FILING AND UNLESS THE 3,675
PROSECUTING ATTORNEY ESTABLISHES BY A PREPONDERANCE OF THE 3,676
EVIDENCE AT A SUBSEQUENT HEARING BEFORE THE COURT THAT ISSUED THE 3,678
FORFEITURE ORDER, THAT THE SECURED PARTY OR OTHER LIENHOLDER DOES 3,679
NOT POSSESS THE ALLEGED RIGHT, TITLE, OR INTEREST IN THE PROPERTY 3,680
OR THAT THE SECURED PARTY OR OTHER LIENHOLDER HAD ACTUAL
KNOWLEDGE OF FACTS PERTAINING TO THE VIOLATION THAT WAS THE BASIS 3,681
OF THE FORFEITURE ORDER, THE AFFIDAVIT SHALL CONSTITUTE 3,683
CONCLUSIVE EVIDENCE OF THE VALIDITY OF THE SECURED PARTY'S OR 3,684
OTHER LIENHOLDER'S RIGHT, TITLE, OR INTEREST IN THE PROPERTY AND 3,685
SHALL HAVE THE LEGAL EFFECT DESCRIBED IN DIVISION (G)(2) OF THIS 3,686
SECTION. TO THE EXTENT PRACTICABLE AND CONSISTENT WITH THE 3,687
INTERESTS OF JUSTICE, THE COURT SHALL HOLD ANY HEARING HELD 3,688
PURSUANT TO DIVISION (F)(3)(b) OF THIS SECTION WITHIN THIRTY DAYS 3,689
91
AFTER THE PROSECUTING ATTORNEY FILES THE MOTION. AT ANY SUCH 3,690
HEARING, THE PROSECUTING ATTORNEY AND THE SECURED PARTY OR OTHER 3,691
LIENHOLDER MAY PRESENT EVIDENCE AND WITNESSES AND MAY 3,692
CROSS-EXAMINE WITNESSES.
IN ORDER TO BE VALID FOR THE PURPOSES OF THIS DIVISION AND 3,694
DIVISION (G)(2) OF THIS SECTION, THE AFFIDAVIT OF A SECURED PARTY 3,695
OR OTHER LIENHOLDER SHALL CONTAIN AVERMENTS THAT THE SECURED 3,696
PARTY OR OTHER LIENHOLDER ACQUIRED ITS ALLEGED RIGHT, TITLE, OR 3,697
INTEREST IN THE PROPERTY IN THE REGULAR COURSE OF ITS BUSINESS, 3,698
FOR A SPECIFIED VALUABLE CONSIDERATION, WITHOUT ACTUAL KNOWLEDGE 3,699
OF ANY FACTS PERTAINING TO THE VIOLATION THAT WAS THE BASIS OF 3,700
THE FORFEITURE ORDER, IN GOOD FAITH AND WITHOUT THE INTENT TO 3,702
PREVENT OR OTHERWISE IMPEDE THE STATE FROM SEIZING OR OBTAINING A 3,703
FORFEITURE OF THE PROPERTY UNDER SECTIONS 2923.44 TO 2923.47 OF 3,704
THE REVISED CODE, AND PRIOR TO THE SEIZURE OR FORFEITURE OF THE 3,705
PROPERTY UNDER THOSE SECTIONS.
(4) UPON RECEIPT OF A PETITION FILED UNDER DIVISION (F)(3) 3,707
OF THIS SECTION, THE COURT SHALL HOLD A HEARING TO DETERMINE THE 3,708
VALIDITY OF THE PETITIONER'S RIGHT, TITLE, OR INTEREST IN THE 3,709
PROPERTY THAT IS THE SUBJECT OF THE ORDER OF FORFEITURE. TO THE 3,710
EXTENT PRACTICABLE AND CONSISTENT WITH THE INTERESTS OF JUSTICE, 3,711
THE COURT SHALL HOLD THE HEARING WITHIN THIRTY DAYS AFTER THE 3,712
FILING OF THE PETITION. THE COURT MAY CONSOLIDATE THE HEARING ON 3,713
THE PETITION WITH A HEARING ON ANY OTHER PETITION FILED BY A 3,714
PERSON OTHER THAN THE OFFENDER WHOSE CONVICTION OR GUILTY PLEA OR 3,715
ADJUDICATION AS A DELINQUENT CHILD IS THE BASIS OF THE ORDER OF 3,716
FORFEITURE. AT THE HEARING, THE PETITIONER MAY TESTIFY, PRESENT 3,717
EVIDENCE AND WITNESSES ON THE PETITIONER'S BEHALF, AND 3,718
CROSS-EXAMINE WITNESSES FOR THE STATE. THE STATE MAY PRESENT 3,719
EVIDENCE AND WITNESSES IN REBUTTAL AND IN DEFENSE OF ITS CLAIM TO 3,720
THE PROPERTY AND CROSS-EXAMINE WITNESSES FOR THE PETITIONER. IN 3,721
ADDITION TO EVIDENCE AND TESTIMONY PRESENTED AT THE HEARING, THE 3,722
COURT SHALL CONSIDER THE RELEVANT PORTIONS OF THE RECORD IN THE 3,723
CASE THAT RESULTED IN THE ORDER OF FORFEITURE. 3,725
92
(5)(a) THE COURT SHALL AMEND ITS ORDER OF FORFEITURE IN 3,727
ACCORDANCE WITH ITS DETERMINATION IF IT DETERMINES AT THE HEARING 3,729
THAT THE PETITIONER HAS ESTABLISHED EITHER OF THE FOLLOWING BY A 3,730
PREPONDERANCE OF THE EVIDENCE:
(i) THE PETITIONER HAS A LEGAL RIGHT, TITLE, OR INTEREST 3,732
IN THE PROPERTY THAT RENDERS THE ORDER OF FORFEITURE COMPLETELY 3,733
OR PARTIALLY INVALID BECAUSE IT WAS VESTED IN THE PETITIONER, 3,734
RATHER THAN THE ADULT OFFENDER WHOSE CONVICTION OR GUILTY PLEA OR 3,735
THE DELINQUENT CHILD WHOSE ADJUDICATION IS THE BASIS OF THE 3,736
ORDER, OR WAS SUPERIOR TO ANY RIGHT, TITLE, OR INTEREST OF THAT 3,737
ADULT OFFENDER OR DELINQUENT CHILD, AT THE TIME OF THE COMMISSION 3,738
OF THE VIOLATION THAT IS THE BASIS OF THE ORDER. 3,739
(ii) THE PETITIONER IS A BONA FIDE PURCHASER FOR VALUE OF 3,741
THE RIGHT, TITLE, OR INTEREST IN THE PROPERTY AND WAS AT THE TIME 3,742
OF THE PURCHASE REASONABLY WITHOUT CAUSE TO BELIEVE THAT IT WAS 3,743
SUBJECT TO FORFEITURE UNDER THIS SECTION. 3,744
(b) THE COURT ALSO SHALL AMEND ITS ORDER OF FORFEITURE TO 3,746
REFLECT ANY RIGHT, TITLE, OR INTEREST OF A SECURED PARTY OR OTHER 3,747
LIENHOLDER OF RECORD IN THE PROPERTY SUBJECT TO THE ORDER THAT 3,748
WAS ESTABLISHED PURSUANT TO DIVISION (F)(3)(b) OF THIS SECTION BY 3,750
MEANS OF AN AFFIDAVIT, OR THAT WAS ESTABLISHED PURSUANT TO THAT 3,751
DIVISION BY THE FAILURE OF A PROSECUTING ATTORNEY TO ESTABLISH, 3,752
IN A HEARING AS DESCRIBED IN THAT DIVISION, THAT THE SECURED 3,753
PARTY OR OTHER LIENHOLDER DID NOT POSSESS THE ALLEGED RIGHT, 3,754
TITLE, OR INTEREST IN THE PROPERTY OR THAT THE SECURED PARTY OR 3,755
OTHER LIENHOLDER HAD ACTUAL KNOWLEDGE OF FACTS PERTAINING TO THE 3,756
VIOLATION THAT WAS THE BASIS OF THE ORDER. 3,757
(G)(1) SUBJECT TO DIVISION (G)(2) OF THIS SECTION, IF THE 3,760
COURT HAS DISPOSED OF ALL PETITIONS FILED UNDER DIVISION (F) OF 3,761
THIS SECTION OR IF NO PETITIONS ARE FILED UNDER THAT DIVISION AND 3,762
THE TIME FOR FILING PETITIONS UNDER THAT DIVISION HAS EXPIRED, 3,763
THE STATE SHALL HAVE CLEAR TITLE TO ALL PROPERTY THAT IS THE 3,764
SUBJECT OF AN ORDER OF FORFEITURE ISSUED UNDER THIS SECTION AND 3,765
MAY WARRANT GOOD TITLE TO ANY SUBSEQUENT PURCHASER OR OTHER 3,766
93
TRANSFEREE. 3,767
(2) IF AN AFFIDAVIT AS DESCRIBED IN DIVISION (F)(3)(b) OF 3,770
THIS SECTION IS FILED IN ACCORDANCE WITH THAT DIVISION, IF THE 3,771
AFFIDAVIT CONSTITUTES UNDER THE CIRCUMSTANCES DESCRIBED IN THAT 3,772
DIVISION CONCLUSIVE EVIDENCE OF THE VALIDITY OF THE RIGHT, TITLE, 3,774
OR INTEREST OF A SECURED PARTY OR OTHER LIENHOLDER OF RECORD IN 3,775
THE PROPERTY SUBJECT TO A FORFEITURE ORDER, AND IF ANY MORTGAGE, 3,776
SECURITY INTEREST, OR OTHER TYPE OF LIEN POSSESSED BY THE SECURED 3,777
PARTY OR OTHER LIENHOLDER IN CONNECTION WITH THE PROPERTY IS NOT 3,778
SATISFIED PRIOR TO A SALE OR OTHER DISPOSITION OF THE PROPERTY 3,779
PURSUANT TO SECTION 2923.46 OF THE REVISED CODE, THEN THE RIGHT, 3,781
TITLE, OR INTEREST OF THE SECURED PARTY OR OTHER LIENHOLDER IN 3,782
THE PROPERTY REMAINS VALID FOR PURPOSES OF SECTIONS 2923.44 TO 3,783
2923.47 OF THE REVISED CODE AND ANY SUBSEQUENT PURCHASER OR OTHER 3,784
TRANSFEREE OF THE PROPERTY PURSUANT TO SECTION 2923.46 OF THE 3,785
REVISED CODE SHALL TAKE THE PROPERTY SUBJECT TO THE CONTINUED 3,786
VALIDITY OF THE RIGHT, TITLE, OR INTEREST OF THE SECURED PARTY OR 3,787
OTHER LIENHOLDER IN THE PROPERTY.
Sec. 2923.45. (A) THE FOLLOWING PROPERTY IS SUBJECT TO 3,789
FORFEITURE TO THE STATE IN A CIVIL ACTION AS DESCRIBED IN 3,790
DIVISION (E) OF THIS SECTION, AND NO PERSON HAS ANY RIGHT, TITLE, 3,791
OR INTEREST IN THE FOLLOWING PROPERTY: 3,792
(1) ANY PROPERTY THAT CONSTITUTES, OR IS DERIVED DIRECTLY 3,794
OR INDIRECTLY FROM, ANY PROCEEDS THAT A PERSON OBTAINED DIRECTLY 3,795
OR INDIRECTLY FROM THE COMMISSION OF AN ACT THAT, UPON THE FILING 3,796
OF AN INDICTMENT, COMPLAINT, OR INFORMATION, COULD BE PROSECUTED 3,797
AS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR THAT, 3,798
UPON THE FILING OF A COMPLAINT, COULD BE THE BASIS FOR FINDING A 3,799
JUVENILE TO BE A DELINQUENT CHILD FOR COMMITTING AN ACT THAT IS A 3,800
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE; 3,801
(2) ANY PROPERTY THAT WAS USED OR INTENDED TO BE USED IN 3,803
ANY MANNER TO COMMIT, OR TO FACILITATE THE COMMISSION OF, AN ACT 3,804
THAT, UPON THE FILING OF AN INDICTMENT, COMPLAINT, OR 3,805
INFORMATION, COULD BE PROSECUTED AS A VIOLATION OF SECTION 3,806
94
2923.42 OF THE REVISED CODE OR THAT, UPON THE FILING OF A 3,807
COMPLAINT, COULD BE THE BASIS FOR FINDING A JUVENILE TO BE A 3,808
DELINQUENT CHILD FOR COMMITTING AN ACT THAT IS A VIOLATION OF 3,809
SECTION 2923.42 OF THE REVISED CODE.
(B)(1) ALL RIGHT, TITLE, AND INTEREST IN PROPERTY 3,811
DESCRIBED IN DIVISION (A) OF THIS SECTION SHALL VEST IN THE STATE 3,812
UPON THE COMMISSION OF THE ACT GIVING RISE TO A CIVIL FORFEITURE 3,813
UNDER THIS SECTION. 3,814
(2) THE PROVISIONS OF SECTION 2933.43 OF THE REVISED CODE 3,817
RELATING TO THE PROCEDURES FOR THE FORFEITURE OF CONTRABAND DO 3,818
NOT APPLY TO A CIVIL ACTION TO OBTAIN A CIVIL FORFEITURE UNDER 3,819
THIS SECTION. 3,820
(3) ANY PROPERTY TAKEN OR DETAINED PURSUANT TO THIS 3,822
SECTION IS NOT SUBJECT TO REPLEVIN AND IS CONSIDERED TO BE IN THE 3,823
CUSTODY OF THE HEAD OF THE LAW ENFORCEMENT AGENCY THAT SEIZED THE 3,824
PROPERTY. 3,825
THIS SECTION DOES NOT PRECLUDE THE HEAD OF A LAW 3,827
ENFORCEMENT AGENCY THAT SEIZES PROPERTY FROM SEEKING THE 3,828
FORFEITURE OF THAT PROPERTY PURSUANT TO FEDERAL LAW. IF THE HEAD 3,830
OF A LAW ENFORCEMENT AGENCY THAT SEIZES PROPERTY DOES NOT SEEK 3,831
THE FORFEITURE OF THAT PROPERTY PURSUANT TO FEDERAL LAW AND IF 3,832
THE PROPERTY IS SUBJECT TO FORFEITURE UNDER THIS SECTION, THE 3,833
PROPERTY IS SUBJECT ONLY TO THE ORDERS OF THE COURT OF COMMON
PLEAS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED, AND IT 3,834
SHALL BE DISPOSED OF IN ACCORDANCE WITH SECTION 2923.46 OF THE 3,836
REVISED CODE.
(4) NOTHING IN THIS SECTION PRECLUDES A FINANCIAL 3,838
INSTITUTION THAT HAS OR PURPORTS TO HAVE A SECURITY INTEREST IN 3,839
OR LIEN ON PROPERTY DESCRIBED IN DIVISION (A) OF THIS SECTION 3,840
FROM COMMENCING A CIVIL ACTION OR TAKING OTHER APPROPRIATE LEGAL 3,841
ACTION IN CONNECTION WITH THE PROPERTY, PRIOR TO ITS DISPOSITION 3,842
IN ACCORDANCE WITH SECTION 2923.46 OF THE REVISED CODE, FOR THE 3,844
PURPOSE OF OBTAINING POSSESSION OF THE PROPERTY IN ORDER TO
FORECLOSE OR OTHERWISE ENFORCE THE SECURITY INTEREST OR LIEN. A 3,845
95
FINANCIAL INSTITUTION MAY COMMENCE A CIVIL ACTION OR TAKE OTHER 3,846
APPROPRIATE LEGAL ACTION FOR THAT PURPOSE PRIOR TO THE 3,847
DISPOSITION OF THE PROPERTY IN ACCORDANCE WITH SECTION 2923.46 OF 3,848
THE REVISED CODE, EVEN IF A CIVIL ACTION TO OBTAIN A CIVIL 3,849
FORFEITURE HAS BEEN OR COULD BE COMMENCED UNDER THIS SECTION, 3,850
EVEN IF THE PROPERTY IS OR COULD BE THE SUBJECT OF AN ORDER OF 3,851
CIVIL FORFEITURE ISSUED UNDER THIS SECTION, AND EVEN IF THE 3,852
PROPERTY HAS BEEN SEIZED OR IS SUBJECT TO SEIZURE PURSUANT TO 3,853
THIS SECTION. 3,854
IF A FINANCIAL INSTITUTION COMMENCES A CIVIL ACTION OR 3,856
TAKES ANY OTHER APPROPRIATE LEGAL ACTION AS DESCRIBED IN THIS 3,857
DIVISION, IF THE FINANCIAL INSTITUTION SUBSEQUENTLY CAUSES THE 3,858
SALE OF THE PROPERTY PRIOR TO ITS SEIZURE PURSUANT TO THIS 3,859
SECTION AND ITS DISPOSITION PURSUANT TO SECTION 2923.46 OF THE 3,861
REVISED CODE, AND IF THE PERSON RESPONSIBLE FOR THE CONDUCT OF 3,862
THE SALE HAS ACTUAL KNOWLEDGE OF THE COMMENCEMENT OF A CIVIL 3,863
ACTION TO OBTAIN A CIVIL FORFEITURE UNDER THIS SECTION OR ACTUAL 3,864
KNOWLEDGE OF AN ORDER OF CIVIL FORFEITURE ISSUED UNDER THIS 3,865
SECTION, THEN THE PERSON RESPONSIBLE FOR THE CONDUCT OF THE SALE 3,866
SHALL DISPOSE OF THE PROCEEDS OF THE SALE IN THE FOLLOWING ORDER: 3,867
(a) FIRST, TO THE PAYMENT OF THE COSTS OF THE SALE AND TO 3,869
THE PAYMENT OF THE COSTS INCURRED BY LAW ENFORCEMENT AGENCIES AND 3,870
FINANCIAL INSTITUTIONS IN CONNECTION WITH THE SEIZURE OF, STORAGE 3,871
OF, MAINTENANCE OF, AND PROVISION OF SECURITY FOR THE PROPERTY. 3,872
AS USED IN THIS DIVISION, "COSTS" OF A FINANCIAL INSTITUTION DO 3,873
NOT INCLUDE ATTORNEY'S FEES INCURRED BY THAT INSTITUTION IN 3,874
CONNECTION WITH THE PROPERTY. 3,875
(b) SECOND, THE REMAINING PROCEEDS OF THE SALE AFTER 3,877
COMPLIANCE WITH DIVISION (B)(4)(a) OF THIS SECTION, TO THE 3,879
PAYMENT IN THE ORDER OF PRIORITY OF THE SECURITY INTERESTS AND 3,880
LIENS OF VALID SECURITY INTERESTS AND LIENS PERTAINING TO THE 3,881
PROPERTY THAT, AT THE TIME OF THE VESTING IN THE STATE UNDER 3,882
DIVISION (B)(1) OF THIS SECTION OF THE RIGHT, TITLE, OR INTEREST 3,884
OF THE ADULT OR JUVENILE, ARE HELD BY KNOWN SECURED PARTIES AND
96
LIENHOLDERS; 3,885
(c) THIRD, THE REMAINING PROCEEDS OF THE SALE AFTER 3,887
COMPLIANCE WITH DIVISION (B)(4)(b) OF THIS SECTION, TO THE COURT 3,889
THAT HAS OR WOULD HAVE JURISDICTION IN A CIVIL ACTION TO OBTAIN A
CIVIL FORFEITURE UNDER THIS SECTION, FOR DISPOSITION IN 3,890
ACCORDANCE WITH SECTION 2923.46 OF THE REVISED CODE. 3,891
(C)(1) A LAW ENFORCEMENT OFFICER MAY SEIZE ANY PROPERTY 3,893
THAT IS SUBJECT TO CIVIL FORFEITURE UNDER THIS SECTION UPON 3,896
PROCESS, OR A WARRANT AS DESCRIBED IN DIVISION (C)(2) OF THIS 3,897
SECTION, ISSUED BY A COURT OF COMMON PLEAS THAT HAS JURISDICTION 3,898
OVER THE PROPERTY. ADDITIONALLY, A LAW ENFORCEMENT OFFICER MAY
SEIZE THE PROPERTY, WITHOUT PROCESS OR A WARRANT BEING SO ISSUED, 3,900
WHEN ANY OF THE FOLLOWING APPLIES: 3,902
(a) THE SEIZURE IS INCIDENT TO AN ARREST, A SEARCH UNDER A 3,904
SEARCH WARRANT, A LAWFUL SEARCH WITHOUT A SEARCH WARRANT, OR AN 3,905
INSPECTION UNDER AN ADMINISTRATIVE INSPECTION WARRANT. 3,906
(b) THE PROPERTY IS THE SUBJECT OF A PRIOR JUDGMENT IN 3,908
FAVOR OF THE STATE IN A RESTRAINING ORDER, INJUNCTION, OR OTHER 3,909
PRESERVATION ORDER PROCEEDING UNDER SECTION 2923.44 OF THE 3,911
REVISED CODE, OR IS THE SUBJECT OF A FORFEITURE ORDER ISSUED
PURSUANT TO THAT SECTION. 3,912
(c) THE LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE TO 3,914
BELIEVE THAT THE PROPERTY IS DIRECTLY OR INDIRECTLY DANGEROUS TO 3,915
THE PUBLIC HEALTH OR SAFETY. 3,916
(d) THE INITIAL INTRUSION BY THE LAW ENFORCEMENT OFFICER 3,918
AFFORDED THE OFFICER WITH PLAIN VIEW OF PERSONAL PROPERTY THAT IS 3,919
SUBJECT TO CIVIL FORFEITURE IN A CIVIL ACTION UNDER THIS SECTION, 3,920
THE INITIAL INTRUSION BY THE LAW ENFORCEMENT OFFICER WAS LAWFUL, 3,921
THE DISCOVERY OF THE PERSONAL PROPERTY BY THE LAW ENFORCEMENT 3,922
OFFICER WAS INADVERTENT, AND THE INCRIMINATING NATURE OF THE 3,923
PERSONAL PROPERTY WAS IMMEDIATELY APPARENT TO THE LAW ENFORCEMENT 3,924
OFFICER.
(2) FOR PURPOSES OF DIVISION (C)(1) OF THIS SECTION, THE 3,926
STATE MAY REQUEST A COURT OF COMMON PLEAS TO ISSUE A WARRANT THAT 3,927
97
AUTHORIZES THE SEIZURE OF PROPERTY THAT IS SUBJECT TO CIVIL 3,928
FORFEITURE UNDER THIS SECTION, IN THE SAME MANNER AS PROVIDED IN 3,929
CRIMINAL RULE 41 AND CHAPTER 2933. OF THE REVISED CODE FOR THE 3,931
ISSUANCE OF A SEARCH WARRANT. FOR PURPOSES OF DIVISION (C)(1) OF 3,933
THIS SECTION, ANY PROCEEDING BEFORE A COURT OF COMMON PLEAS THAT 3,934
INVOLVES A REQUEST FOR THE ISSUANCE OF PROCESS, OR A WARRANT AS 3,935
DESCRIBED IN THIS DIVISION, AUTHORIZING THE SEIZURE OF ANY 3,936
PROPERTY THAT IS SUBJECT TO CIVIL FORFEITURE UNDER THIS SECTION 3,937
SHALL BE RECORDED BY SHORTHAND, BY STENOTYPE, OR BY ANY OTHER 3,938
MECHANICAL, ELECTRONIC, OR VIDEO RECORDING DEVICE. THE RECORDING 3,939
OF AND ANY TRANSCRIPT OF THE RECORDING OF SUCH A PROCEEDING SHALL 3,940
NOT BE A PUBLIC RECORD FOR PURPOSES OF SECTION 149.43 OF THE 3,941
REVISED CODE UNTIL THE PROPERTY HAS BEEN SEIZED PURSUANT TO THE 3,943
PROCESS OR WARRANT. THIS DIVISION DOES NOT REQUIRE, AUTHORIZE, 3,945
OR PERMIT THE MAKING AVAILABLE FOR INSPECTION, OR THE COPYING, 3,946
UNDER SECTION 149.43 OF THE REVISED CODE OF ANY CONFIDENTIAL LAW 3,947
ENFORCEMENT INVESTIGATORY RECORD OR TRIAL PREPARATION RECORD, AS 3,948
DEFINED IN THAT SECTION.
(3) IF PROPERTY IS SEIZED PURSUANT TO DIVISION (C)(1) OF 3,950
THIS SECTION AND IF A CIVIL ACTION TO OBTAIN A CIVIL FORFEITURE 3,951
UNDER THIS SECTION, A CRIMINAL ACTION THAT COULD RESULT IN A 3,952
CRIMINAL FORFEITURE UNDER SECTION 2923.44 OF THE REVISED CODE, OR 3,954
A DELINQUENT CHILD PROCEEDING THAT COULD RESULT IN A CRIMINAL 3,955
FORFEITURE UNDER THAT SECTION IS NOT PENDING AT THE TIME OF THE 3,956
SEIZURE OR PREVIOUSLY DID NOT OCCUR IN CONNECTION WITH THE 3,957
PROPERTY, THEN THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH 3,958
THE SEIZURE OCCURRED PROMPTLY SHALL COMMENCE A CIVIL ACTION TO 3,959
OBTAIN A CIVIL FORFEITURE UNDER THIS SECTION IN CONNECTION WITH 3,960
THE PROPERTY, UNLESS AN INDICTMENT, COMPLAINT, OR INFORMATION 3,961
ALLEGING THE COMMISSION OF A VIOLATION OF SECTION 2923.42 OF THE 3,962
REVISED CODE OR A COMPLAINT ALLEGING THAT A JUVENILE IS A 3,963
DELINQUENT CHILD BECAUSE OF THE COMMISSION OF AN ACT THAT IS A 3,964
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE IS FILED PRIOR 3,965
TO THE COMMENCEMENT OF THE CIVIL ACTION. NOTHING IN DIVISION 3,966
98
(C)(3) OF THIS SECTION PRECLUDES THE FILING OF AN INDICTMENT, 3,967
COMPLAINT, OR INFORMATION ALLEGING THE COMMISSION OF A VIOLATION 3,968
OF SECTION 2923.42 OF THE REVISED CODE OR THE FILING OF A 3,969
COMPLAINT ALLEGING THAT A JUVENILE IS A DELINQUENT CHILD BECAUSE 3,970
OF THE COMMISSION OF AN ACT THAT IS A VIOLATION OF SECTION 3,971
2923.42 OF THE REVISED CODE, AFTER THE COMMENCEMENT OF A CIVIL 3,972
ACTION TO OBTAIN A CIVIL FORFEITURE UNDER THIS SECTION.
(D)(1) THE FILING OF AN INDICTMENT, COMPLAINT, OR 3,974
INFORMATION ALLEGING THE COMMISSION OF A VIOLATION OF SECTION 3,975
2923.42 OF THE REVISED CODE THAT ALSO IS THE BASIS OF A CIVIL 3,976
ACTION FOR A CIVIL FORFEITURE UNDER THIS SECTION, OR THE FILING 3,977
OF A COMPLAINT ALLEGING THAT A JUVENILE IS A DELINQUENT CHILD 3,978
BECAUSE OF THE COMMISSION OF AN ACT THAT IS A VIOLATION OF 3,979
SECTION 2923.42 OF THE REVISED CODE, AND THAT ALSO IS THE BASIS 3,980
OF A CIVIL ACTION FOR A CIVIL FORFEITURE UNDER THIS SECTION, UPON 3,981
THE MOTION OF THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE 3,982
INDICTMENT, COMPLAINT, OR INFORMATION OR THE COMPLAINT IN THE 3,983
DELINQUENT CHILD PROCEEDING IS FILED, SHALL STAY THE CIVIL 3,984
ACTION. 3,985
(2) A CIVIL ACTION TO OBTAIN A CIVIL FORFEITURE UNDER THIS 3,987
SECTION MAY BE COMMENCED AS DESCRIBED IN DIVISION (E) OF THIS 3,988
SECTION WHETHER OR NOT THE ADULT OR JUVENILE WHO COMMITTED A 3,989
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR AN ACT THAT 3,990
IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE HAS BEEN 3,991
CHARGED BY AN INDICTMENT, COMPLAINT, OR INFORMATION WITH THE 3,992
COMMISSION OF A VIOLATION OF THAT SECTION, HAS PLEADED GUILTY TO 3,993
OR BEEN FOUND GUILTY OF A VIOLATION OF THAT SECTION, HAS BEEN 3,994
DETERMINED TO BE A DELINQUENT CHILD FOR THE COMMISSION OF A 3,995
VIOLATION OF THAT SECTION, HAS BEEN FOUND NOT GUILTY OF 3,996
COMMITTING A VIOLATION OF THAT SECTION, OR HAS NOT BEEN
DETERMINED TO BE A DELINQUENT CHILD FOR THE ALLEGED COMMISSION OF 3,997
A VIOLATION OF THAT SECTION. 3,998
(E)(1) THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH 4,000
PROPERTY DESCRIBED IN DIVISION (A) OF THIS SECTION IS LOCATED MAY 4,001
99
COMMENCE A CIVIL ACTION TO OBTAIN A CIVIL FORFEITURE UNDER THIS 4,002
SECTION BY FILING IN THE COURT OF COMMON PLEAS OF THAT COUNTY A 4,003
COMPLAINT THAT REQUESTS THE ISSUANCE OF AN ORDER OF CIVIL 4,004
FORFEITURE OF THE PROPERTY TO THE STATE. NOTICES OF THE ACTION 4,005
SHALL BE SERVED AND PUBLISHED IN ACCORDANCE WITH DIVISION (E)(2) 4,006
OF THIS SECTION. 4,007
(2) PRIOR TO OR SIMULTANEOUSLY WITH THE COMMENCEMENT OF 4,009
THE CIVIL ACTION AS DESCRIBED IN DIVISION (E)(1) OF THIS SECTION, 4,010
THE PROSECUTING ATTORNEY SHALL CONDUCT OR CAUSE TO BE CONDUCTED A 4,011
SEARCH OF THE APPROPRIATE PUBLIC RECORDS THAT RELATE TO THE 4,012
PROPERTY SUBJECT TO CIVIL FORFEITURE, AND SHALL MAKE OR CAUSE TO 4,013
BE MADE REASONABLY DILIGENT INQUIRIES, FOR THE PURPOSE OF 4,014
IDENTIFYING PERSONS WHO HAVE ANY RIGHT, TITLE, OR INTEREST IN THE 4,015
PROPERTY. THE PROSECUTING ATTORNEY THEN SHALL CAUSE A NOTICE OF 4,016
THE COMMENCEMENT OF THE CIVIL ACTION, TOGETHER WITH A COPY OF THE 4,017
COMPLAINT FILED IN IT, TO BE GIVEN TO EACH PERSON WHO IS KNOWN, 4,018
BECAUSE OF THE CONDUCT OF THE SEARCH, THE MAKING OF THE 4,019
INQUIRIES, OR OTHERWISE, TO HAVE ANY RIGHT, TITLE, OR INTEREST IN 4,020
THE PROPERTY, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY 4,021
PERSONAL SERVICE. ADDITIONALLY, THE PROSECUTING ATTORNEY SHALL 4,022
CAUSE A SIMILAR NOTICE TO BE PUBLISHED ONCE A WEEK FOR TWO 4,023
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 4,024
COUNTY IN WHICH THE PROPERTY IS LOCATED. 4,025
(3) THE PROCEDURES SPECIFIED IN DIVISIONS (F)(3) TO (5) OF 4,027
SECTION 2923.44 OF THE REVISED CODE APPLY TO PERSONS CLAIMING ANY 4,029
RIGHT, TITLE, OR INTEREST IN PROPERTY SUBJECT TO CIVIL FORFEITURE
UNDER THIS SECTION. THE REFERENCES IN THOSE DIVISIONS TO THE 4,030
ADULT OFFENDER WHOSE CONVICTION OR GUILTY PLEA, OR THE DELINQUENT 4,031
CHILD WHOSE ADJUDICATION, IS THE BASIS OF AN ORDER OF CRIMINAL 4,032
FORFEITURE SHALL BE CONSTRUED FOR PURPOSES OF THIS SECTION TO 4,033
MEAN THE ADULT OR JUVENILE WHO COMMITTED THE ACT THAT COULD BE 4,034
THE BASIS OF AN ORDER OF CIVIL FORFEITURE UNDER THIS SECTION, AND 4,035
THE REFERENCES IN THOSE DIVISIONS TO AN ISSUED ORDER OF CRIMINAL 4,036
FORFEITURE SHALL BE INAPPLICABLE. 4,037
100
(4) A HEARING SHALL BE HELD IN THE CIVIL ACTION DESCRIBED 4,039
IN DIVISION (E)(1) OF THIS SECTION AT LEAST THIRTY DAYS AFTER THE 4,040
FINAL PUBLICATION OF NOTICE AS REQUIRED BY DIVISION (E)(2) OF 4,041
THIS SECTION AND AFTER THE DATE OF COMPLETION OF THE SERVICE OF 4,042
NOTICE BY PERSONAL SERVICE OR CERTIFIED MAIL, RETURN RECEIPT 4,043
REQUESTED, AS REQUIRED BY THAT DIVISION. FOLLOWING THE HEARING, 4,044
THE COURT SHALL ISSUE THE REQUESTED ORDER OF CIVIL FORFEITURE IF 4,045
THE COURT DETERMINES THAT THE PROSECUTING ATTORNEY HAS PROVEN BY 4,046
CLEAR AND CONVINCING EVIDENCE THAT THE PROPERTY IN QUESTION IS 4,047
PROPERTY AS DESCRIBED IN DIVISION (A)(1) OR (2) OF THIS SECTION 4,048
AND IF THE COURT HAS DISPOSED OF ALL PETITIONS FILED UNDER 4,049
DIVISION (E)(3) OF THIS SECTION OR NO PETITIONS HAVE BEEN SO 4,050
FILED AND THE TIME FOR FILING THEM HAS EXPIRED. AN ORDER OF 4,051
CIVIL FORFEITURE SO ISSUED SHALL STATE THAT ALL RIGHT, TITLE, AND 4,052
INTEREST IN THE PROPERTY IN QUESTION OF THE ADULT OR JUVENILE WHO 4,053
COMMITTED THE ACT THAT IS THE BASIS OF THE ORDER IS FORFEITED TO 4,054
THE STATE AND SHALL MAKE DUE PROVISION FOR THE RIGHT, TITLE, OR 4,055
INTEREST IN THAT PROPERTY OF ANY OTHER PERSON IN ACCORDANCE WITH 4,056
ANY DETERMINATIONS MADE BY THE COURT UNDER DIVISION (E)(3) OF 4,057
THIS SECTION AND IN ACCORDANCE WITH DIVISIONS (F)(5)(b) AND 4,059
(G)(2) OF SECTION 2923.44 OF THE REVISED CODE. 4,060
(5) SUBJECT TO DIVISION (G)(2) OF SECTION 2923.44 OF THE 4,063
REVISED CODE, IF A COURT OF COMMON PLEAS ENTERS AN ORDER OF CIVIL 4,064
FORFEITURE IN ACCORDANCE WITH DIVISION (E) OF THIS SECTION, THE 4,065
STATE SHALL HAVE CLEAR TITLE TO THE PROPERTY THAT IS THE SUBJECT 4,066
OF THE ORDER AND MAY WARRANT GOOD TITLE TO ANY SUBSEQUENT 4,067
PURCHASER OR OTHER TRANSFEREE. 4,068
Sec. 2923.46. (A) IF PROPERTY IS SEIZED PURSUANT TO 4,070
SECTION 2923.44 OR 2923.45 OF THE REVISED CODE, IT IS CONSIDERED 4,071
TO BE IN THE CUSTODY OF THE HEAD OF THE LAW ENFORCEMENT AGENCY 4,072
THAT SEIZED IT, AND THE HEAD OF THAT AGENCY MAY DO ANY OF THE 4,073
FOLLOWING WITH RESPECT TO THAT PROPERTY PRIOR TO ITS DISPOSITION 4,075
IN ACCORDANCE WITH DIVISION (A)(4) OR (B) OF THIS SECTION: 4,076
(1) PLACE THE PROPERTY UNDER SEAL; 4,078
101
(2) REMOVE THE PROPERTY TO A PLACE THAT THE HEAD OF THAT 4,080
AGENCY DESIGNATES; 4,081
(3) REQUEST THE ISSUANCE OF A COURT ORDER THAT REQUIRES 4,083
ANY OTHER APPROPRIATE MUNICIPAL CORPORATION, COUNTY, TOWNSHIP, 4,084
PARK DISTRICT CREATED PURSUANT TO SECTION 511.18 OR 1545.01 OF 4,086
THE REVISED CODE, OR STATE LAW ENFORCEMENT OFFICER OR OTHER
OFFICER TO TAKE CUSTODY OF THE PROPERTY AND, IF PRACTICABLE, 4,087
REMOVE IT TO AN APPROPRIATE LOCATION FOR EVENTUAL DISPOSITION IN 4,088
ACCORDANCE WITH DIVISION (B) OF THIS SECTION; 4,089
(4)(a) SEEK FORFEITURE OF THE PROPERTY PURSUANT TO FEDERAL 4,091
LAW. IF THE HEAD OF THAT AGENCY SEEKS ITS FORFEITURE PURSUANT TO 4,092
FEDERAL LAW, THE LAW ENFORCEMENT AGENCY SHALL DEPOSIT, USE, AND 4,093
ACCOUNT FOR PROCEEDS FROM A SALE OF THE PROPERTY UPON ITS 4,095
FORFEITURE, PROCEEDS FROM ANOTHER DISPOSITION OF THE PROPERTY 4,096
UPON ITS FORFEITURE, OR FORFEITED MONEYS IT RECEIVES, IN 4,097
ACCORDANCE WITH THE APPLICABLE FEDERAL LAW AND OTHERWISE SHALL 4,098
COMPLY WITH THAT LAW. 4,099
(b) IF THE STATE HIGHWAY PATROL SEIZED THE PROPERTY AND IF 4,101
THE SUPERINTENDENT OF THE STATE HIGHWAY PATROL SEEKS ITS 4,102
FORFEITURE PURSUANT TO FEDERAL LAW, THE APPROPRIATE GOVERNMENTAL 4,103
OFFICIALS SHALL DEPOSIT INTO THE STATE HIGHWAY PATROL CONTRABAND, 4,104
FORFEITURE, AND OTHER FUND ALL INTEREST OR OTHER EARNINGS DERIVED 4,106
FROM THE INVESTMENT OF THE PROCEEDS FROM A SALE OF THE PROPERTY
UPON ITS FORFEITURE, THE PROCEEDS FROM ANOTHER DISPOSITION OF THE 4,107
PROPERTY UPON ITS FORFEITURE, OR THE FORFEITED MONEYS. THE STATE 4,108
HIGHWAY PATROL SHALL USE AND ACCOUNT FOR THAT INTEREST OR OTHER 4,109
EARNINGS IN ACCORDANCE WITH THE APPLICABLE FEDERAL LAW. 4,110
(c) DIVISION (B) OF THIS SECTION AND DIVISIONS (D)(1) TO 4,113
(3) OF SECTION 2933.43 OF THE REVISED CODE DO NOT APPLY TO
PROCEEDS OR FORFEITED MONEYS RECEIVED PURSUANT TO FEDERAL LAW OR 4,114
TO THE INTEREST OR OTHER EARNINGS THAT ARE DERIVED FROM THE 4,115
INVESTMENT OF PROCEEDS OR FORFEITED MONEYS RECEIVED PURSUANT TO 4,116
FEDERAL LAW AND THAT ARE DESCRIBED IN DIVISION (A)(4)(b) OF THIS 4,117
SECTION.
102
(B) IN ADDITION TO COMPLYING WITH ANY REQUIREMENTS IMPOSED 4,119
BY A COURT PURSUANT TO SECTION 2923.44 OR 2923.45 OF THE REVISED 4,120
CODE, AND THE REQUIREMENTS IMPOSED BY THOSE SECTIONS, IN RELATION 4,121
TO THE DISPOSITION OF PROPERTY FORFEITED TO THE STATE UNDER 4,122
EITHER OF THOSE SECTIONS, THE PROSECUTING ATTORNEY WHO IS 4,123
RESPONSIBLE FOR ITS DISPOSITION SHALL DISPOSE OF THE PROPERTY AS 4,124
FOLLOWS: 4,125
(1) ANY VEHICLE THAT WAS USED IN A VIOLATION OF SECTION 4,128
2923.42 OF THE REVISED CODE OR IN AN ACT OF A JUVENILE THAT IS A 4,129
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE SHALL BE GIVEN 4,130
TO THE LAW ENFORCEMENT AGENCY OF THE MUNICIPAL CORPORATION OR 4,132
COUNTY IN WHICH THE OFFENSE OR ACT OCCURRED IF THAT AGENCY 4,133
DESIRES TO HAVE THE VEHICLE, EXCEPT THAT, IF THE OFFENSE OR ACT 4,134
OCCURRED IN A TOWNSHIP OR IN A PARK DISTRICT CREATED PURSUANT TO 4,135
SECTION 511.18 OR 1545.01 OF THE REVISED CODE AND A LAW 4,136
ENFORCEMENT OFFICER EMPLOYED BY THE TOWNSHIP OR THE PARK DISTRICT
WAS INVOLVED IN THE SEIZURE OF THE VEHICLE, THE VEHICLE MAY BE 4,137
GIVEN TO THE LAW ENFORCEMENT AGENCY OF THAT TOWNSHIP OR PARK 4,138
DISTRICT IF THAT AGENCY DESIRES TO HAVE THE VEHICLE, AND EXCEPT 4,139
THAT, IF THE STATE HIGHWAY PATROL MADE THE SEIZURE OF THE 4,140
VEHICLE, THE VEHICLE MAY BE GIVEN TO THE STATE HIGHWAY PATROL IF 4,141
IT DESIRES TO HAVE THE VEHICLE. 4,142
(2) DRUGS SHALL BE DISPOSED OF PURSUANT TO SECTION 3719.11 4,144
OF THE REVISED CODE OR PLACED IN THE CUSTODY OF THE SECRETARY OF 4,145
THE TREASURY OF THE UNITED STATES FOR DISPOSAL OR USE FOR MEDICAL 4,147
OR SCIENTIFIC PURPOSES UNDER APPLICABLE FEDERAL LAW. 4,148
(3) FIREARMS AND DANGEROUS ORDNANCE SUITABLE FOR POLICE 4,150
WORK MAY BE GIVEN TO A LAW ENFORCEMENT AGENCY FOR THAT PURPOSE. 4,151
FIREARMS SUITABLE FOR SPORTING USE, OR AS MUSEUM PIECES OR 4,152
COLLECTORS' ITEMS, MAY BE DISPOSED OF BY SALE PURSUANT TO 4,153
DIVISION (B)(7) OF THIS SECTION. OTHER FIREARMS AND DANGEROUS 4,154
ORDNANCE SHALL BE DESTROYED BY A LAW ENFORCEMENT AGENCY OR SHALL 4,155
BE SENT TO THE BUREAU OF CRIMINAL IDENTIFICATION AND 4,156
INVESTIGATION FOR DESTRUCTION BY IT. 4,157
103
(4) COMPUTERS, COMPUTER NETWORKS, COMPUTER SYSTEMS, AND 4,159
COMPUTER SOFTWARE SUITABLE FOR POLICE WORK MAY BE GIVEN TO A LAW 4,160
ENFORCEMENT AGENCY FOR THAT PURPOSE. OTHER COMPUTERS, COMPUTER 4,161
NETWORKS, COMPUTER SYSTEMS, AND COMPUTER SOFTWARE SHALL BE 4,162
DISPOSED OF BY SALE PURSUANT TO DIVISION (B)(7) OF THIS SECTION 4,163
OR DISPOSED OF IN ANOTHER MANNER THAT THE COURT THAT ISSUED THE 4,164
ORDER OF FORFEITURE CONSIDERS PROPER UNDER THE CIRCUMSTANCES. 4,165
(5) OBSCENE MATERIALS SHALL BE DESTROYED. 4,167
(6) BEER, INTOXICATING LIQUOR, AND ALCOHOL SHALL BE 4,169
DISPOSED OF IN ACCORDANCE WITH DIVISION (D)(4) OF SECTION 2933.41 4,170
OF THE REVISED CODE. 4,171
(7) IN THE CASE OF PROPERTY NOT DESCRIBED IN DIVISIONS 4,174
(B)(1) TO (6) OF THIS SECTION AND OF PROPERTY DESCRIBED IN THOSE
DIVISIONS BUT NOT DISPOSED OF PURSUANT TO THEM, THE PROPERTY 4,175
SHALL BE SOLD IN ACCORDANCE WITH DIVISION (B)(7) OF THIS SECTION 4,176
OR, IN THE CASE OF FORFEITED MONEYS, DISPOSED OF IN ACCORDANCE 4,177
WITH DIVISION (B)(7) OF THIS SECTION. IF THE PROPERTY IS TO BE 4,178
SOLD, THE PROSECUTING ATTORNEY SHALL CAUSE A NOTICE OF THE 4,180
PROPOSED SALE OF THE PROPERTY TO BE GIVEN IN ACCORDANCE WITH LAW, 4,181
AND THE PROPERTY SHALL BE SOLD, WITHOUT APPRAISAL, AT A PUBLIC 4,182
AUCTION TO THE HIGHEST BIDDER FOR CASH. THE PROCEEDS OF A SALE 4,183
AND FORFEITED MONEYS SHALL BE APPLIED IN THE FOLLOWING ORDER: 4,184
(a) FIRST, TO THE PAYMENT OF THE COSTS INCURRED IN 4,186
CONNECTION WITH THE SEIZURE OF, STORAGE OF, MAINTENANCE OF, AND 4,187
PROVISION OF SECURITY FOR THE PROPERTY, THE FORFEITURE PROCEEDING 4,188
OR CIVIL ACTION, AND, IF ANY, THE SALE; 4,189
(b) SECOND, THE REMAINING PROCEEDS OR FORFEITED MONEYS 4,191
AFTER COMPLIANCE WITH DIVISION (B)(7)(a) OF THIS SECTION, TO THE 4,193
PAYMENT OF THE VALUE OF ANY LEGAL RIGHT, TITLE, OR INTEREST IN 4,194
THE PROPERTY THAT IS POSSESSED BY A PERSON WHO, PURSUANT TO 4,195
DIVISION (F) OF SECTION 2923.44 OF THE REVISED CODE OR DIVISION 4,197
(E) OF SECTION 2923.45 OF THE REVISED CODE, ESTABLISHED THE
VALIDITY OF AND CONSEQUENTLY PRESERVED THAT LEGAL RIGHT, TITLE, 4,198
OR INTEREST, INCLUDING, BUT NOT LIMITED TO, ANY MORTGAGE, 4,199
104
PERFECTED OR OTHER SECURITY INTEREST, OR OTHER LIEN IN THE 4,200
PROPERTY. THE VALUE OF THESE RIGHTS, TITLES, OR INTERESTS SHALL 4,201
BE PAID ACCORDING TO THEIR RECORD OR OTHER ORDER OF PRIORITY. 4,202
(c) THIRD, THE REMAINING PROCEEDS OR FORFEITED MONEYS 4,204
AFTER COMPLIANCE WITH DIVISIONS (B)(7)(a) AND (b) OF THIS 4,206
SECTION, AS FOLLOWS:
(i) IF THE FORFEITURE WAS ORDERED IN A JUVENILE COURT, TEN 4,208
PER CENT TO ONE OR MORE ALCOHOL AND DRUG ADDICTION TREATMENT 4,209
PROGRAMS THAT ARE CERTIFIED BY THE DEPARTMENT OF ALCOHOL AND DRUG 4,210
ADDICTION SERVICES UNDER SECTION 3793.06 OF THE REVISED CODE AND 4,211
THAT ARE SPECIFIED IN THE ORDER OF FORFEITURE. A JUVENILE COURT 4,212
SHALL NOT SPECIFY AN ALCOHOL OR DRUG ADDICTION TREATMENT PROGRAM 4,213
IN THE ORDER OF FORFEITURE UNLESS THE PROGRAM IS A CERTIFIED 4,214
ALCOHOL AND DRUG ADDICTION TREATMENT PROGRAM AND, EXCEPT AS 4,215
PROVIDED IN DIVISION (B)(7)(c)(i) OF THIS SECTION, UNLESS THE 4,217
PROGRAM IS LOCATED IN THE COUNTY IN WHICH THE COURT THAT ORDERS
THE FORFEITURE IS LOCATED OR IN A CONTIGUOUS COUNTY. IF NO 4,218
CERTIFIED ALCOHOL AND DRUG ADDICTION TREATMENT PROGRAM IS LOCATED 4,219
IN ANY OF THOSE COUNTIES, THE JUVENILE COURT MAY SPECIFY IN THE 4,220
ORDER A CERTIFIED ALCOHOL AND DRUG ADDICTION TREATMENT PROGRAM 4,221
LOCATED ANYWHERE WITHIN THIS STATE.
(ii) IF THE FORFEITURE WAS ORDERED IN A JUVENILE COURT, 4,223
NINETY PER CENT, AND IF THE FORFEITURE WAS ORDERED IN A COURT 4,224
OTHER THAN A JUVENILE COURT, ONE HUNDRED PER CENT TO APPROPRIATE 4,225
FUNDS IN ACCORDANCE WITH DIVISIONS (D)(1)(c) AND (2) OF SECTION 4,226
2933.43 OF THE REVISED CODE. THE REMAINING PROCEEDS OR FORFEITED 4,227
MONEYS SO DEPOSITED SHALL BE USED ONLY FOR THE PURPOSES 4,228
AUTHORIZED BY THOSE DIVISIONS AND DIVISION (D)(3)(a)(ii) OF THAT 4,229
SECTION.
(C)(1) SECTIONS 2923.44 TO 2923.47 OF THE REVISED CODE DO 4,231
NOT PRECLUDE A FINANCIAL INSTITUTION THAT POSSESSED A VALID 4,232
MORTGAGE, SECURITY INTEREST, OR LIEN THAT IS NOT SATISFIED PRIOR 4,233
TO A SALE UNDER DIVISION (B)(7) OF THIS SECTION OR FOLLOWING A 4,234
SALE BY APPLICATION OF DIVISION (B)(7)(b) OF THIS SECTION, FROM 4,236
105
COMMENCING A CIVIL ACTION IN ANY APPROPRIATE COURT IN THIS OR 4,237
ANOTHER STATE TO OBTAIN A DEFICIENCY JUDGMENT AGAINST THE DEBTOR 4,238
IF THE FINANCIAL INSTITUTION OTHERWISE WOULD HAVE BEEN ENTITLED 4,239
TO DO SO IN THIS OR ANOTHER STATE. 4,240
(2) ANY LAW ENFORCEMENT AGENCY THAT OBTAINS ANY VEHICLE 4,242
PURSUANT TO DIVISION (B)(1) OF THIS SECTION SHALL TAKE THE 4,243
VEHICLE SUBJECT TO THE OUTSTANDING AMOUNT OF ANY SECURITY 4,244
INTEREST OR LIEN THAT ATTACHES TO THE VEHICLE. 4,245
(3) NOTHING IN THIS SECTION IMPAIRS A MORTGAGE, SECURITY 4,247
INTEREST, LIEN, OR OTHER INTEREST OF A FINANCIAL INSTITUTION IN 4,249
PROPERTY THAT WAS THE SUBJECT OF A FORFEITURE ORDER UNDER SECTION 4,250
2923.44 OR 2923.45 OF THE REVISED CODE AND THAT WAS SOLD OR 4,251
OTHERWISE DISPOSED OF IN A MANNER THAT DOES NOT CONFORM TO THE 4,252
REQUIREMENTS OF DIVISION (B) OF THIS SECTION, OR ANY RIGHT OF A 4,253
FINANCIAL INSTITUTION OF THAT NATURE TO COMMENCE A CIVIL ACTION 4,254
IN ANY APPROPRIATE COURT IN THIS OR ANOTHER STATE TO OBTAIN A 4,255
DEFICIENCY JUDGMENT AGAINST THE DEBTOR.
(4) FOLLOWING THE SALE UNDER DIVISION (B)(7) OF THIS 4,257
SECTION OF ANY PROPERTY THAT IS REQUIRED TO BE TITLED OR 4,258
REGISTERED UNDER THE LAW OF THIS STATE, THE PROSECUTING ATTORNEY 4,259
RESPONSIBLE FOR THE DISPOSITION OF THE PROPERTY SHALL CAUSE THE 4,260
STATE TO ISSUE AN APPROPRIATE CERTIFICATE OF TITLE OR 4,261
REGISTRATION TO THE PURCHASER OF THE PROPERTY. IF, IN A 4,263
DISPOSITION OF PROPERTY PURSUANT TO DIVISION (B) OF THIS SECTION, 4,264
THE STATE OR A POLITICAL SUBDIVISION IS GIVEN ANY PROPERTY THAT 4,265
IS REQUIRED TO BE TITLED OR REGISTERED UNDER THE LAW OF THIS 4,266
STATE, THE PROSECUTING ATTORNEY RESPONSIBLE FOR THE DISPOSITION 4,267
OF THE PROPERTY SHALL CAUSE THE STATE TO ISSUE AN APPROPRIATE 4,268
CERTIFICATE OF TITLE OR REGISTRATION TO ITSELF OR TO THE 4,269
POLITICAL SUBDIVISION.
(D) PROPERTY THAT HAS BEEN FORFEITED TO THE STATE PURSUANT 4,271
TO AN ORDER OF CRIMINAL FORFEITURE UNDER SECTION 2923.44 OF THE 4,272
REVISED CODE OR AN ORDER OF CIVIL FORFEITURE UNDER SECTION 4,273
2923.45 OF THE REVISED CODE SHALL NOT BE AVAILABLE FOR USE TO PAY 4,274
106
ANY FINE IMPOSED UPON A PERSON WHO IS CONVICTED OF OR PLEADS 4,275
GUILTY TO A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR 4,276
UPON A JUVENILE WHO IS FOUND BY A JUVENILE COURT TO BE A 4,277
DELINQUENT CHILD FOR AN ACT THAT IS A VIOLATION OF SECTION 4,278
2923.42 OF THE REVISED CODE.
(E) SECTIONS 2923.44 TO 2923.47 OF THE REVISED CODE DO NOT 4,280
PROHIBIT A LAW ENFORCEMENT OFFICER FROM SEEKING THE FORFEITURE OF 4,281
CONTRABAND ASSOCIATED WITH A VIOLATION OF SECTION 2923.42 OF THE 4,282
REVISED CODE PURSUANT TO SECTION 2933.43 OF THE REVISED CODE. 4,283
Sec. 2923.47. (A) ANY PERSON WHO IS AGGRIEVED BY AN 4,285
ALLEGED UNLAWFUL SEIZURE OF PROPERTY THAT POTENTIALLY IS SUBJECT 4,286
TO FORFEITURE UNDER SECTION 2923.44 OR 2923.45 OF THE REVISED 4,287
CODE MAY FILE A MOTION AS DESCRIBED IN DIVISION (B) OF THIS 4,288
SECTION WITH WHICHEVER OF THE FOLLOWING COURTS IS APPROPRIATE 4,289
UNDER THE CIRCUMSTANCES, WITHIN THE TIME DESCRIBED IN DIVISION 4,291
(C) OF THIS SECTION:
(1) THE COURT OF COMMON PLEAS IN WHICH A CRIMINAL 4,293
PROSECUTION FOR A VIOLATION OF SECTION 2923.42 OF THE REVISED 4,294
CODE IS PENDING;
(2) THE JUVENILE COURT IN WHICH A DELINQUENT CHILD ACTION 4,296
FOR AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED 4,297
CODE IS PENDING;
(3) THE COURT OF COMMON PLEAS IN WHICH A CIVIL ACTION AS 4,299
DESCRIBED IN DIVISION (E) OF SECTION 2923.45 OF THE REVISED CODE 4,300
IS PENDING;
(4) THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE 4,302
PROPERTY WAS SEIZED. 4,303
(B) A MOTION FILED PURSUANT TO DIVISION (A) OF THIS 4,305
SECTION SHALL SPECIFY THAT THE SEIZURE OF SPECIFIED PROPERTY WAS 4,307
UNLAWFUL, STATE THE REASONS WHY THE MOVANT BELIEVES THE SEIZURE 4,308
WAS UNLAWFUL, STATE THAT THE MOVANT IS LAWFULLY ENTITLED TO 4,309
POSSESSION OF THE SEIZED PROPERTY, AND REQUEST THE COURT OF 4,310
COMMON PLEAS OR THE JUVENILE COURT TO ISSUE AN ORDER THAT
MANDATES THE LAW ENFORCEMENT AGENCY HAVING CUSTODY OF THE SEIZED 4,312
107
PROPERTY TO RETURN IT TO THE MOVANT. FOR PURPOSES OF THIS 4,313
DIVISION, AN UNLAWFUL SEIZURE OF PROPERTY INCLUDES, BUT IS NOT 4,314
LIMITED TO, A SEIZURE IN VIOLATION OF THE FOURTH AMENDMENT TO THE 4,315
CONSTITUTION OF THE UNITED STATES OR OF SECTION 14 OF ARTICLE I, 4,317
OHIO CONSTITUTION, AND A SEIZURE PURSUANT TO SECTIONS 2923.44 TO 4,318
2923.46 OF THE REVISED CODE OF PROPERTY OTHER THAN POTENTIALLY 4,319
FORFEITABLE PROPERTY AS DESCRIBED IN DIVISION (A)(1) OF SECTION 4,320
2923.44 OR DIVISION (A) OF SECTION 2923.45 OF THE REVISED CODE. 4,321
(C)(1) IF A MOTION AS DESCRIBED IN DIVISION (A) OF THIS 4,323
SECTION IS FILED PRIOR TO THE ENTRY OF AN ORDER OF FORFEITURE 4,324
UNDER SECTION 2923.44 OR 2923.45 OF THE REVISED CODE, THE COURT 4,325
OF COMMON PLEAS OR THE JUVENILE COURT PROMPTLY SHALL SCHEDULE A 4,326
HEARING ON THE MOTION AND CAUSE NOTICE OF THE DATE AND TIME OF 4,328
THE HEARING TO BE GIVEN TO THE MOVANT AND THE PROSECUTING 4,329
ATTORNEY OF THE COUNTY IN WHICH THE PROPERTY WAS SEIZED. AT THE 4,330
HEARING, THE MOVANT AND THE PROSECUTING ATTORNEY MAY PRESENT 4,331
WITNESSES AND EVIDENCE RELATIVE TO THE ISSUES OF WHETHER THE 4,332
PROPERTY IN QUESTION WAS UNLAWFULLY SEIZED AND WHETHER THE MOVANT 4,333
IS LAWFULLY ENTITLED TO POSSESSION OF THE PROPERTY. IF, AFTER 4,334
THE HEARING, THE COURT OF COMMON PLEAS OR THE JUVENILE COURT 4,335
DETERMINES THAT THE MOVANT HAS ESTABLISHED, BY A PREPONDERANCE OF 4,336
THE EVIDENCE, THAT THE PROPERTY IN QUESTION WAS UNLAWFULLY SEIZED 4,337
AND THAT THE MOVANT IS LAWFULLY ENTITLED TO POSSESSION OF IT, THE 4,338
COURT SHALL ISSUE AN ORDER THAT REQUIRES THE LAW ENFORCEMENT 4,339
AGENCY HAVING CUSTODY OF THE SEIZED PROPERTY TO RETURN IT TO THE 4,340
MOVANT. 4,341
(2)(a) IF A MOTION IS FILED IN ACCORDANCE WITH DIVISION 4,344
(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 4,345
SECTION 2923.42 OF THE REVISED CODE OR A DELINQUENT CHILD ACTION 4,346
FOR AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED 4,347
CODE HAS BEEN COMMENCED BY THE FILING OF AN INDICTMENT, 4,348
INFORMATION, OR COMPLAINT, THEN THE COURT OF COMMON PLEAS OR THE 4,349
JUVENILE COURT SHALL TREAT THE MOTION AS A MOTION TO SUPPRESS 4,351
108
EVIDENCE.
(b) IF AN ORDER TO RETURN SEIZED PROPERTY IS ISSUED 4,353
PURSUANT TO DIVISION (C)(1) OF THIS SECTION, THE RETURNED 4,354
PROPERTY SHALL NOT BE ADMISSIBLE IN EVIDENCE IN ANY PENDING OR 4,355
SUBSEQUENTLY COMMENCED CRIMINAL PROSECUTION FOR A VIOLATION OF 4,356
SECTION 2923.42 OF THE REVISED CODE IF THE PROSECUTION AROSE OR 4,357
ARISES OUT OF THE UNLAWFUL SEIZURE OF THE PROPERTY, OR IN ANY 4,358
PENDING OR SUBSEQUENTLY COMMENCED DELINQUENT CHILD ACTION FOR AN 4,359
ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE IF 4,360
THE ACTION AROSE OR ARISES OUT OF THE UNLAWFUL SEIZURE OF THE 4,361
PROPERTY. 4,362
Sec. 2929.14. (A) Except as provided in division (C), 4,374
(D)(2), (D)(3), (D)(4), or (G) of this section and except in 4,375
relation to an offense for which a sentence of death or life 4,376
imprisonment is to be imposed, if the court imposing a sentence 4,377
upon an offender for a felony elects or is required to impose a 4,378
prison term on the offender pursuant to this chapter and is not 4,379
prohibited by division (G)(1) of section 2929.13 of the Revised 4,380
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 4,382
(1) For a felony of the first degree, the prison term 4,384
shall be three, four, five, six, seven, eight, nine, or ten 4,385
years. 4,386
(2) For a felony of the second degree, the prison term 4,388
shall be two, three, four, five, six, seven, or eight years. 4,389
(3) For a felony of the third degree, the prison term 4,391
shall be one, two, three, four, or five years. 4,392
(4) For a felony of the fourth degree, the prison term 4,394
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 4,395
fourteen, fifteen, sixteen, seventeen, or eighteen months. 4,396
(5) For a felony of the fifth degree, the prison term 4,398
shall be six, seven, eight, nine, ten, eleven, or twelve months. 4,400
(B) Except as provided in division (C), (D)(2), (D)(3), or 4,403
(G) of this section, in section 2907.02 of the Revised Code, or 4,404
109
in Chapter 2925. of the Revised Code, if the court imposing a 4,406
sentence upon an offender for a felony elects or is required to 4,407
impose a prison term on the offender and if the offender 4,408
previously has not served a prison term, the court shall impose 4,409
the shortest prison term authorized for the offense pursuant to 4,410
division (A) of this section, unless the court finds on the 4,411
record that the shortest prison term will demean the seriousness 4,412
of the offender's conduct or will not adequately protect the 4,413
public from future crime by the offender or others. 4,414
(C) Except as provided in division (G) of this section or 4,416
in Chapter 2925. of the Revised Code, the court imposing a 4,417
sentence upon an offender for a felony may impose the longest 4,418
prison term authorized for the offense pursuant to division (A) 4,419
of this section only upon offenders who committed the worst forms 4,420
of the offense, upon offenders who pose the greatest likelihood 4,421
of committing future crimes, upon certain major drug offenders 4,422
under division (D)(3) of this section, and upon certain repeat 4,423
violent offenders in accordance with division (D)(2) of this 4,425
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b) of 4,427
this section, if an offender who is convicted of or pleads guilty 4,428
to a felony also is convicted of or pleads guilty to a 4,429
specification of the type described in section 2941.144 of the 4,430
Revised Code that charges the offender with having a firearm that 4,432
is an automatic firearm or that was equipped with a firearm 4,433
muffler or silencer on or about the offender's person or under 4,435
the offender's control while committing the felony, a
specification of the type described in section 2941.145 of the 4,436
Revised Code that charges the offender with having a firearm on 4,437
or about the offender's person or under the offender's control 4,438
while committing the offense and displaying the firearm, 4,440
brandishing the firearm, indicating that the offender possessed 4,441
the firearm, or using it to facilitate the offense, or a 4,443
specification of the type described in section 2941.141 of the
110
Revised Code that charges the offender with having a firearm on 4,445
or about the offender's person or under the offender's control 4,446
while committing the felony, the court, after imposing a prison 4,447
term on the offender for the felony under division (A), (D)(2), 4,449
or (D)(3) of this section, shall impose an additional prison 4,450
term, determined pursuant to this division, that shall not be 4,451
reduced pursuant to section 2929.20, section 2967.193, or any 4,452
other provision of Chapter 2967. or Chapter 5120. of the Revised 4,453
Code. If the specification is of the type described in section 4,455
2941.144 of the Revised Code, the additional prison term shall be 4,456
six years. If the specification is of the type described in 4,458
section 2941.145 of the Revised Code, the additional prison term 4,460
shall be three years. If the specification is of the type 4,461
described in section 2941.141 of the Revised Code, the additional
prison term shall be one year. A court shall not impose more 4,463
than one additional prison term on an offender under this 4,464
division for felonies committed as part of the same act or 4,465
transaction. If a court imposes an additional prison term under 4,466
division (D)(1)(a)(ii) of this section, the court is not
precluded from imposing an additional prison term under this 4,467
division.
(ii) Except as provided in division (D)(1)(b) of this 4,470
section, if an offender who is convicted of or pleads guilty to a 4,471
violation of section 2923.161 of the Revised Code or to a felony 4,473
that includes, as an essential element, purposely or knowingly 4,474
causing or attempting to cause the death of or physical harm to 4,475
another, also is convicted of or pleads guilty to a specification 4,476
of the type described in section 2941.146 of the Revised Code 4,479
that charges the offender with committing the offense by 4,480
discharging a firearm from a motor vehicle, as defined in section 4,481
4501.01 of the Revised Code, other than a manufactured home, as 4,484
defined in section 4501.01 of the Revised Code, the court, after 4,486
imposing a prison term on the offender for the violation of 4,487
section 2923.161 of the Revised Code or for the other felony 4,489
111
offense under division (A), (D)(2), or (D)(3) of this section, 4,490
shall impose an additional prison term of five years upon the 4,491
offender that shall not be reduced pursuant to section 2929.20, 4,492
section 2967.193, or any other provision of Chapter 2967. or 4,493
Chapter 5120. of the Revised Code. A court shall not impose more 4,495
than one additional prison term on an offender under this
division for felonies committed as part of the same act or 4,497
transaction. If a court imposes an additional prison term on an
offender under this division relative to an offense, the court 4,498
also shall impose an additional prison term under division 4,499
(D)(1)(a)(i) of this section relative to the same offense, 4,500
provided the criteria specified in that division for imposing an 4,501
additional prison term are satisfied relative to the offender and 4,502
the offense.
(b) The court shall not impose any of the additional 4,504
prison terms described in division (D)(1)(a) of this section upon 4,507
an offender for a violation of section 2923.12 or 2923.123 of the 4,508
Revised Code. The court shall not impose any of the additional 4,509
prison terms described in that division upon an offender for a 4,510
violation of section 2923.13 of the Revised Code unless all of 4,511
the following apply:
(i) The offender previously has been convicted of 4,514
aggravated murder, murder, or any felony of the first or second 4,515
degree.
(ii) Less than five years have passed since the offender 4,518
was released from prison or post-release control, whichever is 4,519
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 4,522
to a felony also is convicted of or pleads guilty to a 4,523
specification of the type described in section 2941.149 of the 4,524
Revised Code that the offender is a repeat violent offender, the 4,526
court shall impose a prison term from the range of terms 4,527
authorized for the offense under division (A) of this section 4,528
that may be the longest term in the range and that shall not be 4,529
112
reduced pursuant to section 2929.20, section 2967.193, or any 4,531
other provision of Chapter 2967. or Chapter 5120. of the Revised 4,532
Code. If the court finds that the repeat violent offender, in 4,534
committing the offense, caused any physical harm that carried a 4,535
substantial risk of death to a person or that involved 4,536
substantial permanent incapacity or substantial permanent 4,537
disfigurement of a person, the court shall impose the longest 4,538
prison term from the range of terms authorized for the offense 4,540
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 4,543
violent offender imposes the longest prison term from the range 4,544
of terms authorized for the offense under division (A) of this 4,545
section, the court may impose on the offender an additional 4,546
definite prison term of one, two, three, four, five, six, seven, 4,547
eight, nine, or ten years if the court finds that both of the 4,548
following apply with respect to the prison terms imposed on the 4,549
offender pursuant to division (D)(2)(a) of this section and, if 4,550
applicable, divisions (D)(1) and (3) of this section: 4,551
(i) The terms so imposed are inadequate to punish the 4,554
offender and protect the public from future crime, because the 4,555
applicable factors under section 2929.12 of the Revised Code 4,558
indicating a greater likelihood of recidivism outweigh the 4,560
applicable factors under that section indicating a lesser
likelihood of recidivism. 4,561
(ii) The terms so imposed are demeaning to the seriousness 4,564
of the offense, because one or more of the factors under section 4,565
2929.12 of the Revised Code indicating that the offender's 4,566
conduct is more serious than conduct normally constituting the 4,567
offense are present, and they outweigh the applicable factors 4,568
under that section indicating that the offender's conduct is less 4,570
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 4,573
section 2903.01 or 2907.02 of the Revised Code and the penalty 4,574
imposed for the violation is life imprisonment or commits a 4,575
113
violation of section 2903.02 of the Revised Code, if the offender 4,576
commits a violation of section 2925.03, 2925.04, or 2925.11 of 4,577
the Revised Code and that section requires the imposition of a 4,579
ten-year prison term on the offender or if a court imposing a 4,580
sentence upon an offender for a felony finds that the offender is 4,581
guilty of a specification of the type described in section 4,582
2941.1410 of the Revised Code, that the offender is a major drug 4,583
offender, is guilty of corrupt activity with the most serious 4,584
offense in the pattern of corrupt activity being a felony of the 4,585
first degree, or is guilty of an attempted forcible violation of 4,586
section 2907.02 of the Revised Code with the victim being under 4,587
thirteen years of age and that attempted violation is the felony 4,588
for which sentence is being imposed, the court shall impose upon 4,589
the offender for the felony violation a ten-year prison term that 4,590
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 4,592
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 4,595
division (D)(3)(a) of this section may impose an additional 4,596
prison term of one, two, three, four, five, six, seven, eight, 4,597
nine, or ten years, if the court, with respect to the term 4,598
imposed under division (D)(3)(a) of this section and, if 4,599
applicable, divisions (D)(1) and (2) of this section, makes both 4,601
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 4,602
this section.
(4) If the offender is being sentenced for a fourth degree 4,604
felony OMVI offense and if division (G)(2) of section 2929.13 of 4,606
the Revised Code requires the sentencing court to impose upon the 4,607
offender a mandatory prison term, the sentencing court shall 4,608
impose upon the offender a mandatory prison term in accordance 4,609
with that division. In addition to the mandatory prison term,
the sentencing court may sentence the offender to an additional 4,610
prison term of any duration specified in division (A)(4) of this 4,611
section minus the sixty days imposed upon the offender as the 4,612
mandatory prison term. The total of the additional prison term 4,613
114
imposed under division (D)(4) of this section plus the sixty days 4,614
imposed as the mandatory prison term shall equal one of the 4,615
authorized prison terms specified in division (A)(4) of this
section. If the court imposes an additional prison term under 4,616
division (D)(4) of this section, the offender shall serve the 4,617
additional prison term after the offender has served the 4,618
mandatory prison term required for the offense. The court shall 4,619
not sentence the offender to a community control sanction under
section 2929.16 or 2929.17 of the Revised Code. 4,620
(E)(1) If a mandatory prison term is imposed upon an 4,623
offender pursuant to division (D)(1)(a) of this section for 4,624
having a firearm on or about the offender's person or under the
offender's control while committing a felony or if a mandatory 4,626
prison term is imposed upon an offender pursuant to division 4,627
(D)(1)(b) of this section for committing a felony specified in 4,628
that division by discharging a firearm from a motor vehicle, the 4,629
offender shall serve the mandatory prison term consecutively to 4,630
and prior to the prison term imposed for the underlying felony 4,631
pursuant to division (A), (D)(2), or (D)(3) of this section or 4,632
any other section of the Revised Code and consecutively to any 4,633
other prison term or mandatory prison term previously or 4,635
subsequently imposed upon the offender. 4,636
(2) If an offender who is an inmate in a jail, prison, or 4,639
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 4,641
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 4,642
offender who is an inmate in a jail, prison, or other residential 4,643
detention facility or is under detention at a detention facility 4,644
commits another felony while the offender is an escapee in 4,646
violation of section 2921.34 of the Revised Code, any prison term 4,648
imposed upon the offender for one of those violations shall be 4,649
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 4,651
115
committed that offense and to any other prison term previously or 4,652
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 4,653
meanings as in section 2921.01 of the Revised Code. 4,654
(3) If a prison term is imposed for a violation of 4,656
division (B) of section 2911.01 of the Revised Code, the offender 4,658
shall serve that prison term consecutively to any other prison 4,659
term.
(4) If multiple prison terms are imposed on an offender 4,661
for convictions of multiple offenses, the court may require the 4,662
offender to serve the prison terms consecutively if the court 4,663
finds that the consecutive service is necessary to protect the 4,664
public from future crime or to punish the offender and that 4,665
consecutive sentences are not disproportionate to the seriousness 4,666
of the offender's conduct and to the danger the offender poses to 4,668
the public, and if the court also finds any of the following: 4,669
(a) The offender committed the multiple offenses while the 4,672
offender was awaiting trial or sentencing, was under a sanction 4,673
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 4,674
Revised Code, or was under post-release control for a prior 4,675
offense.
(b) The harm caused by the multiple offenses was so great 4,678
or unusual that no single prison term for any of the offenses 4,679
committed as part of a single course of conduct adequately 4,680
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 4,682
demonstrates that consecutive sentences are necessary to protect 4,683
the public from future crime by the offender. 4,684
(5) When consecutive prison terms are imposed pursuant to 4,687
division (E)(1), (2), (3), or (4) of this section, the term to be 4,688
served is the aggregate of all of the terms so imposed. 4,689
(F) If a court imposes a prison term of a type described 4,692
in division (B) of section 2967.28 of the Revised Code, it shall 4,693
include in the sentence a requirement that the offender be 4,694
116
subject to a period of post-release control after the offender's 4,695
release from imprisonment, in accordance with that division. If 4,696
a court imposes a prison term of a type described in division (C) 4,697
of that section, it shall include in the sentence a requirement 4,698
that the offender be subject to a period of post-release control 4,699
after the offender's release from imprisonment, in accordance 4,700
with that division, if the parole board determines that a period 4,701
of post-release control is necessary. 4,702
(G) If a person is convicted of or pleads guilty to a 4,704
sexually violent offense and also is convicted of or pleads 4,705
guilty to a sexually violent predator specification that was 4,706
included in the indictment, count in the indictment, or 4,707
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 4,708
the Revised Code, and Chapter 2971. of the Revised Code applies 4,709
regarding the prison term or term of life imprisonment without 4,710
parole imposed upon the offender and the service of that term of 4,711
imprisonment.
(H) If a person who has been convicted of or pleaded 4,713
guilty to a felony is sentenced to a prison term or term of 4,714
imprisonment under this section, sections 2929.02 to 2929.06 of 4,715
the Revised Code, section 2971.03 of the Revised Code, or any 4,716
other provision of law, section 5120.163 of the Revised Code 4,717
applies regarding the person while the person is confined in a
state correctional institution. 4,718
(I) IF AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY TO 4,720
A FELONY THAT IS AN OFFENSE OF VIOLENCE ALSO IS CONVICTED OF OR 4,722
PLEADS GUILTY TO A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 4,723
2941.142 OF THE REVISED CODE THAT CHARGES THE OFFENDER WITH 4,724
HAVING COMMITTED THE FELONY WHILE PARTICIPATING IN A CRIMINAL 4,725
GANG, THE COURT SHALL IMPOSE UPON THE OFFENDER AN ADDITIONAL 4,727
PRISON TERM OF ONE, TWO, OR THREE YEARS.
Sec. 2933.41. (A)(1) Any property, other than contraband 4,736
that is subject to the provisions of section 2913.34 or 2933.43 4,738
117
of the Revised Code, other than property that is subject to 4,739
section 3719.141 of the Revised Code, other than property that is 4,740
forfeited under sections 2923.44 TO 2923.47 OR 2925.41 to 2925.45 4,742
of the Revised Code, other than a vehicle that is criminally 4,743
forfeited under an order issued under section 4503.233 or 4,744
4503.234 of the Revised Code and that is to be disposed of under 4,745
section 4503.234 of the Revised Code, other than property that 4,746
has been lawfully seized under sections 2933.71 to 2933.75 of the 4,747
Revised Code in relation to a medicaid fraud offense, and other 4,748
than property that has been lawfully seized in relation to a 4,749
violation of section 2923.32 of the Revised Code, that has been 4,750
lost, abandoned, stolen, seized pursuant to a search warrant, or 4,751
otherwise lawfully seized or forfeited, and that is in the 4,752
custody of a law enforcement agency shall be kept safely pending 4,753
the time it no longer is needed as evidence and shall be disposed 4,754
of pursuant to this section. Each law enforcement agency that 4,755
has custody of any property that is subject to this section shall 4,756
adopt a written internal control policy that addresses the 4,757
keeping of detailed records as to the amount of property taken in 4,758
by the agency, that addresses the agency's disposition of the 4,759
property under this section, that provides for the keeping of 4,760
detailed records of the disposition of the property, and that 4,761
provides for the keeping of detailed financial records of the 4,762
amount and disposition of any proceeds of a sale of the property 4,763
under division (D)(8) of this section and of the general types of 4,764
expenditures made out of the proceeds retained by the agency and 4,765
the specific amount expended on each general type of expenditure. 4,766
The policy shall not provide for or permit the identification of 4,767
any specific expenditure that is made in an ongoing 4,768
investigation. The policy is a public record open for inspection 4,769
under section 149.43 of the Revised Code. 4,770
(2)(a) Every law enforcement agency that has any lost, 4,772
abandoned, stolen, seized, or forfeited property as described in 4,773
division (A)(1) of this section in its custody shall comply with 4,774
118
its written internal control policy adopted under that division 4,775
relative to the property. Each agency that has any property of 4,777
that nature in its custody, except for property to be disposed of 4,778
under division (D)(4) of this section, shall maintain an accurate 4,779
record, in accordance with its written internal control policy, 4,780
of each item of the property. The record shall include the date 4,781
on which each item of property came into the agency's custody, 4,782
the manner in which it was disposed of, the date of its 4,783
disposition, the name of the person who received the property if 4,784
it was not destroyed, and all other information required by the 4,785
agency's written internal control policy; however, the record 4,786
shall not identify or enable the identification of the individual 4,787
officer who seized any item of property. The record of any 4,788
property that no longer is needed as evidence, and all financial 4,789
records of the amount and disposition of any proceeds of a sale 4,790
under division (D)(8) of this section and of the general types of 4,791
expenditures made out of the proceeds retained by the agency and 4,792
the specific amount of each general type of expenditure, shall be 4,793
open to public inspection during the agency's regular business 4,794
hours. 4,795
Each law enforcement agency that, during any calendar year, 4,797
has any seized or forfeited property as described in division 4,798
(A)(1) of this section in its custody shall prepare a report 4,799
covering the calendar year that cumulates all of the information 4,800
contained in all of the records kept by the agency pursuant to 4,801
this division for that calendar year and shall send a copy of the 4,803
cumulative report, no later than the first day of March in the 4,804
calendar year following the calendar year covered by the report, 4,805
to the attorney general. Each report received by the attorney 4,806
general is a public record open for inspection under section 4,807
149.43 of the Revised Code.
(b) Each law enforcement agency that receives in any 4,809
calendar year any proceeds of a sale under division (D)(8) of 4,810
this section shall prepare a report covering the calendar year 4,811
119
that cumulates all of the information contained in all of the 4,812
public financial records kept by the agency pursuant to division 4,813
(D)(2)(a) of this section for that calendar year and shall send a 4,815
copy of the cumulative report, no later than the first day of
March in the calendar year following the calendar year covered by 4,816
the report, to the attorney general. Each report received by the 4,817
attorney general is a public record open for inspection under 4,818
section 149.43 of the Revised Code. 4,819
(c) Not later than the fifteenth day of April in the 4,821
calendar year in which reports are sent to the attorney general 4,822
under divisions (A)(2)(a) and (b) of this section, the attorney 4,824
general shall send to the president of the senate and the speaker
of the house of representatives a written notification that does 4,825
all of the following: 4,826
(i) Indicates that the attorney general has received from 4,828
law enforcement agencies reports of the type described in 4,830
division (A)(2)(a), (A)(2)(b), or both (A)(2)(a) and (b) of this 4,831
section, whichever is applicable, that cover the previous 4,832
calendar year and indicates that the reports were received under 4,833
division (A)(2)(a), (A)(2)(b), or both (A)(2)(a) and (b) of this 4,834
section, whichever is applicable;
(ii) Indicates that the reports are open for inspection 4,837
under section 149.43 of the Revised Code; 4,838
(iii) Indicates that the attorney general will provide a 4,841
copy of any or all of the reports to the president of the senate 4,842
or the speaker of the house of representatives upon request. 4,843
(B) A law enforcement agency that has property in its 4,845
possession that is required to be disposed of pursuant to this 4,846
section shall make a reasonable effort to locate the persons 4,847
entitled to possession of the property in its custody, to notify 4,848
them of when and where it may be claimed, and to return the 4,849
property to them at the earliest possible time. In the absence 4,850
of evidence identifying persons entitled to possession, it is 4,851
sufficient notice to advertise in a newspaper of general 4,852
120
circulation in the county, briefly describing the nature of the 4,853
property in custody and inviting persons to view and establish 4,854
their right to it. 4,855
(C) A person loses any right that the person may have to 4,857
the possession, or the possession and ownership, of property if 4,858
any of the following applies: 4,859
(1) The property was the subject, or was used in a 4,861
conspiracy or attempt to commit, or in the commission, of an 4,862
offense other than a traffic offense, and the person is a 4,863
conspirator, accomplice, or offender with respect to the offense. 4,864
(2) A court determines that the property should be 4,866
forfeited because, in light of the nature of the property or the 4,867
circumstances of the person, it is unlawful for the person to 4,868
acquire or possess the property. 4,869
(D) Unclaimed or forfeited property in the custody of a 4,871
law enforcement agency, other than contraband that is subject to 4,872
the provisions of section 2913.34 or 2933.43 of the Revised Code, 4,874
other than property forfeited under sections 2923.44 TO 2923.47 4,875
OR 2925.41 to 2925.45 of the Revised Code, and other than 4,877
property that has been lawfully seized in relation to a violation 4,878
of section 2923.32 of the Revised Code, shall be disposed of on 4,879
application to and order of any court of record that has 4,880
territorial jurisdiction over the political subdivision in which 4,881
the law enforcement agency has jurisdiction to engage in law 4,882
enforcement activities, as follows:
(1) Drugs shall be disposed of pursuant to section 3719.11 4,884
of the Revised Code or placed in the custody of the secretary of 4,885
the treasury of the United States for disposal or use for medical 4,886
or scientific purposes under applicable federal law. 4,887
(2) Firearms and dangerous ordnance suitable for police 4,889
work may be given to a law enforcement agency for that purpose. 4,890
Firearms suitable for sporting use or as museum pieces or 4,891
collectors' items may be sold at public auction pursuant to 4,892
division (D)(8) of this section. Other firearms and dangerous 4,893
121
ordnance shall be destroyed by the agency or shall be sent to the 4,894
bureau of criminal identification and investigation for 4,895
destruction by the bureau. 4,896
(3) Obscene materials shall be destroyed. 4,898
(4) Beer, intoxicating liquor, or alcohol seized from a 4,900
person who is not the holder of a permit issued under Chapters 4,901
4301. and 4303. of the Revised Code or is an offender and 4,902
forfeited to the state under section 4301.45 or 4301.53 of the 4,903
Revised Code shall be sold by the division of liquor control, if 4,905
the division determines that the beer, intoxicating liquor, or 4,906
alcohol is fit for sale. If any tax imposed under Title XLIII of 4,907
the Revised Code has not been paid in relation to the beer,
intoxicating liquor, or alcohol, the proceeds of the sale shall 4,908
first be used to pay the tax. All other money collected under 4,909
division (D)(4) of this section shall be paid into the state 4,910
treasury. Any such beer, intoxicating liquor, or alcohol that 4,911
the division determines to be unfit for sale shall be destroyed. 4,913
(5) Money received by an inmate of a correctional 4,915
institution from an unauthorized source or in an unauthorized 4,916
manner shall be returned to the sender, if known, or deposited in 4,917
the inmates' industrial and entertainment fund if the sender is 4,918
not known. 4,919
(6) Vehicles and vehicle parts forfeited under sections 4,921
4549.61 to 4549.63 of the Revised Code may be given to a law 4,922
enforcement agency for use in the performance of its duties. 4,923
Those parts may be incorporated into any other official vehicle. 4,924
Parts that do not bear vehicle identification numbers or 4,925
derivatives of them may be sold or disposed of as provided by 4,926
rules of the director of public safety. Parts from which a 4,927
vehicle identification number or derivative of it has been 4,928
removed, defaced, covered, altered, or destroyed and that are not 4,929
suitable for police work or incorporation into an official 4,930
vehicle shall be destroyed and sold as junk or scrap. 4,931
(7)(a) Computers, computer networks, computer systems, and 4,933
122
computer software suitable for police work may be given to a law 4,934
enforcement agency for that purpose. Other computers, computer 4,935
networks, computer systems, and computer software shall be 4,936
disposed of pursuant to division (D)(8) of this section. 4,937
(b) As used in this section, "computers," "computer 4,939
networks," "computer systems," and "computer software" have the 4,940
same meanings as in section 2913.01 of the Revised Code. 4,941
(8) Other unclaimed or forfeited property, with the 4,943
approval of the court, may be used by the law enforcement agency 4,944
that has possession of it. If the other unclaimed or forfeited 4,945
property is not used by the law enforcement agency, it may be 4,946
sold, without appraisal, at a public auction to the highest 4,947
bidder for cash, or, in the case of other unclaimed or forfeited 4,948
moneys, disposed of in another manner that the court considers 4,949
proper in the circumstances. 4,950
(E)(1)(a) If the property was in the possession of the law 4,953
enforcement agency in relation to a delinquent child proceeding 4,954
in a juvenile court, ten per cent of the proceeds from property 4,955
disposed of pursuant to this section shall be applied to one or 4,956
more alcohol and drug addiction treatment programs that are 4,957
certified by the department of alcohol and drug addiction
services under section 3793.06 of the Revised Code and that are 4,959
specified by the court in its order issued under division (D) of 4,960
this section. A juvenile court shall not specify an alcohol or 4,962
drug addiction treatment program in the order unless the program 4,964
is a certified alcohol and drug addiction treatment program and, 4,965
except as provided in division (E)(1)(a) of this section, unless 4,966
the program is located in the county in which the court that 4,968
issues the orders is located or in a contiguous county. If no 4,969
certified alcohol and drug addiction treatment program is located 4,970
in any of those counties, the juvenile court may specify in the
order a certified alcohol and drug addiction treatment program 4,973
located anywhere within this state. The remaining ninety per 4,974
cent of the proceeds shall be applied as provided in divisions 4,975
123
(E)(1)(b) of this section. 4,976
If the property was in the possession of the law 4,978
enforcement agency other than in relation to a delinquent child 4,979
proceeding in a juvenile court, all of the proceeds from property 4,980
disposed of pursuant to this section shall be applied as provided 4,981
in division (E)(1)(b) of this section. 4,982
(b) Except as provided in divisions (D)(4), (5), and 4,984
(E)(2) of this section and after compliance with division 4,985
(E)(1)(a) of this section when that division is applicable, the 4,987
proceeds from property disposed of pursuant to this section shall 4,989
be placed in the general fund of the state, the county, the 4,990
township, or the municipal corporation, of which the law 4,991
enforcement agency involved is an agency. 4,992
(2) Each board of county commissioners that recognizes a 4,994
citizens' reward program as provided in section 9.92 of the 4,995
Revised Code shall notify each law enforcement agency of that 4,996
county and each law enforcement agency of a township or municipal 4,997
corporation wholly located in that county of the official 4,998
recognition of the citizens' reward program by filing a copy of 4,999
its resolution conferring that recognition with each of those law 5,001
enforcement agencies. When the board of county commissioners of 5,002
a county recognizes a citizens' reward program and the county 5,003
includes a part, but not all, of the territory of a municipal 5,004
corporation, the board shall so notify the law enforcement agency 5,005
of that municipal corporation of the official recognition of the 5,006
citizens' reward program only if the county contains the highest 5,007
percentage of the municipal corporation's population. Upon 5,008
receipt of a notice of that nature, each law enforcement agency 5,010
shall pay twenty-five per cent of the proceeds from each sale of 5,011
property disposed of pursuant to this section to the citizens' 5,012
reward program for use exclusively for the payment of rewards. 5,013
No part of those funds may be used to pay for the administrative 5,014
expenses or any other expenses associated with a citizens' reward 5,015
program. If a citizens' reward program that operates in more 5,016
124
than one county or in another state or states in addition to this 5,017
state receives funds pursuant to this section, the funds shall be 5,018
used to pay rewards only for tips and information to law 5,019
enforcement agencies concerning felonies, offenses of violence, 5,020
or misdemeanors that have been committed in the county from which 5,021
the funds were received. 5,022
(F) This section does not apply to the collection, 5,024
storage, or disposal of abandoned junk motor vehicles. This 5,025
section shall not be construed to rescind or restrict the 5,026
authority of a municipal law enforcement agency to keep and 5,027
dispose of lost, abandoned, stolen, seized, or forfeited property 5,028
under an ordinance of the municipal corporation, provided that, 5,029
when a municipal corporation that has received notice as provided 5,030
in division (E)(2) of this section disposes of property under an 5,032
ordinance of that nature, it shall pay twenty-five per cent of 5,033
the proceeds from any sale or auction to the citizens' reward 5,034
program as provided under that division. 5,035
(G) The receipt of funds by a citizens' reward program 5,037
pursuant to division (E) of this section does not make it a 5,038
governmental unit for purposes of section 149.43 of the Revised 5,039
Code and does not subject it to the disclosure provisions of that 5,040
section. 5,041
(H) For purposes of this section, "law enforcement agency" 5,043
includes correctional institutions. As used in this section, 5,044
"citizens' reward program" has the same meaning as in section 5,045
9.92 of the Revised Code. 5,046
Sec. 2933.43. (A)(1) Except as provided in this division 5,055
or in section 2913.34 or sections 2923.44 TO 2923.47 OR 2925.41 5,057
to 2925.45 of the Revised Code, a law enforcement officer shall 5,058
seize any contraband that has been, is being, or is intended to 5,059
be used in violation of division (A) of section 2933.42 of the 5,060
Revised Code. A law enforcement officer shall seize contraband 5,061
that is a watercraft, motor vehicle, or aircraft and that has 5,062
been, is being, or is intended to be used in violation of 5,063
125
division (A) of section 2933.42 of the Revised Code only if the 5,064
watercraft, motor vehicle, or aircraft is contraband because of 5,065
its relationship to an underlying criminal offense that is a 5,066
felony.
Additionally, a law enforcement officer shall seize any 5,068
watercraft, motor vehicle, aircraft, or other personal property 5,069
that is classified as contraband under division (B) of section 5,070
2933.42 of the Revised Code if the underlying offense involved in 5,071
the violation of division (A) of that section that resulted in 5,072
the watercraft, motor vehicle, aircraft, or personal property 5,073
being classified as contraband, is a felony. 5,074
(2) If a law enforcement officer seizes property that is 5,076
titled or registered under law, including a motor vehicle, 5,077
pursuant to division (A)(1) of this section, the officer or the 5,078
officer's employing law enforcement agency shall notify the owner 5,079
of the seizure. The notification shall be given to the owner at 5,080
the owner's last known address within seventy-two hours after the 5,081
seizure, and may be given orally by any means, including 5,082
telephone, or by certified mail, return receipt requested. 5,083
If the officer or the officer's agency is unable to provide 5,085
the notice required by this division despite reasonable, good 5,086
faith efforts to do so, the exercise of the reasonable, good 5,087
faith efforts constitutes fulfillment of the notice requirement 5,088
imposed by this division. 5,089
(B)(1) A motor vehicle seized pursuant to division (A)(1) 5,091
of this section and the contents of the vehicle may be retained 5,092
for a reasonable period of time, not to exceed seventy-two hours, 5,093
for the purpose of inspection, investigation, and the gathering 5,094
of evidence of any offense or illegal use. 5,095
At any time prior to the expiration of the seventy-two-hour 5,097
period, the law enforcement agency that seized the motor vehicle 5,098
may petition the court of common pleas of the county that has 5,099
jurisdiction over the underlying criminal case or administrative 5,100
proceeding involved in the forfeiture for an extension of the 5,101
126
seventy-two-hour period if the motor vehicle or its contents are 5,102
needed as evidence or if additional time is needed for the 5,103
inspection, investigation, or gathering of evidence. Upon the 5,104
filing of such a petition, the court immediately shall schedule a 5,105
hearing to be held at a time as soon as possible after the 5,106
filing, but in no event at a time later than the end of the next 5,107
business day subsequent to the day on which the petition was 5,108
filed, and upon scheduling the hearing, immediately shall notify 5,109
the owner of the vehicle, at the address at which notification of 5,110
the seizure was provided under division (A) of this section, of 5,111
the date, time, and place of the hearing. If the court, at the 5,112
hearing, determines that the vehicle or its contents, or both, 5,113
are needed as evidence or that additional time is needed for the 5,114
inspection, investigation, or gathering of evidence, the court 5,115
may grant the petition and issue an order authorizing the 5,116
retention of the vehicle or its contents, or both, for an 5,117
extended period as specified by the court in its order. An order 5,118
extending a period of retention issued under this division may be 5,119
renewed. 5,120
If no petition for the extension of the initial 5,122
seventy-two-hour period has been filed, prior to the expiration 5,123
of that period, under this division, if the vehicle was not in 5,124
the custody and control of the owner at the time of its seizure, 5,125
and if, at the end of that seventy-two-hour period, the owner of 5,126
the vehicle has not been charged with an offense or 5,127
administrative violation that includes the use of the vehicle as 5,128
an element and has not been charged with any other offense or 5,129
administrative violation in the actual commission of which the 5,130
motor vehicle was used, the vehicle and its contents shall be 5,131
released to its owner or the owner's agent, provided that the law 5,132
enforcement agency that seized the vehicle may require proof of 5,133
ownership of the vehicle, proof of ownership or legal possession 5,134
of the contents, and an affidavit of the owner that the owner 5,135
neither knew of nor expressly or impliedly consented to the use 5,136
127
of the vehicle that resulted in its forfeiture as conditions 5,137
precedent to release. If a petition for the extension of the 5,138
initial seventy-two-hour period has been filed, prior to the 5,139
expiration of that period, under this division but the court does 5,140
not grant the petition, if the vehicle was not in the custody and 5,141
control of the owner at the time of its seizure, and if, at the 5,142
end of that seventy-two-hour period, the owner of the vehicle has 5,143
not been charged with an offense or administrative violation that 5,144
includes the use of the vehicle as an element and has not been 5,145
charged with any other offense or administrative violation in the 5,146
actual commission of which the motor vehicle was used, the 5,147
vehicle and its contents shall be released to its owner or the 5,148
owner's agent, provided that the court may require the proof and 5,149
affidavit described in the preceding sentence as conditions 5,150
precedent to release. If the initial seventy-two-hour period has 5,151
been extended under this division, the vehicle and its contents 5,152
to which the extension applies may be retained in accordance with 5,153
the extension order. If, at the end of that extended period, the 5,154
owner of the vehicle has not been charged with an offense or 5,155
administrative violation that includes the use of the vehicle as 5,156
an element and has not been charged with any other offense or 5,157
administrative violation in the actual commission of which the 5,158
motor vehicle was used, and if the vehicle was not in the custody 5,159
and control of the owner at the time of its seizure, the vehicle 5,160
and its contents shall be released to its owner or the owner's 5,161
agent, provided that the court may require the proof and 5,162
affidavit described in the third preceding sentence as conditions 5,163
precedent to release. In cases in which the court may require 5,164
proof and affidavits as conditions precedent to release, the 5,165
court also may require the posting of a bond, with sufficient 5,166
sureties approved by the court, in an amount equal to the value 5,167
of the property to be released, as determined by the court, and 5,168
conditioned upon the return of the property to the court if it is 5,169
forfeited under this section, as a further condition to release. 5,170
128
If, at the end of the initial seventy-two-hour period or at the 5,171
end of any extended period granted under this section, the owner 5,172
has been charged with an offense or administrative violation that 5,173
includes the use of the vehicle as an element or has been charged 5,174
with another offense or administrative violation in the actual 5,175
commission of which the motor vehicle was used, or if the vehicle 5,176
was in the custody and control of the owner at the time of its 5,177
seizure, the vehicle and its contents shall be retained pending 5,178
disposition of the charge, provided that upon the filing of a 5,179
motion for release by the owner, if the court determines that the 5,180
motor vehicle or its contents, or both, are not needed as 5,181
evidence in the underlying criminal case or administrative 5,182
proceeding, the court may permit the release of the property that 5,183
is not needed as evidence to the owner; as a condition precedent 5,184
to a release of that nature, the court may require the owner to 5,185
execute a bond with the court. Any bond so required shall be in 5,186
an amount equal to the value of the property to be released, as 5,187
determined by the court, shall have sufficient sureties approved 5,188
by the court, and shall be conditioned upon the return of the 5,189
property to the court to which it is forfeited under this 5,190
section.
The final disposition of a motor vehicle seized pursuant to 5,192
division (A)(1) of this section shall be determined in accordance 5,193
with division (C) of this section. 5,194
(2) Pending a hearing pursuant to division (C) of this 5,196
section, and subject to divisions (B)(1) and (C) of this section, 5,197
any property lawfully seized pursuant to division (A) of this 5,198
section because it was contraband of a type described in division 5,199
(A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section 5,201
2901.01 of the Revised Code shall not be subject to replevin or 5,202
other action in any court and shall not be subject to release 5,203
upon request of the owner, and no judgment shall be enforced 5,204
against the property. Pending the hearing, and subject to 5,205
divisions (B)(1) and (C) of this section, the property shall be 5,206
129
kept in the custody of the law enforcement agency responsible for 5,207
its seizure. 5,208
Pending a hearing pursuant to division (C) of this section, 5,210
and notwithstanding any provisions of division (B)(1) or (C) of 5,211
this section to the contrary, any property lawfully seized 5,212
pursuant to division (A) of this section because it was 5,213
contraband of a type described in division (A)(13)(a) or (c) of 5,215
section 2901.01 of the Revised Code shall not be subject to 5,216
replevin or other action in any court and shall not be subject to 5,217
release upon request of the owner, and no judgment shall be
enforced against the property. Pending the hearing, and 5,218
notwithstanding any provisions of division (B)(1) or (C) of this 5,219
section to the contrary, the property shall be kept in the 5,220
custody of the law enforcement agency responsible for its 5,221
seizure. 5,222
A law enforcement agency that seizes property under 5,224
division (A) of this section because it was contraband of any 5,225
type described in division (A)(13) of section 2901.01 or division 5,227
(B) of section 2933.42 of the Revised Code shall maintain an
accurate record of each item of property so seized, which record 5,228
shall include the date on which each item was seized, the manner 5,229
and date of its disposition, and if applicable, the name of the 5,230
person who received the item; however, the record shall not 5,231
identify or enable the identification of the individual officer 5,232
who seized the item. The record of property of that nature that 5,233
no longer is needed as evidence shall be open to public 5,234
inspection during the agency's regular business hours. Each law 5,235
enforcement agency that, during any calendar year, seizes 5,236
property under division (A) of this section because it was 5,237
contraband shall prepare a report covering the calendar year that 5,238
cumulates all of the information contained in all of the records 5,239
kept by the agency pursuant to this division for that calendar 5,240
year, and shall send a copy of the cumulative report, no later 5,241
than the first day of March in the calendar year following the 5,242
130
calendar year covered by the report, to the attorney general. 5,243
Each report received by the attorney general is a public record 5,244
open for inspection under section 149.43 of the Revised Code. 5,245
Not later than the fifteenth day of April in the calendar year in 5,247
which the reports are received, the attorney general shall send 5,248
to the president of the senate and the speaker of the house of 5,249
representatives a written notification that does all of the 5,250
following: 5,251
(a) Indicates that the attorney general has received from 5,253
law enforcement agencies reports of the type described in this 5,255
division that cover the previous calendar year and indicates that 5,256
the reports were received under this division; 5,257
(b) Indicates that the reports are open for inspection 5,260
under section 149.43 of the Revised Code; 5,261
(c) Indicates that the attorney general will provide a 5,264
copy of any or all of the reports to the president of the senate 5,265
or the speaker of the house of representatives upon request. 5,266
(C) The prosecuting attorney, village solicitor, city 5,268
director of law, or similar chief legal officer who has 5,269
responsibility for the prosecution of the underlying criminal 5,270
case or administrative proceeding, or the attorney general if the 5,271
attorney general has that responsibility, shall file a petition 5,272
for the forfeiture, to the seizing law enforcement agency of the 5,273
contraband seized pursuant to division (A) of this section. The 5,274
petition shall be filed in the court that has jurisdiction over 5,275
the underlying criminal case or administrative proceeding 5,276
involved in the forfeiture. If the property was seized on the 5,277
basis of both a criminal violation and an administrative 5,278
regulation violation, the petition shall be filed by the officer 5,279
and in the court that is appropriate in relation to the criminal 5,280
case. 5,281
The petitioner shall conduct or cause to be conducted a 5,283
search of the appropriate public records that relate to the 5,284
seized property for the purpose of determining, and shall make or 5,285
131
cause to be made reasonably diligent inquiries for the purpose of 5,286
determining, any person having an ownership or security interest 5,287
in the property. The petitioner then shall give notice of the 5,288
forfeiture proceedings by personal service or by certified mail, 5,289
return receipt requested, to any persons known, because of the 5,290
conduct of the search, the making of the inquiries, or otherwise, 5,291
to have an ownership or security interest in the property, and 5,292
shall publish notice of the proceedings once each week for two 5,293
consecutive weeks in a newspaper of general circulation in the 5,294
county in which the seizure occurred. The notices shall be 5,295
personally served, mailed, and first published at least four 5,296
weeks before the hearing. They shall describe the property 5,297
seized; state the date and place of seizure; name the law 5,298
enforcement agency that seized the property and, if applicable, 5,299
that is holding the property; list the time, date, and place of 5,300
the hearing; and state that any person having an ownership or 5,301
security interest in the property may contest the forfeiture. 5,302
If the property seized was determined by the seizing law 5,304
enforcement officer to be contraband because of its relationship 5,305
to an underlying criminal offense or administrative violation, no 5,306
forfeiture hearing shall be held under this section unless the 5,307
person pleads guilty to or is convicted of the commission of, or 5,308
an attempt or conspiracy to commit, the offense or a different 5,309
offense arising out of the same facts and circumstances or unless 5,310
the person admits or is adjudicated to have committed the 5,311
administrative violation or a different violation arising out of 5,312
the same facts and circumstances; a forfeiture hearing shall be 5,313
held in a case of that nature no later than forty-five days after 5,314
the conviction or the admission or adjudication of the violation, 5,315
unless the time for the hearing is extended by the court for good 5,316
cause shown. The owner of any property seized because of its 5,317
relationship to an underlying criminal offense or administrative 5,318
violation may request the court to release the property to the 5,319
owner. Upon receipt of a request of that nature, if the court 5,320
132
determines that the property is not needed as evidence in the 5,321
underlying criminal case or administrative proceeding, the court 5,322
may permit the release of the property to the owner. As a 5,323
condition precedent to a release of that nature, the court may 5,324
require the owner to execute a bond with the court. Any bond so 5,325
required shall have sufficient sureties approved by the court, 5,326
shall be in a sum equal to the value of the property, as 5,327
determined by the court, and shall be conditioned upon the return 5,328
of the property to the court if the property is forfeited under 5,329
this section. Any property seized because of its relationship to 5,330
an underlying criminal offense or administrative violation shall 5,331
be returned to its owner if charges are not filed in relation to 5,332
that underlying offense or violation within thirty days after the 5,333
seizure, if charges of that nature are filed and subsequently are 5,334
dismissed, or if charges of that nature are filed and the person 5,335
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 5,336
violation.
If the property seized was determined by the seizing law 5,338
enforcement officer to be contraband other than because of a 5,339
relationship to an underlying criminal offense or administrative 5,340
violation, the forfeiture hearing under this section shall be 5,341
held no later than forty-five days after the seizure, unless the 5,342
time for the hearing is extended by the court for good cause 5,343
shown. 5,344
Where possible, a court holding a forfeiture hearing under 5,346
this section shall follow the Rules of Civil Procedure. When a 5,347
hearing is conducted under this section, property shall be 5,348
forfeited upon a showing, by a preponderance of the evidence, by 5,349
the petitioner that the person from which the property was seized 5,350
was in violation of division (A) of section 2933.42 of the 5,351
Revised Code. If that showing is made, the court shall issue an 5,352
order of forfeiture. If an order of forfeiture is issued in 5,353
relation to contraband that was released to the owner or the 5,354
133
owner's agent pursuant to this division or division (B)(1) of 5,355
this section, the order shall require the owner to deliver the 5,356
property, by a specified date, to the law enforcement agency that 5,357
employed the law enforcement officer who made the seizure of the 5,358
property, and the court shall deliver a copy of the order to the 5,359
owner or send a copy of it by certified mail, return receipt 5,360
requested, to the owner at the address to which notice of the 5,361
seizure was given under division (A)(2) of this section. Except 5,362
as otherwise provided in this division, all rights, interest, and 5,363
title to the forfeited contraband vests in the state, effective 5,364
from the date of seizure. 5,365
No property shall be forfeited pursuant to this division if 5,367
the owner of the property establishes, by a preponderance of the 5,368
evidence, that the owner neither knew, nor should have known 5,369
after a reasonable inquiry, that the property was used, or was 5,370
likely to be used, in a crime or administrative violation. No 5,371
bona fide security interest shall be forfeited pursuant to this 5,372
division if the holder of the interest establishes, by a 5,373
preponderance of the evidence, that the holder of the interest 5,374
neither knew, nor should have known after a reasonable inquiry, 5,376
that the property was used, or likely to be used, in a crime or 5,377
administrative violation, that the holder of the interest did not 5,378
expressly or impliedly consent to the use of the property in a 5,379
crime or administrative violation, and that the security interest 5,380
was perfected pursuant to law prior to the seizure. If the 5,381
holder of the interest satisfies the court that these 5,382
requirements are met, the interest shall be preserved by the 5,383
court. In a case of that nature, the court shall either order 5,384
that the agency to which the property is forfeited reimburse the 5,385
holder of the interest to the extent of the preserved interest or 5,386
order that the holder be paid for the interest from the proceeds 5,387
of any sale pursuant to division (D) of this section. 5,388
(D)(1) Contraband ordered forfeited pursuant to this 5,390
section shall be disposed of pursuant to divisions (D)(1) to (7) 5,391
134
of section 2933.41 of the Revised Code or, if the contraband is 5,392
not described in those divisions, may be used, with the approval 5,393
of the court, by the law enforcement agency that has custody of 5,394
the contraband pursuant to division (D)(8) of that section. In 5,395
the case of contraband not described in any of those divisions 5,396
and of contraband not disposed of pursuant to any of those 5,397
divisions, the contraband shall be sold in accordance with this 5,398
division or, in the case of forfeited moneys, disposed of in 5,399
accordance with this division. If the contraband is to be sold, 5,400
the prosecuting attorney shall cause a notice of the proposed 5,401
sale of the contraband to be given in accordance with law, and 5,402
the property shall be sold, without appraisal, at a public 5,403
auction to the highest bidder for cash. The proceeds of a sale 5,404
and forfeited moneys shall be applied in the following order: 5,405
(a) First, to the payment of the costs incurred in 5,407
connection with the seizure of, storage of, maintenance of, and 5,408
provision of security for the contraband, the forfeiture 5,409
proceeding, and, if any, the sale; 5,410
(b) Second, the remaining proceeds or forfeited moneys 5,412
after compliance with division (D)(1)(a) of this section, to the 5,413
payment of the balance due on any security interest preserved 5,414
pursuant to division (C) of this section; 5,415
(c) Third, the remaining proceeds or forfeited moneys 5,417
after compliance with divisions (D)(1)(a) and (b) of this 5,418
section, as follows: 5,419
(i) If the forfeiture was ordered in a juvenile court, ten 5,421
per cent to one or more alcohol and drug addiction treatment 5,422
programs that are certified by the department of alcohol and drug 5,423
addiction services under section 3793.06 of the Revised Code and 5,424
that are specified in the order of forfeiture. A juvenile court 5,426
shall not certify an alcohol or drug addiction treatment program 5,427
in the order of forfeiture unless the program is a certified
alcohol and drug addiction treatment program and, except as 5,428
provided in division (D)(1)(c)(i) of this section, unless the 5,429
135
program is located in the county in which the court that orders 5,430
the forfeiture is located or in a contiguous county. If no 5,431
certified alcohol and drug addiction treatment program is located 5,432
in any of those counties, the juvenile court may specify in the 5,433
order a certified alcohol and drug addiction treatment program
located anywhere within this state. 5,434
(ii) If the forfeiture was ordered in a juvenile court, 5,436
ninety per cent, and if the forfeiture was ordered in a court 5,437
other than a juvenile court, one hundred per cent to the law 5,438
enforcement trust fund of the prosecuting attorney and to the law 5,440
enforcement trust fund of the county sheriff if the county 5,441
sheriff made the seizure, to the law enforcement trust fund of a 5,442
municipal corporation if its police department made the seizure, 5,443
to the law enforcement trust fund of a township if the seizure 5,444
was made by a township police department, township police 5,445
district police force, or office of a township constable, to the 5,446
law enforcement trust fund of a park district created pursuant to 5,447
section 511.18 or 1545.01 of the Revised Code if the seizure was 5,448
made by the park district police force or law enforcement 5,449
department, to the state highway patrol contraband, forfeiture, 5,450
and other fund if the state highway patrol made the seizure, to 5,451
the liquor enforcement contraband, forfeiture, and other fund if 5,452
the liquor enforcement unit of the department of public safety 5,453
made the seizure, to the food stamp contraband, forfeiture, and 5,454
other fund if the food stamp trafficking unit of the department 5,456
of public safety made the seizure, to the board of pharmacy drug 5,457
law enforcement fund created by division (B)(1) of section 5,458
4729.65 of the Revised Code if the board made the seizure, or to 5,459
the treasurer of state for deposit into the peace officer 5,460
training commission fund if a state law enforcement agency, other 5,462
than the state highway patrol, the department of public safety, 5,463
or the state board of pharmacy, made the seizure. The 5,464
prosecuting attorney may decline to accept any of the remaining 5,465
proceeds or forfeited moneys, and, if the prosecuting attorney so 5,466
136
declines, the remaining proceeds or forfeited moneys shall be 5,467
applied to the fund described in this division that relates to 5,468
the law enforcement agency that made the seizure. 5,469
A law enforcement trust fund shall be established by the 5,471
prosecuting attorney of each county who intends to receive any 5,472
remaining proceeds or forfeited moneys pursuant to this division, 5,473
by the sheriff of each county, by the legislative authority of 5,474
each municipal corporation, by the board of township trustees of 5,475
each township that has a township police department, township 5,476
police district police force, or office of the constable, and by 5,477
the board of park commissioners of each park district created 5,478
pursuant to section 511.18 or 1545.01 of the Revised Code that 5,479
has a park district police force or law enforcement department, 5,480
for the purposes of this division. There is hereby created in 5,481
the state treasury the state highway patrol contraband, 5,482
forfeiture, and other fund, the liquor enforcement contraband, 5,483
forfeiture, and other fund, the food stamp contraband, 5,484
forfeiture, and other fund, and the peace officer training 5,485
commission fund, for the purposes described in this division. 5,487
Proceeds or forfeited moneys distributed to any municipal 5,489
corporation, township, or park district law enforcement trust 5,490
fund shall be allocated from the fund by the legislative 5,491
authority only to the police department of the municipal 5,492
corporation, by the board of township trustees only to the 5,493
township police department, township police district police 5,494
force, or office of the constable, and by the board of park 5,495
commissioners only to the park district police force or law 5,496
enforcement department. 5,497
Additionally, no proceeds or forfeited moneys shall be 5,499
allocated to or used by the state highway patrol, the food stamp 5,500
trafficking unit or liquor enforcement unit of the department of 5,502
public safety, the state board of pharmacy, or a county sheriff, 5,503
prosecuting attorney, municipal corporation police department, 5,504
township police department, township police district police 5,505
137
force, office of the constable, or park district police force or 5,506
law enforcement department unless the state highway patrol, 5,507
department of public safety, state board of pharmacy, sheriff, 5,508
prosecuting attorney, municipal corporation police department, 5,509
township police department, township police district police 5,510
force, office of the constable, or park district police force or 5,511
law enforcement department has adopted a written internal control 5,512
policy under division (D)(3) of this section that addresses the 5,513
use of moneys received from the state highway patrol contraband, 5,514
forfeiture, and other fund, the liquor enforcement contraband, 5,515
forfeiture, and other fund, the food stamp contraband,
forfeiture, and other fund, the board of pharmacy drug law 5,516
enforcement fund, or the appropriate law enforcement trust fund. 5,517
The state highway patrol contraband, forfeiture, and other fund, 5,518
the liquor enforcement contraband, forfeiture, and other fund, 5,519
the food stamp contraband, forfeiture, and other fund, and a law 5,520
enforcement trust fund shall be expended only in accordance with 5,521
the written internal control policy so adopted by the recipient, 5,522
and, subject to the requirements specified in division 5,523
(D)(3)(a)(ii) of this section, only to pay the costs of 5,524
protracted or complex investigations or prosecutions, to provide 5,525
reasonable technical training or expertise, to provide matching 5,526
funds to obtain federal grants to aid law enforcement, in the 5,527
support of DARE programs or other programs designed to educate 5,528
adults or children with respect to the dangers associated with 5,529
the use of drugs of abuse, or for other law enforcement purposes 5,531
that the superintendent of the state highway patrol, department 5,532
of public safety, prosecuting attorney, county sheriff, 5,533
legislative authority, board of township trustees, or board of 5,534
park commissioners determines to be appropriate. The board of 5,535
pharmacy drug law enforcement fund shall be expended only in 5,536
accordance with the written internal control policy so adopted by 5,537
the board and only in accordance with section 4729.65 of the 5,538
Revised Code. The state highway patrol contraband, forfeiture, 5,539
138
and other fund, the liquor enforcement contraband, seizure, and
other fund, the food stamp contraband, forfeiture, and other 5,540
fund, the board of pharmacy drug law enforcement fund, and a law 5,542
enforcement trust fund shall not be used to meet the operating 5,543
costs of the state highway patrol, of the food stamp trafficking 5,544
unit or liquor enforcement unit of the department of public 5,545
safety, of the state board of pharmacy, of any political 5,546
subdivision, or of any office of a prosecuting attorney or county 5,547
sheriff that are unrelated to law enforcement.
Proceeds and forfeited moneys that are paid into the state 5,549
treasury to be deposited into the peace officer training 5,550
commission fund shall be used by the commission only to pay the 5,552
costs of peace officer training. 5,553
Any sheriff or prosecuting attorney who receives proceeds 5,555
or forfeited moneys pursuant to this division during any calendar 5,556
year shall file a report with the county auditor, no later than 5,557
the thirty-first day of January of the next calendar year, 5,558
verifying that the proceeds and forfeited moneys were expended 5,559
only for the purposes authorized by this division and division 5,560
(D)(3)(a)(ii) of this section and specifying the amounts expended 5,561
for each authorized purpose. Any municipal corporation police 5,562
department that is allocated proceeds or forfeited moneys from a 5,563
municipal corporation law enforcement trust fund pursuant to this 5,564
division during any calendar year shall file a report with the 5,565
legislative authority of the municipal corporation, no later than 5,566
the thirty-first day of January of the next calendar year, 5,567
verifying that the proceeds and forfeited moneys were expended 5,568
only for the purposes authorized by this division and division 5,569
(D)(3)(a)(ii) of this section and specifying the amounts expended 5,570
for each authorized purpose. Any township police department, 5,571
township police district police force, or office of the constable 5,572
that is allocated proceeds or forfeited moneys from a township 5,573
law enforcement trust fund pursuant to this division during any 5,574
calendar year shall file a report with the board of township 5,575
139
trustees of the township, no later than the thirty-first day of 5,576
January of the next calendar year, verifying that the proceeds 5,577
and forfeited moneys were expended only for the purposes 5,578
authorized by this division and division (D)(3)(a)(ii) of this 5,579
section and specifying the amounts expended for each authorized 5,580
purpose. Any park district police force or law enforcement 5,581
department that is allocated proceeds or forfeited moneys from a 5,582
park district law enforcement trust fund pursuant to this 5,583
division during any calendar year shall file a report with the 5,584
board of park commissioners of the park district, no later than 5,585
the thirty-first day of January of the next calendar year, 5,586
verifying that the proceeds and forfeited moneys were expended 5,587
only for the purposes authorized by this division and division 5,588
(D)(3)(a)(ii) of this section and specifying the amounts expended 5,589
for each authorized purpose. The superintendent of the state 5,590
highway patrol shall file a report with the attorney general, no 5,591
later than the thirty-first day of January of each calendar year, 5,592
verifying that proceeds and forfeited moneys paid into the state 5,593
highway patrol contraband, forfeiture, and other fund pursuant to 5,594
this division during the prior calendar year were used by the 5,595
state highway patrol during the prior calendar year only for the 5,596
purposes authorized by this division and specifying the amounts 5,597
expended for each authorized purpose. The executive director of 5,598
the state board of pharmacy shall file a report with the attorney 5,599
general, no later than the thirty-first day of January of each 5,600
calendar year, verifying that proceeds and forfeited moneys paid 5,601
into the board of pharmacy drug law enforcement fund during the 5,602
prior calendar year were used only in accordance with section 5,603
4729.65 of the Revised Code and specifying the amounts expended 5,604
for each authorized purpose. The peace officer training 5,605
commission shall file a report with the attorney general, no 5,606
later than the thirty-first day of January of each calendar year, 5,608
verifying that proceeds and forfeited moneys paid into the peace 5,609
officer training commission fund pursuant to this division during 5,611
140
the prior calendar year were used by the commission during the 5,612
prior calendar year only to pay the costs of peace officer 5,614
training and specifying the amount used for that purpose. 5,615
(2) If more than one law enforcement agency is 5,617
substantially involved in the seizure of contraband that is 5,618
forfeited pursuant to this section, the court ordering the 5,619
forfeiture shall equitably divide the proceeds or forfeited 5,620
moneys, after calculating any distribution to the law enforcement 5,621
trust fund of the prosecuting attorney pursuant to division 5,622
(D)(1)(c) of this section, among any county sheriff whose office 5,623
is determined by the court to be substantially involved in the 5,624
seizure, any legislative authority of a municipal corporation 5,625
whose police department is determined by the court to be 5,626
substantially involved in the seizure, any board of township 5,627
trustees whose law enforcement agency is determined by the court 5,628
to be substantially involved in the seizure, any board of park 5,629
commissioners of a park district whose police force or law 5,630
enforcement department is determined by the court to be 5,631
substantially involved in the seizure, the state board of 5,632
pharmacy if it is determined by the court to be substantially 5,633
involved in the seizure, the food stamp trafficking unit or 5,634
liquor enforcement unit of the department of public safety if it 5,635
is determined by the court to be substantially involved in the 5,636
seizure, and the state highway patrol if it is determined by the 5,637
court to be substantially involved in the seizure. The proceeds 5,638
or forfeited moneys shall be deposited in the respective law 5,639
enforcement trust funds of the county sheriff, municipal 5,640
corporation, township, and park district, the board of pharmacy 5,641
drug law enforcement fund, the liquor enforcement contraband, 5,643
forfeiture, and other fund, the food stamp contraband, 5,644
forfeiture, and other fund, or the state highway patrol 5,645
contraband, forfeiture, and other fund, in accordance with 5,646
division (D)(1)(c) of this section. If a state law enforcement 5,647
agency, other than the state highway patrol, the food stamp 5,648
141
trafficking unit or liquor enforcement unit of the department of 5,649
public safety, or the state board of pharmacy, is determined by 5,650
the court to be substantially involved in the seizure, the state 5,651
agency's equitable share of the proceeds and forfeited moneys 5,652
shall be paid to the treasurer of state for deposit into the 5,653
peace officer training commission fund. 5,654
(3)(a)(i) Prior to being allocated or using any proceeds 5,656
or forfeited moneys out of the state highway patrol contraband, 5,657
forfeiture, and other fund, the liquor enforcement contraband, 5,658
forfeiture, and other fund, the food stamp contraband, seizure, 5,659
and other fund, the board of pharmacy drug law enforcement fund, 5,661
or a law enforcement trust fund under division (D)(1)(c) of this 5,662
section, the state highway patrol, the department of public
safety, the state board of pharmacy, and a county sheriff, 5,663
prosecuting attorney, municipal corporation police department, 5,664
township police department, township police district police 5,665
force, office of the constable, or park district police force or 5,666
law enforcement department shall adopt a written internal control 5,667
policy that addresses the state highway patrol's, department of 5,668
public safety's, state board of pharmacy's, sheriff's, 5,669
prosecuting attorney's, police department's, police force's, 5,670
office of the constable's, or law enforcement department's use 5,671
and disposition of all the proceeds and forfeited moneys received 5,672
and that provides for the keeping of detailed financial records 5,673
of the receipts of the proceeds and forfeited moneys, the general 5,674
types of expenditures made out of the proceeds and forfeited 5,675
moneys, the specific amount of each general type of expenditure, 5,676
and the amounts, portions, and programs described in division 5,677
(D)(3)(a)(ii) of this section. The policy shall not provide for 5,678
or permit the identification of any specific expenditure that is 5,679
made in an ongoing investigation. 5,680
All financial records of the receipts of the proceeds and 5,682
forfeited moneys, the general types of expenditures made out of 5,683
the proceeds and forfeited moneys, the specific amount of each 5,684
142
general type of expenditure by the state highway patrol, by the 5,685
department of public safety, by the state board of pharmacy, and 5,686
by a sheriff, prosecuting attorney, municipal corporation police 5,687
department, township police department, township police district 5,688
police force, office of the constable, or park district police 5,689
force or law enforcement department, and the amounts, portions, 5,690
and programs described in division (D)(3)(a)(ii) of this section 5,691
are public records open for inspection under section 149.43 of 5,692
the Revised Code. Additionally, a written internal control 5,693
policy adopted under this division is a public record of that 5,694
nature, and the state highway patrol, the department of public 5,695
safety, the state board of pharmacy, or the sheriff, prosecuting 5,696
attorney, municipal corporation police department, township 5,697
police department, township police district police force, office 5,698
of the constable, or park district police force or law 5,699
enforcement department that adopted it shall comply with it. 5,700
(ii) The written internal control policy of a county 5,702
sheriff, prosecuting attorney, municipal corporation police 5,703
department, township police department, township police district 5,704
police force, office of the constable, or park district police 5,705
force or law enforcement department shall provide that at least 5,706
ten per cent of the first one hundred thousand dollars of 5,707
proceeds and forfeited moneys deposited during each calendar year 5,708
in the sheriff's, prosecuting attorney's, municipal 5,709
corporation's, township's, or park district's law enforcement 5,710
trust fund pursuant to division (B)(7)(c)(ii) OF SECTION 2923.46 5,711
OR DIVISION (B)(8)(c)(ii) of section 2925.44 of the Revised Code, 5,713
and at least twenty per cent of the proceeds and forfeited moneys 5,714
exceeding one hundred thousand dollars that are so deposited, 5,715
shall be used in connection with community preventive education 5,716
programs. The manner in which the described percentages are so 5,717
used shall be determined by the sheriff, prosecuting attorney, 5,718
department, police force, or office of the constable after the 5,719
receipt and consideration of advice on appropriate community 5,720
143
preventive education programs from the county's board of alcohol, 5,721
drug addiction, and mental health services, from the county's 5,722
alcohol and drug addiction services board, or through appropriate 5,723
community dialogue. The financial records described in division 5,724
(D)(3)(a)(i) of this section shall specify the amount of the 5,725
proceeds and forfeited moneys deposited during each calendar year 5,726
in the sheriff's, prosecuting attorney's, municipal 5,727
corporation's, township's, or park district's law enforcement 5,728
trust fund pursuant to division (B)(7)(c)(ii) OF SECTION 2923.46 5,729
OR DIVISION (B)(8)(c)(ii) of section 2925.44 of the Revised Code, 5,731
the portion of that amount that was used pursuant to the 5,732
requirements of this division, and the community preventive 5,733
education programs in connection with which the portion of that 5,734
amount was so used.
As used in this division, "community preventive education 5,736
programs" includes, but is not limited to, DARE programs and 5,737
other programs designed to educate adults or children with 5,738
respect to the dangers associated with the use of drugs of abuse. 5,739
(b) Each sheriff, prosecuting attorney, municipal 5,741
corporation police department, township police department, 5,742
township police district police force, office of the constable, 5,743
or park district police force or law enforcement department that 5,744
receives in any calendar year any proceeds or forfeited moneys 5,745
out of a law enforcement trust fund under division (D)(1)(c) of 5,746
this section or uses any proceeds or forfeited moneys in its law 5,747
enforcement trust fund in any calendar year shall prepare a 5,748
report covering the calendar year that cumulates all of the 5,749
information contained in all of the public financial records kept 5,750
by the sheriff, prosecuting attorney, municipal corporation 5,751
police department, township police department, township police 5,752
district police force, office of the constable, or park district 5,753
police force or law enforcement department pursuant to division 5,754
(D)(3)(a) of this section for that calendar year, and shall send 5,755
a copy of the cumulative report, no later than the first day of 5,756
144
March in the calendar year following the calendar year covered by 5,757
the report, to the attorney general. 5,758
The superintendent of the state highway patrol shall 5,760
prepare a report covering each calendar year in which the state 5,761
highway patrol uses any proceeds or forfeited moneys in the state 5,762
highway patrol contraband, forfeiture, and other fund under 5,763
division (D)(1)(c) of this section, that cumulates all of the 5,764
information contained in all of the public financial records kept 5,765
by the state highway patrol pursuant to division (D)(3)(a) of 5,766
this section for that calendar year, and shall send a copy of the 5,767
cumulative report, no later than the first day of March in the 5,768
calendar year following the calendar year covered by the report, 5,769
to the attorney general. 5,770
The department of public safety shall prepare a report 5,772
covering each fiscal year in which the department uses any 5,773
proceeds or forfeited moneys in the liquor enforcement 5,774
contraband, seizure, and other fund and the food stamp 5,775
contraband, forfeiture, and other fund under division (D)(1)(c) 5,776
of this section that cumulates all of the information contained 5,777
in all of the public financial records kept by the department 5,778
pursuant to division (D)(3)(a) of this section for that fiscal 5,779
year. The department shall send a copy of the cumulative report 5,780
to the attorney general no later than the first day of August in 5,781
the fiscal year following the fiscal year covered by the report. 5,782
The director of public safety shall include in the report a 5,783
verification that proceeds and forfeited moneys paid into the 5,784
liquor enforcement contraband, seizure, and other fund and the 5,786
food stamp contraband, forfeiture, and other fund under division 5,788
(D)(1)(c) of this section during the preceding fiscal year were 5,789
used by the department during that fiscal year only for the 5,790
purposes authorized by that division and shall specify the amount 5,791
used for each authorized purpose.
The executive director of the state board of pharmacy shall 5,793
prepare a report covering each calendar year in which the board 5,794
145
uses any proceeds or forfeited moneys in the board of pharmacy 5,795
drug law enforcement fund under division (D)(1)(c) of this 5,796
section, that cumulates all of the information contained in all 5,797
of the public financial records kept by the board pursuant to 5,798
division (D)(3)(a) of this section for that calendar year, and 5,799
shall send a copy of the cumulative report, no later than the 5,800
first day of March in the calendar year following the calendar 5,801
year covered by the report, to the attorney general. Each report 5,802
received by the attorney general is a public record open for 5,803
inspection under section 149.43 of the Revised Code. Not later 5,804
than the fifteenth day of April in the calendar year in which the 5,806
reports are received, the attorney general shall send to the 5,807
president of the senate and the speaker of the house of 5,808
representatives a written notification that does all of the 5,809
following: 5,810
(i) Indicates that the attorney general has received from 5,812
entities or persons specified in this division reports of the 5,814
type described in this division that cover the previous calendar 5,815
year and indicates that the reports were received under this
division; 5,816
(ii) Indicates that the reports are open for inspection 5,819
under section 149.43 of the Revised Code; 5,820
(iii) Indicates that the attorney general will provide a 5,823
copy of any or all of the reports to the president of the senate 5,824
or the speaker of the house of representatives upon request. 5,825
(4)(a) A law enforcement agency that receives pursuant to 5,827
federal law proceeds from a sale of forfeited contraband, 5,828
proceeds from another disposition of forfeited contraband, or 5,829
forfeited contraband moneys shall deposit, use, and account for 5,830
the proceeds or forfeited moneys in accordance with, and 5,831
otherwise comply with, the applicable federal law. 5,832
(b) If the state highway patrol receives pursuant to 5,834
federal law proceeds from a sale of forfeited contraband, 5,835
proceeds from another disposition of forfeited contraband, or 5,836
146
forfeited contraband moneys, the appropriate governmental 5,837
officials shall deposit into the state highway patrol contraband,
forfeiture, and other fund all interest or other earnings derived 5,838
from the investment of the proceeds or forfeited moneys. The 5,839
state highway patrol shall use and account for that interest or 5,840
other earnings in accordance with the applicable federal law. 5,841
(c) If the liquor enforcement unit of the department of 5,843
public safety receives pursuant to federal law proceeds from a 5,844
sale of forfeited contraband, proceeds from another disposition 5,845
of forfeited contraband, or forfeited contraband moneys, the 5,846
appropriate governmental officials shall deposit into the liquor 5,847
enforcement contraband, forfeiture, and other fund all interest 5,848
or other earnings derived from the investment of the proceeds or 5,849
forfeited moneys. The department shall use and account for that 5,850
interest or other earnings in accordance with the applicable 5,851
federal law. 5,852
(d) If the food stamp fraud unit of the department of 5,855
public safety receives pursuant to federal law proceeds from a 5,856
sale of forfeited contraband, proceeds from another disposition 5,857
of forfeited contraband, or forfeited contraband moneys, the 5,858
appropriate governmental officials shall deposit into the food 5,859
stamp contraband, forfeiture, and other fund all interest or 5,860
other earnings derived from the investment of the proceeds or 5,861
forfeited moneys. The department shall use and account for that 5,862
interest or other earnings in accordance with the applicable 5,863
federal law.
(e) Divisions (D)(1) to (3) of this section do not apply 5,865
to proceeds or forfeited moneys received pursuant to federal law 5,866
or to the interest or other earnings that are derived from the 5,867
investment of proceeds or forfeited moneys received pursuant to 5,868
federal law and that are described in division (D)(4)(b) of this 5,869
section.
(E) Upon the sale pursuant to this section of any property 5,871
that is required to be titled or registered under law, the state 5,872
147
shall issue an appropriate certificate of title or registration 5,873
to the purchaser. If the state is vested with title pursuant to 5,874
division (C) of this section and elects to retain property that 5,875
is required to be titled or registered under law, the state shall 5,876
issue an appropriate certificate of title or registration. 5,877
(F) Notwithstanding any provisions of this section to the 5,879
contrary, any property that is lawfully seized in relation to a 5,880
violation of section 2923.32 of the Revised Code shall be subject 5,881
to forfeiture and disposition in accordance with sections 2923.32 5,882
to 2923.36 of the Revised Code,; ANY PROPERTY THAT IS FORFEITED 5,883
PURSUANT TO SECTION 2923.44 OR 2923.45 OF THE REVISED CODE IN 5,884
RELATION TO A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR 5,885
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 5,886
AND DISPOSITION IN ACCORDANCE WITH SECTIONS 2923.44 TO 2923.47 OF 5,887
THE REVISED CODE; and any property that is forfeited pursuant to 5,889
section 2925.42 or 2925.43 of the Revised Code in relation to a 5,890
felony drug abuse offense, as defined in section 2925.01 of the 5,891
Revised Code, or in relation to an act that, if committed by an 5,892
adult, would be a felony drug abuse offense of that nature, may 5,893
be subject to forfeiture and disposition in accordance with 5,894
sections 2925.41 to 2925.45 of the Revised Code or this section. 5,895
(G) Any failure of a law enforcement officer or agency, a 5,897
prosecuting attorney, village solicitor, city director of law, or 5,898
similar chief legal officer, a court, or the attorney general to 5,899
comply with any duty imposed by this section in relation to any 5,900
property seized or with any other provision of this section in 5,901
relation to any property seized does not affect the validity of 5,902
the seizure of the property, provided the seizure itself was made 5,903
in accordance with law, and is not and shall not be considered to 5,904
be the basis for the suppression of any evidence resulting from 5,905
the seizure of the property, provided the seizure itself was made 5,906
in accordance with law. 5,907
(H) Contraband that has been forfeited pursuant to 5,909
148
division (C) of this section shall not be available for use to 5,910
pay any fine imposed upon a person who is convicted of or pleads 5,911
guilty to an underlying criminal offense or a different offense 5,912
arising out of the same facts and circumstances. 5,913
Sec. 2933.44. (A) As used in this section, 5,922
"juvenile-related forfeiture order" means any order of forfeiture 5,924
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 5,926
order of disposition of property issued by a court under section 5,927
2933.41 of the Revised Code regarding property that was in the 5,928
possession of a law enforcement agency in relation to a 5,929
delinquent child proceeding in a juvenile court. 5,930
(B) Each certified alcohol and drug addiction treatment 5,933
program that receives in any calendar year money under division 5,934
(D)(1)(a) of section 2923.35, DIVISION (B)(7)(c)(i) OF SECTION 5,935
2923.46, division (B)(8)(c)(i) of section 2925.44, division 5,937
(E)(1)(a) of section 2933.41, or division (D)(1)(c)(i) of section 5,938
2933.43 of the Revised Code subsequent to the issuance of any 5,939
juvenile-related forfeiture order shall file an annual report for 5,940
that calendar year with the attorney general and with the court 5,941
of common pleas and board of county commissioners of the county 5,942
in which the program is located and of any other county from 5,943
which the program received money under any of those divisions 5,944
subsequent to the issuance of the juvenile-related forfeiture 5,945
order. The program shall file the report on or before the first 5,946
day of March in the calendar year following the calendar year in 5,947
which the program received the money. The report shall include 5,948
statistics on the number of persons the program served, identify 5,949
the types of treatment services it provided to those persons, and 5,950
include a specific accounting of the purposes for which it used 5,951
the money so received. No information contained in the report 5,952
shall identify, or enable a person to determine the identity of, 5,953
any person served by the program. 5,954
Sec. 2941.142. (A) IMPOSITION OF A MANDATORY PRISON TERM 5,956
149
OF ONE, TWO, OR THREE YEARS PURSUANT TO DIVISION (I) OF SECTION 5,958
2929.14 OF THE REVISED CODE UPON AN OFFENDER WHO COMMITTED A 5,961
FELONY THAT IS AN OFFENSE OF VIOLENCE WHILE PARTICIPATING IN A 5,963
CRIMINAL GANG IS PRECLUDED UNLESS THE INDICTMENT, COUNT IN THE 5,964
INDICTMENT, OR INFORMATION CHARGING THE FELONY SPECIFIES THAT THE 5,965
OFFENDER COMMITTED THE FELONY THAT IS AN OFFENSE OF VIOLENCE 5,966
WHILE PARTICIPATING IN A CRIMINAL GANG. THE SPECIFICATION SHALL 5,968
BE STATED AT THE END OF THE BODY OF THE INDICTMENT, COUNT, OR 5,969
INFORMATION, AND SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM: 5,970
"SPECIFICATION (OR, SPECIFICATION TO THE FIRST COUNT). THE 5,973
GRAND JURORS (OR INSERT THE PERSON'S OR THE PROSECUTING
ATTORNEY'S NAME WHEN APPROPRIATE) FURTHER FIND AND SPECIFY THAT 5,975
(SET FORTH THAT THE OFFENDER COMMITTED THE FELONY THAT IS AN 5,976
OFFENSE OF VIOLENCE WHILE PARTICIPATING IN A CRIMINAL GANG.)" 5,978
(B) AS USED IN THIS SECTION, "CRIMINAL GANG" HAS THE SAME 5,981
MEANING AS IN SECTION 2923.41 OF THE REVISED CODE. 5,982
Sec. 3719.11. All controlled substances, the lawful 5,991
possession of which is not established or the title to which 5,992
cannot be ascertained, which THAT have come into the custody of a 5,994
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 5,995
Code, and, unless any such section provides for a different 5,997
manner of disposition, shall be disposed of as follows: 5,998
(A) The court or magistrate having jurisdiction shall 6,000
order the controlled substances forfeited and destroyed. The 6,001
agency served by the peace officer who obtained or took custody 6,002
of the controlled substances may destroy them or may send them to 6,003
the bureau of criminal identification and investigation for 6,004
destruction by it. A record of the place where the controlled 6,005
substances were seized, of the kinds and quantities of controlled 6,006
substances so destroyed, and of the time, place, and manner of 6,007
destruction, shall be kept, and a return under oath, reporting 6,008
the destruction, shall be made by the officer who destroys them 6,009
to the court or magistrate and to the United States director, 6,010
150
bureau of narcotics and dangerous drugs. 6,011
(B) Upon written application by the department of health, 6,013
the court or magistrate that ordered the forfeiture of the 6,014
controlled substances may order the delivery of any of them, 6,015
except heroin and its salts and derivatives, to the department 6,016
for distribution or destruction as provided in this section. 6,017
(C) Upon application by any hospital within this state 6,019
that is not operated for private gain, the department of health 6,020
may deliver any controlled substances that have come into its 6,021
custody pursuant to this section to the applicant for medicinal 6,022
use. The department may deliver excess stocks of the controlled 6,023
substances to the United States director, bureau of narcotics and 6,024
dangerous drugs, or may destroy the excess stocks. 6,025
(D) The department of health shall keep a complete record 6,027
of all controlled substances received pursuant to this section 6,028
and of all controlled substances disposed of pursuant to this 6,029
section, showing all of the following: 6,030
(1) The exact kinds, quantities, and forms of the 6,032
controlled substances; 6,033
(2) The persons from whom they were received and to whom 6,035
they were delivered; 6,036
(3) By whose authority they were received, delivered, or 6,038
destroyed; 6,039
(4) The dates of their receipt, delivery, or destruction. 6,041
(E) The record required by this section shall be open to 6,043
inspection by all federal and state officers charged with the 6,044
enforcement of federal and state narcotic and drug abuse control 6,045
laws. 6,046
Sec. 3719.21. Except as provided in DIVISION (C) OF 6,055
SECTION 2923.42, DIVISION (B)(5) OF SECTION 2923.44, divisions 6,056
(D)(1), (F), and (H) of section 2925.03, division (D)(1) of 6,057
section 2925.02, 2925.04, or 2925.05, division (E)(1) of section 6,058
2925.11, division (F) of section 2925.13 or 2925.36, division (D) 6,060
of section 2925.22, division (H) of section 2925.23, division (M)
151
of section 2925.37, division (B)(5) of section 2925.42, division 6,061
(B) of section 2929.18, division (D) of section 3719.99, division 6,063
(B)(1) of section 4729.65, and division (E)(3) of section 4729.99 6,064
of the Revised Code, the clerk of the court shall pay all fines 6,065
or forfeited bail assessed and collected under prosecutions or 6,066
prosecutions commenced for violations of this chapter, SECTION 6,067
2923.42 OF THE REVISED CODE, or Chapter 2925. of the Revised
Code, within thirty days, to the executive director of the state 6,068
board of pharmacy, and the executive director shall deposit the 6,069
fines into the state treasury to the credit of the occupational 6,070
licensing and regulatory fund.
Sec. 3767.02. (A) Any person, who uses, occupies, 6,079
establishes, or conducts a nuisance, or aids or abets therein, 6,080
and IN THE USE, OCCUPANCY, ESTABLISHMENT, OR CONDUCT OF A 6,081
NUISANCE; the owner, agent, or lessee of any AN interest in any 6,082
such nuisance together with the persons; ANY PERSON WHO IS 6,084
employed in or in control of any such THAT nuisance by any such 6,085
THAT owner, agent, or lessee; AND ANY PERSON WHO IS IN CONTROL OF 6,086
THAT NUISANCE is guilty of maintaining a nuisance and shall be 6,088
enjoined as provided in sections 3767.03 to 3767.06, inclusive, 6,089
3767.11 of the Revised Code.
(B) A CRIMINAL GANG THAT USES OR OCCUPIES ANY BUILDING, 6,091
PREMISES, OR REAL ESTATE, INCLUDING VACANT LAND, ON MORE THAN TWO 6,092
OCCASIONS WITHIN A ONE-YEAR PERIOD TO ENGAGE IN A PATTERN OF 6,093
CRIMINAL GANG ACTIVITY IS GUILTY OF MAINTAINING A NUISANCE AND 6,094
SHALL BE ENJOINED AS PROVIDED IN SECTIONS 3767.03 TO 3767.11 OF 6,095
THE REVISED CODE. AS USED IN THIS DIVISION, "CRIMINAL GANG" AND 6,096
"PATTERN OF CRIMINAL GANG ACTIVITY" HAVE THE SAME MEANINGS AS IN 6,097
SECTION 2923.41 OF THE REVISED CODE.
Sec. 4729.65. (A) Except as provided in division (B) of 6,106
this section, all receipts of the state board of pharmacy, from 6,107
any source, shall be deposited into the state treasury to the 6,108
credit of the occupational licensing and regulatory fund. All 6,109
vouchers of the board shall be approved by the president or 6,110
152
executive director of the board, or both, as authorized by the 6,111
board. All initial issuance fees and renewal fees required by 6,112
sections 4729.01 to 4729.54 of the Revised Code shall be payable 6,113
by the applicant at the time of making application. 6,114
(B)(1) There is hereby created in the state treasury the 6,117
board of pharmacy drug law enforcement fund. All moneys that are 6,118
derived from any FINES, mandatory fines, or forfeited bail to 6,119
which the board may be entitled under Chapter 2925., DIVISION 6,121
(C)(1) OF SECTION 2923.42, or division (B)(5) of section 2925.42 6,123
of the Revised Code and all moneys that are derived from 6,124
forfeitures of property to which the board may be entitled 6,125
pursuant to Chapter 2925. of the Revised Code, section 2923.32, 6,126
2923.35, 2923.44, 2923.45, 2923.46, or 2933.43 of the Revised 6,127
Code, any other section of the Revised Code, or federal law shall 6,128
be deposited into the fund. Subject to division (B)(2) of this 6,129
section, division (D)(2)(c) of section 2923.35, DIVISION (B)(5) 6,130
OF SECTION 2923.44, DIVISION (B)(7)(c) OF SECTION 2923.46, and 6,133
divisions (D)(1)(c) and (3) of section 2933.43 of the Revised 6,135
Code, the moneys in the fund shall be used solely to subsidize 6,136
the drug law enforcement efforts of the board. 6,137
(2) Notwithstanding any contrary provision in the Revised 6,139
Code, moneys that are derived from forfeitures of property 6,140
pursuant to federal law and that are deposited into the board of 6,141
pharmacy drug law enforcement fund in accordance with division 6,142
(B)(1) of this section shall be used and accounted for in 6,143
accordance with the applicable federal law, and the board 6,144
otherwise shall comply with that law in connection with the 6,145
moneys. 6,146
(C) All fines and forfeited bonds assessed and collected 6,148
under prosecution or prosecution commenced in the enforcement of 6,149
this chapter shall be paid to the executive director of the board 6,150
within thirty days and by the executive director paid into the 6,152
state treasury to the credit of the occupational licensing and
regulatory fund. The board, subject to the approval of the 6,153
153
controlling board and except for fees required to be established 6,154
by the board at amounts "adequate" to cover designated expenses, 6,155
may establish fees in excess of the amounts provided by this 6,156
chapter, provided that such fees do not exceed the amounts 6,157
permitted by this chapter by more than fifty per cent.
Section 2. That existing sections 109.57, 109.60, 109.61, 6,160
109.83, 177.01, 177.02, 177.03, 2151.18, 2151.313, 2151.355, 6,162
2151.356, 2929.14, 2933.41, 2933.43, 2933.44, 3719.11, 3719.21,
3767.02, and 4729.65 of the Revised Code are hereby repealed. 6,164
Section 3. (A) The General Assembly finds that it is the 6,166
right of every individual, regardless of race, color, creed, 6,167
religion, national origin, sex, age, sexual orientation, or 6,168
handicap, to be secure and protected from fear, intimidation, and 6,169
physical harm caused by the activities of violent groups and
individuals. It is not the intent of this act to interfere with 6,170
the exercise of the constitutionally protected rights of freedom 6,171
of expression and association. The General Assembly recognizes 6,172
the constitutional right of every citizen to harbor and express 6,174
beliefs on any lawful subject whatsoever, to lawfully associate 6,175
with others who share similar beliefs, to petition lawfully
constituted authority for a redress of grievances, and to 6,176
participate in the electoral process. 6,177
(B) The General Assembly finds, however, that the state of 6,179
Ohio is facing a mounting crisis caused by criminal gangs whose 6,180
members threaten and terrorize peaceful citizens and commit a 6,181
multitude of crimes. These activities, both individually and 6,182
collectively, present a clear and present danger to public order 6,183
and safety and are not constitutionally protected.
(C) It is the intent of the General Assembly to eradicate 6,185
the terror created by criminal gangs by providing enhanced 6,186
penalties and by eliminating the patterns, profits, proceeds, and 6,187
instrumentalities of criminal gang activity. 6,188
Section 4. Sections 1, 2, and 3 of this act shall take 6,190
effect January 1, 1999. 6,191
154
Section 5. Section 2929.14 of the Revised Code is 6,193
presented in this act as a composite of the section as amended by 6,194
both Am. Sub. H.B. 32 and Am. Sub. S.B. 111 of the 122nd General 6,195
Assembly and by Am. Sub. H.B. 88 of the 121st General Assembly, 6,196
with the new language of none of the acts shown in capital 6,197
letters. Section 3719.21 of the Revised Code is presented in 6,198
this act as a composite of the section as amended by both Am. 6,199
Sub. S.B. 269 and Am. Sub. S.B. 166 of the 121st General 6,200
Assembly, with the new language of neither of the acts shown in 6,201
capital letters. This is in recognition of the principle stated 6,202
in division (B) of section 1.52 of the Revised Code that such 6,203
amendments are to be harmonized where not substantively 6,204
irreconcilable and constitutes a legislative finding that such is 6,205
the resulting version in effect prior to the effective date of 6,206
this act.