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           


                                                                   15           

                           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           

                                                          2      

                                                                 
                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           

                                                          3      

                                                                 
      (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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
(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          

                                                          9      

                                                                 
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          

                                                          10     

                                                                 
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          

                                                          11     

                                                                 
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          

                                                          12     

                                                                 
      (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          

                                                          13     

                                                                 
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          

                                                          14     

                                                                 
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.                                                   

                                                          15     

                                                                 
      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          

                                                          16     

                                                                 
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.