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