As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 164 5
1997-1998 6
SENATOR BLESSING 8
10
A B I L L
To amend sections 109.21, 2923.32, 2923.35, 2925.03, 12
2933.41, 2933.43, and 2933.74 and to repeal 13
sections 1727.04 and 5309.97 of the Revised Code 14
to eliminate the requirement that the Attorney 15
General send to the President of the Senate and
the Speaker of the House of Representatives 16
copies of reports of drugs or other property 17
seized by law enforcement agencies and other
entities and to eliminate the requirement that 18
the Attorney General produce or receive certain 19
other documents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 109.21, 2923.32, 2923.35, 23
2925.03, 2933.41, 2933.43, and 2933.74 of the Revised Code be 24
amended to read as follows: 25
Sec. 109.21. The attorney general shall pay all moneys 34
collected or received by him THE ATTORNEY GENERAL on behalf of 35
the state into the state treasury to the credit of the general 37
revenue fund. Each year he shall make a report to the governor 38
of the moneys so received and the business of his office, 39
together with an abstract of the statistics of crime returned to 40
him by the prosecuting attorneys of the several counties. 41
Sec. 2923.32. (A)(1) No person employed by, or associated 50
with, any enterprise shall conduct or participate in, directly or 51
indirectly, the affairs of the enterprise through a pattern of 52
corrupt activity or the collection of an unlawful debt. 53
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(2) No person, through a pattern of corrupt activity or 55
the collection of an unlawful debt, shall acquire or maintain, 56
directly or indirectly, any interest in, or control of, any 57
enterprise or real property. 58
(3) No person, who knowingly has received any proceeds 60
derived, directly or indirectly, from a pattern of corrupt 61
activity or the collection of any unlawful debt, shall use or 62
invest, directly or indirectly, any part of those proceeds, or 63
any proceeds derived from the use or investment of any of those 64
proceeds, in the acquisition of any title to, or any right, 65
interest, or equity in, real property or in the establishment or 66
operation of any enterprise. 67
A purchase of securities on the open market with intent to 69
make an investment, without intent to control or participate in 70
the control of the issuer, and without intent to assist another 71
to do so is not a violation of this division, if the securities 72
of the issuer held after the purchase by the purchaser, the 73
members of the purchaser's immediate family, and the purchaser's 75
or the immediate family members' accomplices in any pattern of 77
corrupt activity or the collection of an unlawful debt do not 78
aggregate one per cent of the outstanding securities of any one 79
class of the issuer and do not confer, in law or in fact, the 80
power to elect one or more directors of the issuer.
(B)(1) Whoever violates this section is guilty of engaging 82
in a pattern of corrupt activity. Except as otherwise provided 84
in this division, engaging in corrupt activity is a felony of the 85
second degree. If at least one of the incidents of corrupt
activity is a felony of the first, second, or third degree, 86
aggravated murder, or murder, if at least one of the incidents 87
was a felony under the law of this state that was committed prior 88
to the effective date of this amendment and that would constitute 89
a felony of the first, second, or third degree, aggravated 90
murder, or murder if committed on or after the effective date of 91
this amendment, or if at least one of the incidents of corrupt 92
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activity is a felony under the law of the United States or of 94
another state that, if committed in this state on or after the 95
effective date of this amendment, would constitute a felony of 96
the first, second, or third degree, aggravated murder, or murder 97
under the law of this state, engaging in a pattern of corrupt 98
activity is a felony of the first degree. Notwithstanding any 99
other provision of law, a person may be convicted of violating 100
the provisions of this section as well as of a conspiracy to 101
violate one or more of those provisions under section 2923.01 of 102
the Revised Code.
(2) Notwithstanding the financial sanctions authorized by 105
section 2929.18 of the Revised Code, the court may do all of the 106
following with respect to any person who derives pecuniary value 107
or causes property damage, personal injury other than pain and 108
suffering, or other loss through or by the violation of this 109
section:
(a) In lieu of the fine authorized by that section, impose 112
a fine not exceeding the greater of three times the gross value 113
gained or three times the gross loss caused and order the clerk 114
of the court to pay the fine into the corrupt activity 115
investigation and prosecution fund created in section 2923.35 of 116
the Revised Code;
(b) In addition to the fine described in division 118
(B)(2)(a) of this section and the financial sanctions authorized 120
by section 2929.18 of the Revised Code, order the person to pay
court costs; 121
(c) In addition to the fine described in division 123
(B)(2)(a) of this section and the financial sanctions authorized 125
by section 2929.18 of the Revised Code, order the person to pay
to the state, municipal, or county law enforcement agencies that 126
handled the investigation and prosecution the costs of 127
investigation and prosecution that are reasonably incurred. 128
The court shall hold a hearing to determine the amount of 130
fine, court costs, and other costs to be imposed under this 131
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division. 132
(3) In addition to any other penalty or disposition 134
authorized or required by law, the court shall order any person 135
who is convicted of or pleads guilty to a violation of this 136
section or who is adjudicated delinquent by reason of a violation 137
of this section to criminally forfeit to the state any personal 138
or real property in which the person has an interest and that was 140
used in the course of or intended for use in the course of a 141
violation of this section, or that was derived from or realized 142
through conduct in violation of this section, including any 143
property constituting an interest in, means of control over, or 144
influence over the enterprise involved in the violation and any 145
property constituting proceeds derived from the violation, 146
including all of the following: 147
(a) Any position, office, appointment, tenure, commission, 149
or employment contract of any kind acquired or maintained by the 150
person in violation of this section, through which the person, in 152
violation of this section, conducted or participated in the 153
conduct of an enterprise, or that afforded the person a source of 155
influence or control over an enterprise that the person exercised 156
in violation of this section;
(b) Any compensation, right, or benefit derived from a 158
position, office, appointment, tenure, commission, or employment 159
contract described in division (B)(3)(a) of this section that 160
accrued to the person in violation of this section during the 162
period of the pattern of corrupt activity;
(c) Any interest in, security of, claim against, or 164
property or contractual right affording the person a source of 166
influence or control over the affairs of an enterprise that the
person exercised in violation of this section; 167
(d) Any amount payable or paid under any contract for 169
goods or services that was awarded or performed in violation of 170
this section. 171
(4)(a) A sentence or disposition of criminal forfeiture 173
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pursuant to division (B)(3) of this section shall not be entered 174
unless either of the following applies: 175
(i) The indictment, count in the indictment, or 177
information charging the offense, or the complaint filed in 178
juvenile court charging the violation as a delinquent act alleges 179
the extent of the property subject to forfeiture; 180
(ii) The criminal sentence or delinquency disposition 182
requires the forfeiture of property that was not reasonably 183
foreseen to be subject to forfeiture at the time of the 184
indictment, count in the indictment, or information charging the 185
offense, or the complaint filed in juvenile court charging the 186
violation as a delinquent act, provided that the prosecuting 187
attorney gave prompt notice to the defendant or the alleged or 188
adjudicated delinquent child of such property not reasonably 189
foreseen to be subject to forfeiture when it is discovered to be 190
forfeitable. 191
(b) A special verdict shall be returned as to the extent 193
of the property, if any, subject to forfeiture. When the special 194
verdict is returned, a judgment of forfeiture shall be entered. 195
(5) If any property included in a special verdict of 197
forfeiture returned pursuant to division (B)(4) of this section 198
cannot be located, has been sold to a bona fide purchaser for 199
value, placed beyond the jurisdiction of the court, substantially 200
diminished in value by the conduct of the defendant or 201
adjudicated delinquent child, or commingled with other property 202
that cannot be divided without difficulty or undue injury to 203
innocent persons, or otherwise is unreachable without undue 204
injury to innocent persons, the court shall order forfeiture of 205
any other reachable property of the defendant or adjudicated 206
delinquent child up to the value of the property that is 207
unreachable. 208
(6) All property ordered forfeited pursuant to this 210
section shall be held by the law enforcement agency that seized 211
it for distribution or disposal pursuant to section 2923.35 of 212
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the Revised Code. The agency shall maintain an accurate record 213
of each item of property so seized and held, which record shall 214
include the date on which each item was seized, the manner and 215
date of disposition by the agency, and if applicable, the name of 216
the person who received the item; however, the record shall not 217
identify or enable the identification of the individual officer 218
who seized the property. The record is a public record open for 219
inspection under section 149.43 of the Revised Code. Each law 220
enforcement agency that seizes and holds in any calendar year any 221
item of property that is ordered forfeited pursuant to this 222
section shall prepare a report covering the calendar year that 223
cumulates all of the information contained in all of the records 224
kept by the agency pursuant to this division for that calendar 225
year, and shall send the cumulative report, no later than the 226
first day of March in the calendar year following the calendar 227
year covered by the report, to the attorney general. Each such 228
report so received by the attorney general is a public record 229
open for inspection under section 149.43 of the Revised Code. 230
The attorney general shall make copies of each such report so 232
received, and, no NOT later than the fifteenth day of April in 233
the calendar year in which the reports were received, THE 234
ATTORNEY GENERAL shall send a copy of each such report to the 235
office of the president of the senate and the office of the 236
speaker of the house of representatives A WRITTEN NOTIFICATION 237
THAT DOES ALL OF THE FOLLOWING: 238
(a) LISTS THE REPORTS AND INDICATES WHICH LAW ENFORCEMENT 241
AGENCIES SENT THE REPORTS THAT THE ATTORNEY GENERAL HAS RECEIVED 242
COVERING THE PREVIOUS CALENDAR YEAR;
(b) INDICATES THAT THE REPORTS ARE OPEN FOR INSPECTION 245
UNDER SECTION 149.43 OF THE REVISED CODE; 246
(c) INDICATES THAT THE ATTORNEY GENERAL WILL PROVIDE A 249
COPY OF ANY OR ALL OF THE REPORTS TO THE PRESIDENT OF THE SENATE 250
OR THE SPEAKER OF THE HOUSE OF REPRESENTATIVES UPON REQUEST. 251
(C) Notwithstanding the notice and procedure prescribed by 253
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division (E) of this section, an order of criminal forfeiture 254
entered under division (B)(3) of this section shall authorize an 255
appropriate law enforcement agency to seize the property declared 256
forfeited under this section upon the terms and conditions, 257
relating to the time and manner of seizure, that the court 258
determines proper. 259
(D) Criminal penalties under this section are not mutually 261
exclusive, unless otherwise provided, and do not preclude the 262
application of any other criminal or civil remedy under this or 263
any other section of the Revised Code. A disposition of criminal 264
forfeiture ordered pursuant to division (B)(3) of this section in 265
relation to a child who was adjudicated delinquent by reason of a 266
violation of this section does not preclude the application of 267
any other order of disposition under section 2151.355 of the 268
Revised Code or any other civil remedy under this or any other 269
section of the Revised Code. 270
(E)(1) Upon the entry of a judgment of forfeiture pursuant 272
to division (B)(3) of this section, the court shall cause notice 273
of the judgment to be sent by certified mail, return receipt 274
requested, to all persons known to have, or appearing to have, an 275
interest in the property that was acquired prior to the filing of 276
a corrupt activity lien notice or a lis pendens as authorized by 277
section 2923.36 of the Revised Code. If the notices cannot be 278
given to those persons in that manner, the court shall cause 279
publication of the notice of the judgment of forfeiture pursuant 280
to the Rules of Civil Procedure. 281
(2) Within thirty days after receipt of a notice or after 283
the date of publication of a notice under division (E)(1) of this 284
section, any person, other than the defendant or the adjudicated 285
delinquent child, who claims an interest in the property that is 286
subject to forfeiture may petition the court for a hearing to 287
determine the validity of the claim. The petition shall be 288
signed and sworn to by the petitioner and shall set forth the 289
nature and extent of the petitioner's interest in the property, 290
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the date and circumstances of the petitioner's acquisition of the 291
interest, any additional allegations supporting the claim, and 292
the relief sought. The petitioner shall furnish the prosecuting 293
attorney with a copy of the petition. 294
(3) The court, to the extent practicable and consistent 296
with the interests of justice, shall hold the hearing described 297
under division (E)(2) of this section within thirty days from the 298
filing of the petition. The court may consolidate the hearings 299
on all petitions filed by third party claimants under this 300
section. At the hearing, the petitioner may testify and present 301
evidence on the petitioner's own behalf and cross-examine 302
witnesses. The prosecuting attorney may present evidence and 303
witnesses in rebuttal and in defense of the claim of the state to 304
the property and cross-examine witnesses. The court, in making 305
its determination, shall consider the testimony and evidence 306
presented at the hearing and the relevant portions of the record 307
of the criminal proceeding that resulted in the judgment of 308
forfeiture. 309
(4) If at a hearing held under division (E)(3) of this 311
section, the court, by a preponderance of the evidence, 312
determines either that the petitioner has a legal right, title, 313
or interest in the property that, at the time of the commission 314
of the acts giving rise to the forfeiture of the property, was 315
vested in the petitioner and not in the defendant or the 316
adjudicated delinquent child or was superior to the right, title, 317
or interest of the defendant or the adjudicated delinquent child, 318
or that the petitioner is a bona fide purchaser for value of the 319
right, title, or interest in the property and was at the time of 320
the purchase reasonably without cause to believe that the 321
property was subject to forfeiture under this section, it shall 322
amend, in accordance with its determination, the judgment of 323
forfeiture to protect the rights of innocent persons. 324
(F) Except as provided in division (E) of this section, no 326
person claiming an interest in property that is subject to 327
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forfeiture under this section shall do either of the following: 328
(1) Intervene in a trial or appeal of a criminal case or a 330
delinquency case that involves the forfeiture of the property; 331
(2) File an action against the state concerning the 333
validity of his THE PERSON'S alleged interest in the property 334
subsequent to the filing of the indictment, count in the 336
indictment, or information, or the filing of the complaint in 337
juvenile court, that alleges that the property is subject to 338
forfeiture under this section. 339
(G) As used in this section, "law enforcement agency" 341
includes, but is not limited to, the state board of pharmacy. 342
Sec. 2923.35. (A)(1) With respect to property ordered 351
forfeited under section 2923.32 of the Revised Code, with respect 352
to any fine or civil penalty imposed in any criminal or civil 353
proceeding under section 2923.32 or 2923.34 of the Revised Code, 354
and with respect to any fine imposed for a violation of section 355
2923.01 of the Revised Code for conspiracy to violate section 356
2923.32 of the Revised Code, the court, upon petition of the 357
prosecuting attorney, may do any of the following: 358
(a) Authorize the prosecuting attorney to settle claims; 360
(b) Award compensation to persons who provide information 362
that results in a forfeiture, fine, or civil penalty under 363
section 2923.32 or 2923.34 of the Revised Code; 364
(c) Grant petitions for mitigation or remission of 366
forfeiture, fines, or civil penalties, or restore forfeited 367
property, imposed fines, or imposed civil penalties to persons 368
injured by the violation; 369
(d) Take any other action to protect the rights of 371
innocent persons that is in the interest of justice and that is 372
consistent with the purposes of sections 2923.31 to 2923.36 of 373
the Revised Code. 374
(2) The court shall maintain an accurate record of the 376
actions it takes under division (A)(1) of this section with 377
respect to the property ordered forfeited or the fine or civil 378
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penalty. The record is a public record open for inspection under 379
section 149.43 of the Revised Code. 380
(B)(1) After the application of division (A) of this 382
section, any person who prevails in a civil action pursuant to 383
section 2923.34 of the Revised Code has a right to any property, 384
or the proceeds of any property, criminally forfeited to the 385
state pursuant to section 2923.32 of the Revised Code or against 386
which any fine under that section or civil penalty under division 387
(I) of section 2923.34 of the Revised Code may be imposed. 388
The right of any person who prevails in a civil action 390
pursuant to section 2923.34 of the Revised Code, other than a 391
prosecuting attorney performing official duties under that 392
section, to forfeited property, property against which fines and 393
civil penalties may be imposed, and the proceeds of that property 394
is superior to any right of the state, a municipal corporation, 395
or a county to the property or the proceeds of the property, if 396
the civil action is brought within one hundred eighty days after 397
the entry of a sentence of forfeiture or a fine pursuant to 398
section 2923.32 of the Revised Code or the entry of a civil 399
penalty pursuant to division (I) of section 2923.34 of the 400
Revised Code. 401
The right is limited to the total value of the treble 403
damages, civil penalties, attorney's fees, and costs awarded to 404
the prevailing party in an action pursuant to section 2923.34 of 405
the Revised Code, less any restitution received by the person. 406
(2) If the aggregate amount of claims of persons who have 408
prevailed in a civil action pursuant to section 2923.34 of the 409
Revised Code against any one defendant is greater than the total 410
value of the treble fines, civil penalties, and forfeited 411
property paid by the person against whom the actions were 412
brought, all of the persons who brought their actions within one 413
hundred eighty days after the entry of a sentence or disposition 414
of forfeiture or a fine pursuant to section 2923.32 of the 415
Revised Code or the entry of a civil penalty pursuant to division 416
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(I) of section 2923.34 of the Revised Code, first shall receive a 417
pro rata share of the total amount of the fines, civil penalties, 418
and forfeited property. After the persons who brought their 419
actions within the specified one-hundred-eighty-day period have 420
satisfied their claims out of the fines, civil penalties, and 421
forfeited property, all other persons who prevailed in civil 422
actions pursuant to section 2923.34 of the Revised Code shall 423
receive a pro rata share of the total amount of the fines, civil 424
penalties, and forfeited property that remains in the custody of 425
the law enforcement agency or in the corrupt activity 426
investigation and prosecution fund. 427
(C)(1) Subject to divisions (A) and (B) of this section 429
and notwithstanding any contrary provision of section 2933.41 of 430
the Revised Code, the prosecuting attorney shall order the 431
disposal of property ordered forfeited in any proceeding under 432
sections 2923.32 and 2923.34 of the Revised Code as soon as 433
feasible, making due provisions for the rights of innocent 434
persons, by any of the following methods: 435
(a) Transfer to any person who prevails in a civil action 437
pursuant to section 2923.34 of the Revised Code, subject to the 438
limit set forth in division (B)(1) of this section; 439
(b) Public sale; 441
(c) Transfer to a state governmental agency for official 443
use; 444
(d) Sale or transfer to an innocent person; 446
(e) If the property is contraband and is not needed for 448
evidence in any pending criminal or civil proceeding, pursuant to 449
section 2933.41 or any other applicable section of the Revised 450
Code. 451
(2) Any interest in personal or real property not disposed 453
of pursuant to this division and not exercisable by, or 454
transferable for value to, the state shall expire and shall not 455
revert to the person found guilty of or adjudicated a delinquent 456
child for a violation of section 2923.32 of the Revised Code. No 457
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person found guilty of or adjudicated a delinquent child for a 458
violation of that section and no person acting in concert with a 459
person found guilty of or adjudicated a delinquent child for a 461
violation of that section is eligible to purchase forfeited
property from the state. 463
(3) Upon application of a person, other than the 465
defendant, the adjudicated delinquent child, or a person acting 466
in concert with or on behalf of either the defendant or the 467
adjudicated delinquent child, the court may restrain or stay the 468
disposal of the property pursuant to this division pending the 469
conclusion of any appeal of the criminal case or delinquency case 470
giving rise to the forfeiture or pending the determination of the 471
validity of a claim to or interest in the property pursuant to 472
division (E) of section 2923.32 of the Revised Code, if the 473
applicant demonstrates that proceeding with the disposal of the 474
property will result in irreparable injury, harm, or loss to the 475
applicant. 476
(4) The prosecuting attorney shall maintain an accurate 478
record of each item of property disposed of pursuant to this 479
division, which record shall include the date on which each item 480
came into the prosecuting attorney's custody, the manner and date 481
of disposition, and, if applicable, the name of the person who 483
received the item. The record shall not identify or enable the 484
identification of the individual officer who seized the property, 485
and the record is a public record open for inspection under 486
section 149.43 of the Revised Code. 487
Each prosecuting attorney who disposes in any calendar year 489
of any item of property pursuant to this division shall prepare a 490
report covering the calendar year that cumulates all of the 491
information contained in all of the records kept by the 492
prosecuting attorney pursuant to this division for that calendar 493
year and shall send the cumulative report, no later than the 494
first day of March in the calendar year following the calendar 495
year covered by the report, to the attorney general. Each report 496
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received by the attorney general is a public record open for 497
inspection under section 149.43 of the Revised Code. The 498
attorney general shall send a copy of the cumulative report, no 499
NOT later than the fifteenth day of April in the calendar year 500
following the calendar year covered by the report, REPORTS, THE 502
ATTORNEY GENERAL SHALL SEND to the president of the senate and
the speaker of the house of representatives A WRITTEN 503
NOTIFICATION THAT DOES ALL OF THE FOLLOWING: 505
(a) LISTS THE REPORTS AND INDICATES WHICH PROSECUTING 507
ATTORNEYS SENT THE REPORTS THAT THE ATTORNEY GENERAL HAS RECEIVED 509
COVERING THE PREVIOUS CALENDAR YEAR;
(b) INDICATES THAT THE REPORTS ARE OPEN FOR INSPECTION 512
UNDER SECTION 149.43 OF THE REVISED CODE; 513
(c) INDICATES THAT THE ATTORNEY GENERAL WILL PROVIDE A 516
COPY OF ANY OR ALL OF THE REPORTS TO THE PRESIDENT OF THE SENATE 517
OR THE SPEAKER OF THE HOUSE OF REPRESENTATIVES UPON REQUEST. 518
(D)(1)(a) Ten per cent of the proceeds of all property 520
ordered forfeited by a juvenile court pursuant to section 2923.32 522
of the Revised Code shall be applied to one or more alcohol and 524
drug addiction treatment programs that are certified by the
department of alcohol and drug addiction services under section 525
3793.06 of the Revised Code and that are specified in the order 527
of forfeiture. A juvenile court shall not specify an alcohol or 529
drug addiction treatment program in the order of forfeiture 530
unless the program is a certified alcohol and drug addiction
treatment program and, except as provided in division (D)(1)(a) 532
of this section, unless the program is located in the county in 533
which the court that orders the forfeiture is located or in a 534
contiguous county. If no certified alcohol and drug addiction
treatment program is located in any of those counties, the 535
juvenile court may specify in the order a certified alcohol and 536
drug addiction treatment program located anywhere within this 537
state. The remaining ninety per cent of the proceeds shall be 538
disposed of as provided in divisions (D)(1)(b) and (D)(2) of this 539
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section.
All of the proceeds of all property ordered forfeited by a 541
court other than a juvenile court pursuant to section 2923.32 of 542
the Revised Code shall be disposed of as provided in divisions 544
(D)(1)(b) and (D)(2) of this section. 546
(b) The remaining proceeds of all property ordered 548
forfeited pursuant to section 2923.32 of the Revised Code, after 549
compliance with division (D)(1)(a) of this section when that 550
division is applicable, and all fines and civil penalties imposed 553
pursuant to sections 2923.32 and 2923.34 of the Revised Code 554
shall be deposited into the state treasury and credited to the 555
corrupt activity investigation and prosecution fund, which is 556
hereby created.
(2) The proceeds, fines, and penalties credited to the 558
corrupt activity investigation and prosecution fund pursuant to 559
division (D)(1) of this section shall be disposed of in the 560
following order: 561
(a) To a civil plaintiff in an action brought within the 563
one-hundred-eighty-day time period specified in division (B)(1) 564
of this section, subject to the limit set forth in that division; 565
(b) To the payment of the fees and costs of the forfeiture 567
and sale, including expenses of seizure, maintenance, and custody 568
of the property pending its disposition, advertising, and court 569
costs; 570
(c) Except as otherwise provided in division (D)(2)(c) of 572
this section, the remainder shall be paid to the law enforcement 573
trust fund of the prosecuting attorney that is established 574
pursuant to division (D)(1)(c) of section 2933.43 of the Revised 575
Code and to the law enforcement trust fund of the county sheriff 576
that is established pursuant to that division if the county 577
sheriff substantially conducted the investigation, to the law 578
enforcement trust fund of a municipal corporation that is 579
established pursuant to that division if its police department 580
substantially conducted the investigation, to the law enforcement 581
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trust fund of a township that is established pursuant to that 582
division if the investigation was substantially conducted by a 583
township police department, township police district police 584
force, or office of a township constable, or to the law 585
enforcement trust fund of a park district created pursuant to 586
section 511.18 or 1545.01 of the Revised Code that is established 587
pursuant to that division if the investigation was substantially 588
conducted by its park district police force or law enforcement 589
department. The prosecuting attorney may decline to accept any 590
of the remaining proceeds, fines, and penalties, and, if the 591
prosecuting attorney so declines, they shall be applied to the 592
fund described in division (D)(2)(c) of this section that relates 594
to the appropriate law enforcement agency that substantially 595
conducted the investigation. 596
If the state highway patrol substantially conducted the 598
investigation, the director of budget and management shall 599
transfer the remaining proceeds, fines, and penalties to the 600
state highway patrol for deposit into the state highway patrol 601
contraband, forfeiture, and other fund that is created by 602
division (D)(1)(c) of section 2933.43 of the Revised Code. If 603
the state board of pharmacy substantially conducted the 604
investigation, the director shall transfer the remaining 605
proceeds, fines, and penalties to the board for deposit into the 606
board of pharmacy drug law enforcement fund that is created by 607
division (B)(1) of section 4729.65 of the Revised Code. If a 608
state law enforcement agency, other than the state highway patrol 609
or the board, substantially conducted the investigation, the 610
director shall transfer the remaining proceeds, fines, and 611
penalties to the treasurer of state for deposit into the peace 612
officer training commission fund that is created by division 614
(D)(1)(c) of section 2933.43 of the Revised Code. 615
The remaining proceeds, fines, and penalties that are paid 617
to a law enforcement trust fund or that are deposited into the 618
state highway patrol contraband, forfeiture, and other fund, the 619
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board of pharmacy drug law enforcement fund, or the peace officer 620
training commission fund pursuant to division (D)(2)(c) of this 622
section shall be allocated, used, and expended only in accordance 623
with division (D)(1)(c) of section 2933.43 of the Revised Code, 624
only in accordance with a written internal control policy adopted 625
under division (D)(3) of that section, and, if applicable, only 626
in accordance with division (B) of section 4729.65 of the Revised 627
Code. The annual reports that pertain to the funds and that are 628
required by divisions (D)(1)(c) and (3)(b) of section 2933.43 of 629
the Revised Code also shall address the remaining proceeds, 630
fines, and penalties that are paid or deposited into the funds 631
pursuant to division (D)(2)(c) of this section. 632
(3) If more than one law enforcement agency substantially 634
conducted the investigation, the court ordering the forfeiture 635
shall equitably divide the remaining proceeds, fines, and 636
penalties among the law enforcement agencies that substantially 637
conducted the investigation, in the manner described in division 638
(D)(2) of section 2933.43 of the Revised Code for the equitable 639
division of contraband proceeds and forfeited moneys. The 640
equitable shares of the proceeds, fines, and penalties so 641
determined by the court shall be paid or deposited into the 642
appropriate funds specified in division (D)(2)(c) of this 643
section. 644
(E) As used in this section, "law enforcement agency" 646
includes, but is not limited to, the state board of pharmacy. 647
Sec. 2925.03. (A) No person shall knowingly sell or offer 657
to sell a controlled substance. 658
(B) This section does not apply to any of the following: 660
(1) Manufacturers, practitioners, pharmacists, owners of 662
pharmacies, and other persons whose conduct is in accordance with 663
Chapters 3719., 4715., 4729., 4731., and 4741. or section 4723.56 666
of the Revised Code.;
(2) If the offense involves an anabolic steroid, any 668
person who is conducting or participating in a research project 669
17
involving the use of an anabolic steroid if the project has been 670
approved by the United States food and drug administration; 671
(3) Any person who sells, offers for sale, prescribes, 673
dispenses, or administers for livestock or other nonhuman species 674
an anabolic steroid that is expressly intended for administration 675
through implants to livestock or other nonhuman species and 676
approved for that purpose under the "Federal Food, Drug, and 677
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 678
and is sold, offered for sale, prescribed, dispensed, or 679
administered for that purpose in accordance with that act. 680
(C) Whoever violates division (A) of this section is 682
guilty of one of the following: 683
(1) If the drug involved in the violation is any compound, 686
mixture, preparation, or substance included in schedule I or 687
schedule II, with the exception of marihuana, cocaine, L.S.D., 688
heroin, and hashish, whoever violates division (A) of this 690
section is guilty of aggravated trafficking in drugs. The 691
penalty for the offense shall be determined as follows: 692
(a) Except as otherwise provided in division (C)(1)(b), 695
(c), (d), (e), or (f) of this section, aggravated trafficking in 696
drugs is a felony of the fourth degree, and division (C) of 698
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 700
(b) Except as otherwise provided in division (C)(1)(c), 703
(d), (e), or (f) of this section, if the offense was committed in 704
the vicinity of a school or in the vicinity of a juvenile, 705
aggravated trafficking in drugs is a felony of the third degree, 706
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 707
(c) Except as otherwise provided in this division, if the 709
amount of the drug involved exceeds the bulk amount but does not 711
exceed five times the bulk amount, aggravated trafficking in 712
drugs is a felony of the third degree, and the court shall impose 713
as a mandatory prison term one of the prison terms prescribed for 714
18
a felony of the third degree. If the amount of the drug involved 715
is within that range and if the offense was committed in the 716
vicinity of a school or in the vicinity of a juvenile, aggravated 717
trafficking in drugs is a felony of the second degree, and the 718
court shall impose as a mandatory prison term one of the prison 719
terms prescribed for a felony of the second degree. 720
(d) Except as otherwise provided in this division, if the 722
amount of the drug involved exceeds five times the bulk amount 724
but does not exceed fifty times the bulk amount, aggravated 725
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison 726
terms prescribed for a felony of the second degree. If the 727
amount of the drug involved is within that range and if the 728
offense was committed in the vicinity of a school or in the 729
vicinity of a juvenile, aggravated trafficking in drugs is a 730
felony of the first degree, and the court shall impose as a 731
mandatory prison term one of the prison terms prescribed for a 732
felony of the first degree. 733
(e) If the amount of the drug involved exceeds fifty times 736
the bulk amount but does not exceed one hundred times the bulk 737
amount and regardless of whether the offense was committed in the 738
vicinity of a school or in the vicinity of a juvenile, aggravated 739
trafficking in drugs is a felony of the first degree, and the 740
court shall impose as a mandatory prison term one of the prison 741
terms prescribed for a felony of the first degree. 742
(f) If the amount of the drug involved exceeds one hundred 745
times the bulk amount and regardless of whether the offense was 746
committed in the vicinity of a school or in the vicinity of a 747
juvenile, aggravated trafficking in drugs is a felony of the 748
first degree, and the court shall impose as a mandatory prison 749
term the maximum prison term prescribed for a felony of the first 750
degree and may impose an additional prison term prescribed for a 751
major drug offender under division (D)(3)(b) of section 2929.14 752
of the Revised Code. 753
19
(2) If the drug involved in the violation is any compound, 756
mixture, preparation, or substance included in schedule III, IV, 757
or V, whoever violates division (A) of this section is guilty of 758
trafficking in drugs. The penalty for the offense shall be 759
determined as follows: 760
(a) Except as otherwise provided in division (C)(2)(b), 763
(c), (d), or (e) of this section, trafficking in drugs is a 765
felony of the fifth degree, and division (C) of section 2929.13 766
of the Revised Code applies in determining whether to impose a 767
prison term on the offender.
(b) Except as otherwise provided in division (C)(2)(c), 770
(d), or (e) of this section, if the offense was committed in the 771
vicinity of a school or in the vicinity of a juvenile, 772
trafficking in drugs is a felony of the fourth degree, and 773
division (C) of section 2929.13 of the Revised Code applies in 774
determining whether to impose a prison term on the offender. 776
(c) Except as otherwise provided in this division, if the 778
amount of the drug involved exceeds the bulk amount but does not 780
exceed five times the bulk amount, trafficking in drugs is a 781
felony of the fourth degree, and there is a presumption for a 782
prison term for the offense. If the amount of the drug involved 783
is within that range and if the offense was committed in the 784
vicinity of a school or in the vicinity of a juvenile, 785
trafficking in drugs is a felony of the third degree, and there 786
is a presumption for a prison term for the offense. 787
(d) Except as otherwise provided in this division, if the 789
amount of the drug involved exceeds five times the bulk amount 791
but does not exceed fifty times the bulk amount, trafficking in 792
drugs is a felony of the third degree, and there is a presumption 793
for a prison term for the offense. If the amount of the drug 794
involved is within that range and if the offense was committed in 795
the vicinity of a school or in the vicinity of a juvenile, 796
trafficking in drugs is a felony of the second degree, and there 797
is a presumption for a prison term for the offense. 798
20
(e) Except as otherwise provided in this division, if the 800
amount of the drug involved exceeds fifty times the bulk amount, 802
trafficking in drugs is a felony of the second degree, and the 803
court shall impose as a mandatory prison term one of the prison 804
terms prescribed for a felony of the second degree. If the 805
amount of the drug involved exceeds fifty times the bulk amount 806
and if the offense was committed in the vicinity of a school or 807
in the vicinity of a juvenile, trafficking in drugs is a felony 808
of the first degree, and the court shall impose as a mandatory 809
prison term one of the prison terms prescribed for a felony of 810
the first degree. 811
(3) If the drug involved in the violation is marihuana or 813
a compound, mixture, preparation, or substance containing 814
marihuana other than hashish, whoever violates division (A) of 816
this section is guilty of trafficking in marihuana. The penalty 817
for the offense shall be determined as follows: 818
(a) Except as otherwise provided in division (C)(3)(b), 821
(c), (d), (e), (f), or (g) of this section, trafficking in 822
marihuana is a felony of the fifth degree, and division (C) of 825
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 826
(b) Except as otherwise provided in division (C)(3)(c), 829
(d), (e), (f), or (g) of this section, if the offense was 831
committed in the vicinity of a school or in the vicinity of a 832
juvenile, trafficking in marihuana is a felony of the fourth 833
degree, and division (C) of section 2929.13 of the Revised Code 834
applies in determining whether to impose a prison term on the 835
offender.
(c) Except as otherwise provided in this division, if the 837
amount of the drug involved exceeds two hundred grams but does 839
not exceed one thousand grams, trafficking in marihuana is a 840
felony of the fourth degree, and division (C) of section 2929.13 841
of the Revised Code applies in determining whether to impose a 843
prison term on the offender. If the amount of the drug involved 844
21
is within that range and if the offense was committed in the 845
vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the third degree, and 846
division (C) of section 2929.13 of the Revised Code applies in 847
determining whether to impose a prison term on the offender. 848
(d) Except as otherwise provided in this division, if the 850
amount of the drug involved exceeds one thousand grams but does 852
not exceed five thousand grams, trafficking in marihuana is a 853
felony of the third degree, and division (C) of section 2929.13 854
of the Revised Code applies in determining whether to impose a 855
prison term on the offender. If the amount of the drug involved 856
is within that range and if the offense was committed in the 857
vicinity of a school or in the vicinity of a juvenile, 858
trafficking in marihuana is a felony of the second degree, and 859
there is a presumption that a prison term shall be imposed for 860
the offense.
(e) Except as otherwise provided in this division, if the 862
amount of the drug involved exceeds five thousand grams but does 864
not exceed twenty thousand grams, trafficking in marihuana is a 865
felony of the third degree, and there is a presumption that a 866
prison term shall be imposed for the offense. If the amount of 867
the drug involved is within that range and if the offense was 868
committed in the vicinity of a school or in the vicinity of a 869
juvenile, trafficking in marihuana is a felony of the second 870
degree, and there is a presumption that a prison term shall be 871
imposed for the offense. 872
(f) Except as otherwise provided in this division, if the 874
amount of the drug involved exceeds twenty thousand grams, 876
trafficking in marihuana is a felony of the second degree, and 877
the court shall impose as a mandatory prison term the maximum 878
prison term prescribed for a felony of the second degree. If the 879
amount of the drug involved exceeds twenty thousand grams and if 880
the offense was committed in the vicinity of a school or in the 881
vicinity of a juvenile, trafficking in marihuana is a felony of 882
22
the first degree, and the court shall impose as a mandatory 883
prison term the maximum prison term prescribed for a felony of 884
the first degree. 885
(g) Except as otherwise provided in this division, if the 888
offense involves a gift of twenty grams or less of marihuana, 889
trafficking in marihuana is a minor misdemeanor upon a first 890
offense and a misdemeanor of the third degree upon a subsequent 891
offense. If the offense involves a gift of twenty grams or less 892
of marihuana and if the offense was committed in the vicinity of 893
a school or in the vicinity of a juvenile, trafficking in 894
marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a 896
compound, mixture, preparation, or substance containing cocaine, 897
whoever violates division (A) of this section is guilty of 899
trafficking in cocaine. The penalty for the offense shall be
determined as follows: 900
(a) Except as otherwise provided in division (C)(4)(b), 903
(c), (d), (e), (f), or (g) of this section, trafficking in 904
cocaine is a felony of the fifth degree, and division (C) of 906
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 908
(b) Except as otherwise provided in division (C)(4)(c), 911
(d), (e), (f), or (g) of this section, if the offense was 912
committed in the vicinity of a school or in the vicinity of a 914
juvenile, trafficking in cocaine is a felony of the fourth 915
degree, and division (C) of section 2929.13 of the Revised Code 916
applies in determining whether to impose a prison term on the 918
offender.
(c) Except as otherwise provided in this division, if the 920
amount of the drug involved exceeds five grams but does not 921
exceed ten grams of cocaine that is not crack cocaine or exceeds 923
one gram but does not exceed five grams of crack cocaine, 925
trafficking in cocaine is a felony of the fourth degree, and 926
there is a presumption for a prison term for the offense. If the 927
23
amount of the drug involved is within one of those ranges and if 928
the offense was committed in the vicinity of a school or in the 929
vicinity of a juvenile, trafficking in cocaine is a felony of the 930
third degree, and there is a presumption for a prison term for 931
the offense.
(d) Except as otherwise provided in this division, if the 933
amount of the drug involved exceeds ten grams but does not exceed 934
one hundred grams of cocaine that is not crack cocaine or exceeds 936
five grams but does not exceed ten grams of crack cocaine, 937
trafficking in cocaine is a felony of the third degree, and the 938
court shall impose as a mandatory prison term one of the prison 939
terms prescribed for a felony of the third degree. If the amount 940
of the drug involved is within one of those ranges and if the 941
offense was committed in the vicinity of a school or in the 943
vicinity of a juvenile, trafficking in cocaine is a felony of the 946
second degree, and the court shall impose as a mandatory prison 947
term one of the prison terms prescribed for a felony of the 948
second degree.
(e) Except as otherwise provided in this division, if the 950
amount of the drug involved exceeds one hundred grams but does 951
not exceed five hundred grams of cocaine that is not crack 952
cocaine or exceeds ten grams but does not exceed twenty-five 954
grams of crack cocaine, trafficking in cocaine is a felony of the 956
second degree, and the court shall impose as a mandatory prison 957
term one of the prison terms prescribed for a felony of the 958
second degree. If the amount of the drug involved is within one 959
of those ranges and if the offense was committed in the vicinity 960
of a school or in the vicinity of a juvenile, trafficking in 962
cocaine is a felony of the first degree, and the court shall 964
impose as a mandatory prison term one of the prison terms 965
prescribed for a felony of the first degree. 966
(f) If the amount of the drug involved exceeds five 969
hundred grams but does not exceed one thousand grams of cocaine 970
that is not crack cocaine or exceeds twenty-five grams but does 971
24
not exceed one hundred grams of crack cocaine and regardless of 972
whether the offense was committed in the vicinity of a school or 973
in the vicinity of a juvenile, trafficking in cocaine is a felony 976
of the first degree, and the court shall impose as a mandatory 977
prison term one of the prison terms prescribed for a felony of 978
the first degree.
(g) If the amount of the drug involved exceeds one 981
thousand grams of cocaine that is not crack cocaine or exceeds 982
one hundred grams of crack cocaine and regardless of whether the 984
offense was committed in the vicinity of a school or in the 985
vicinity of a juvenile, trafficking in cocaine is a felony of the 986
first degree, and the court shall impose as a mandatory prison 987
term the maximum prison term prescribed for a felony of the first 988
degree and may impose an additional mandatory prison term 989
prescribed for a major drug offender under division (D)(3)(b) of 991
section 2929.14 of the Revised Code.
(5) If the drug involved in the violation is L.S.D. or a 994
compound, mixture, preparation, or substance containing L.S.D., 995
whoever violates division (A) of this section is guilty of 996
trafficking in L.S.D. The penalty for the offense shall be 998
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 1,001
(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D. 1,003
is a felony of the fifth degree, and division (C) of section 1,004
2929.13 of the Revised Code applies in determining whether to 1,006
impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(5)(c), 1,009
(d), (e), (f), or (g) of this section, if the offense was 1,010
committed in the vicinity of a school or in the vicinity of a 1,011
juvenile, trafficking in L.S.D. is a felony of the fourth degree, 1,013
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 1,014
(c) Except as otherwise provided in this division, if the 1,016
amount of the drug involved exceeds ten unit doses but does not 1,018
25
exceed fifty unit doses of L.S.D. in a solid form or exceeds one 1,019
gram but does not exceed five grams of L.S.D. in a liquid 1,021
concentrate, liquid extract, or liquid distillate form, 1,023
trafficking in L.S.D. is a felony of the fourth degree, and there 1,026
is a presumption for a prison term for the offense. If the 1,027
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the 1,028
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 1,030
third degree, and there is a presumption for a prison term for 1,031
the offense.
(d) Except as otherwise provided in this division, if the 1,033
amount of the drug involved exceeds fifty unit doses but does not 1,035
exceed two hundred fifty unit doses of L.S.D. in a solid form or 1,036
exceeds five grams but does not exceed twenty-five grams of 1,038
L.S.D. in a liquid concentrate, liquid extract, or liquid 1,040
distillate form, trafficking in L.S.D. is a felony of the third 1,043
degree, and the court shall impose as a mandatory prison term one 1,044
of the prison terms prescribed for a felony of the third degree. 1,045
If the amount of the drug involved is within that range and if 1,046
the offense was committed in the vicinity of a school or in the 1,047
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 1,049
second degree, and the court shall impose as a mandatory prison 1,050
term one of the prison terms prescribed for a felony of the 1,051
second degree.
(e) Except as otherwise provided in this division, if the 1,053
amount of the drug involved exceeds two hundred fifty unit doses 1,055
but does not exceed one thousand unit doses of L.S.D. in a solid 1,057
form or exceeds twenty-five grams but does not exceed one hundred 1,059
grams of L.S.D. in a liquid concentrate, liquid extract, or 1,061
liquid distillate form, trafficking in L.S.D. is a felony of the 1,063
second degree, and the court shall impose as a mandatory prison 1,064
term one of the prison terms prescribed for a felony of the 1,065
second degree. If the amount of the drug involved is within that 1,066
range and if the offense was committed in the vicinity of a 1,067
26
school or in the vicinity of a juvenile, trafficking in L.S.D. is 1,069
a felony of the first degree, and the court shall impose as a 1,070
mandatory prison term one of the prison terms prescribed for a 1,071
felony of the first degree.
(f) If the amount of the drug involved exceeds one 1,074
thousand unit doses but does not exceed five thousand unit doses 1,075
of L.S.D. in a solid form or exceeds one hundred grams but does 1,078
not exceed five hundred grams of L.S.D. in a liquid concentrate, 1,080
liquid extract, or liquid distillate form and regardless of 1,081
whether the offense was committed in the vicinity of a school or 1,082
in the vicinity of a juvenile, trafficking in L.S.D. is a felony 1,083
of the first degree, and the court shall impose as a mandatory 1,084
prison term one of the prison terms prescribed for a felony of 1,085
the first degree. 1,086
(g) If the amount of the drug involved exceeds five 1,089
thousand unit doses of L.S.D. in a solid form or exceeds five 1,090
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 1,092
or liquid distillate form and regardless of whether the offense 1,095
was committed in the vicinity of a school or in the vicinity of a 1,096
juvenile, trafficking in L.S.D. is a felony of the first degree, 1,099
and the court shall impose as a mandatory prison term the maximum 1,100
prison term prescribed for a felony of the first degree and may 1,101
impose an additional mandatory prison term prescribed for a major 1,102
drug offender under division (D)(3)(b) of section 2929.14 of the 1,104
Revised Code.
(6) If the drug involved in the violation is heroin or a 1,106
compound, mixture, preparation, or substance containing heroin, 1,107
whoever violates division (A) of this section is guilty of 1,109
trafficking in heroin. The penalty for the offense shall be
determined as follows: 1,110
(a) Except as otherwise provided in division (C)(6)(b), 1,113
(c), (d), (e), (f), or (g) of this section, trafficking in heroin 1,115
is a felony of the fifth degree, and division (C) of section 1,116
2929.13 of the Revised Code applies in determining whether to
27
impose a prison term on the offender. 1,118
(b) Except as otherwise provided in division (C)(6)(c), 1,121
(d), (e), (f), or (g) of this section, if the offense was 1,122
committed in the vicinity of a school or in the vicinity of a 1,125
juvenile, trafficking in heroin is a felony of the fourth degree, 1,126
and division (C) of section 2929.13 of the Revised Code applies 1,128
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the 1,130
amount of the drug involved exceeds one gram but does not exceed 1,132
five grams, trafficking in heroin is a felony of the fourth 1,133
degree, and there is a presumption for a prison term for the 1,134
offense. If the amount of the drug involved is within that range 1,135
and if the offense was committed in the vicinity of a school or 1,136
in the vicinity of a juvenile, trafficking in heroin is a felony 1,137
of the third degree, and there is a presumption for a prison term 1,138
for the offense. 1,139
(d) Except as otherwise provided in this division, if the 1,141
amount of the drug involved exceeds five grams but does not 1,143
exceed ten grams, trafficking in heroin is a felony of the third 1,144
degree, and there is a presumption for a prison term for the 1,145
offense. If the amount of the drug involved is within that range 1,146
and if the offense was committed in the vicinity of a school or 1,147
in the vicinity of a juvenile, trafficking in heroin is a felony 1,148
of the second degree, and there is a presumption for a prison 1,149
term for the offense. 1,150
(e) Except as otherwise provided in this division, if the 1,152
amount of the drug involved exceeds ten grams but does not exceed 1,154
fifty grams, trafficking in heroin is a felony of the second 1,155
degree, and the court shall impose as a mandatory prison term one 1,156
of the prison terms prescribed for a felony of the second degree. 1,157
If the amount of the drug involved is within that range and if 1,158
the offense was committed in the vicinity of a school or in the 1,159
vicinity of a juvenile, trafficking in heroin is a felony of the 1,160
first degree, and the court shall impose as a mandatory prison 1,161
28
term one of the prison terms prescribed for a felony of the first 1,162
degree. 1,163
(f) If the amount of the drug involved exceeds fifty grams 1,166
but does not exceed two hundred fifty grams and regardless of
whether the offense was committed in the vicinity of a school or 1,167
in the vicinity of a juvenile, trafficking in heroin is a felony 1,169
of the first degree, and the court shall impose as a mandatory 1,170
prison term one of the prison terms prescribed for a felony of 1,171
the first degree.
(g) If the amount of the drug involved exceeds two hundred 1,174
fifty grams and regardless of whether the offense was committed
in the vicinity of a school or in the vicinity of a juvenile, 1,175
trafficking in heroin is a felony of the first degree, and the 1,178
court shall impose as a mandatory prison term the maximum prison 1,179
term prescribed for a felony of the first degree and may impose 1,180
an additional mandatory prison term prescribed for a major drug 1,181
offender under division (D)(3)(b) of section 2929.14 of the 1,182
Revised Code. 1,183
(7) If the drug involved in the violation is hashish or a 1,185
compound, mixture, preparation, or substance containing hashish, 1,186
whoever violates division (A) of this section is guilty of 1,188
trafficking in hashish. The penalty for the offense shall be
determined as follows: 1,189
(a) Except as otherwise provided in division (C)(7)(b), 1,192
(c), (d), (e), or (f) of this section, trafficking in hashish is 1,194
a felony of the fifth degree, and division (C) of section 2929.13 1,195
of the Revised Code applies in determining whether to impose a 1,197
prison term on the offender.
(b) Except as otherwise provided in division (C)(7)(c), 1,200
(d), (e), or (f) of this section, if the offense was committed in 1,201
the vicinity of a school or in the vicinity of a juvenile, 1,203
trafficking in hashish is a felony of the fourth degree, and 1,204
division (C) of section 2929.13 of the Revised Code applies in 1,205
determining whether to impose a prison term on the offender. 1,206
29
(c) Except as otherwise provided in this division, if the 1,208
amount of the drug involved exceeds ten grams but does not exceed 1,209
fifty grams of hashish in a solid form or exceeds two grams but 1,210
does not exceed ten grams of hashish in a liquid concentrate, 1,211
liquid extract, or liquid distillate form, trafficking in hashish 1,212
is a felony of the fourth degree, and division (C) of section 1,213
2929.13 of the Revised Code applies in determining whether to 1,214
impose a prison term on the offender. If the amount of the drug 1,215
involved is within that range and if the offense was committed in 1,216
the vicinity of a school or in the vicinity of a juvenile, 1,217
trafficking in hashish is a felony of the third degree, and 1,218
division (C) of section 2929.13 of the Revised Code applies in 1,219
determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the 1,221
amount of the drug involved exceeds fifty grams but does not 1,222
exceed two hundred fifty grams of hashish in a solid form or 1,223
exceeds ten grams but does not exceed fifty grams of hashish in a 1,224
liquid concentrate, liquid extract, or liquid distillate form, 1,225
trafficking in hashish is a felony of the third degree, and 1,227
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If 1,228
the amount of the drug involved is within that range and if the 1,230
offense was committed in the vicinity of a school or in the 1,231
vicinity of a juvenile, trafficking in hashish is a felony of the 1,232
second degree, and there is a presumption that a prison term 1,233
shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the 1,235
amount of the drug involved exceeds two hundred fifty grams but 1,236
does not exceed one thousand grams of hashish in a solid form or 1,237
exceeds fifty grams but does not exceed two hundred grams of 1,238
hashish in a liquid concentrate, liquid extract, or liquid 1,240
distillate form, trafficking in hashish is a felony of the third 1,241
degree, and there is a presumption that a prison term shall be
imposed for the offense. If the amount of the drug involved is 1,242
30
within that range and if the offense was committed in the 1,243
vicinity of a school or in the vicinity of a juvenile, 1,244
trafficking in hashish is a felony of the second degree, and 1,245
there is a presumption that a prison term shall be imposed for 1,246
the offense.
(f) Except as otherwise provided in this division, if the 1,248
amount of the drug involved exceeds one thousand grams of hashish 1,250
in a solid form or exceeds two hundred grams of hashish in a 1,251
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the second degree, and the 1,253
court shall impose as a mandatory prison term the maximum prison 1,254
term prescribed for a felony of the second degree. If the amount 1,255
of the drug involved exceeds one thousand grams of hashish in a 1,257
solid form or exceeds two hundred grams of hashish in a liquid 1,258
concentrate, liquid extract, or liquid distillate form and if the 1,259
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of the 1,261
first degree, and the court shall impose as a mandatory prison 1,262
term the maximum prison term prescribed for a felony of the first 1,263
degree.
(D) In addition to any prison term authorized or required 1,266
by division (C) of this section and sections 2929.13 and 2929.14 1,267
of the Revised Code, and in addition to any other sanction 1,268
imposed for the offense under this section or sections 2929.11 to 1,269
2929.18 of the Revised Code, the court that sentences an offender 1,270
who is convicted of or pleads guilty to a violation of division 1,271
(A) of this section shall do all of the following that are 1,273
applicable regarding the offender:
(1) If the violation of division (A) of this section is a 1,276
felony of the first, second, or third degree, the court shall 1,277
impose upon the offender the mandatory fine specified for the 1,278
offense under division (B)(1) of section 2929.18 of the Revised 1,279
Code unless, as specified in that division, the court determines 1,280
that the offender is indigent. Except as otherwise provided in 1,281
31
division (H)(1) of this section, a mandatory fine or any other 1,282
fine imposed for a violation of this section is subject to 1,283
division (F) of this section. If a person is charged with a 1,284
violation of this section that is a felony of the first, second, 1,285
or third degree, posts bail, and forfeits the bail, the clerk of 1,286
the court shall pay the forfeited bail pursuant to divisions 1,288
(D)(1) and (F) of this section, as if the forfeited bail was a 1,289
fine imposed for a violation of this section. If any amount of 1,290
the forfeited bail remains after that payment and if a fine is 1,291
imposed under division (H)(1) of this section, the clerk of the 1,292
court shall pay the remaining amount of the forfeited bail 1,293
pursuant to divisions (H)(2) and (3) of this section, as if that 1,294
remaining amount was a fine imposed under division (H)(1) of this
section. 1,295
(2) The court shall revoke or suspend the driver's or 1,297
commercial driver's license or permit of the offender in 1,298
accordance with division (G) of this section. 1,299
(3) If the offender is a professionally licensed person or 1,302
a person who has been admitted to the bar by order of the supreme 1,303
court in compliance with its prescribed and published rules, the 1,304
court forthwith shall comply with section 2925.38 of the Revised 1,305
Code.
(E) When a person is charged with the sale of or offer to 1,308
sell a bulk amount or a multiple of a bulk amount of a controlled 1,309
substance, the jury, or the court trying the accused, shall 1,311
determine the amount of the controlled substance involved at the 1,312
time of the offense and, if a guilty verdict is returned, shall 1,313
return the findings as part of the verdict. In any such case, it 1,314
is unnecessary to find and return the exact amount of the 1,315
controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the 1,316
controlled substance involved is the requisite amount, or that 1,318
the amount of the controlled substance involved is less than the 1,319
requisite amount. 1,320
32
(F)(1) Notwithstanding any contrary provision of section 1,323
3719.21 of the Revised Code and except as provided in division 1,324
(H) of this section, the clerk of the court shall pay any 1,325
mandatory fine imposed pursuant to division (D)(1) of this 1,328
section and any fine other than a mandatory fine that is imposed 1,329
for a violation of this section pursuant to division (A) or 1,330
(B)(5) of section 2929.18 of the Revised Code to the county, 1,332
township, municipal corporation, park district, as created 1,333
pursuant to section 511.18 or 1545.04 of the Revised Code, or 1,334
state law enforcement agencies in this state that primarily were 1,335
responsible for or involved in making the arrest of, and in 1,336
prosecuting, the offender. However, the clerk shall not pay a 1,337
mandatory fine so imposed to a law enforcement agency unless the 1,338
agency has adopted a written internal control policy under 1,339
division (F)(2) of this section that addresses the use of the 1,341
fine moneys that it receives. Each agency shall use the 1,343
mandatory fines so paid to subsidize the agency's law enforcement
efforts that pertain to drug offenses, in accordance with the 1,345
written internal control policy adopted by the recipient agency 1,346
under division (F)(2) of this section. 1,347
(2)(a) Prior to receiving any fine moneys under division 1,349
(F)(1) of this section or division (B)(5) of section 2925.42 of 1,352
the Revised Code, a law enforcement agency shall adopt a written 1,353
internal control policy that addresses the agency's use and 1,354
disposition of all fine moneys so received and that provides for 1,355
the keeping of detailed financial records of the receipts of 1,356
those fine moneys, the general types of expenditures made out of 1,357
those fine moneys, and the specific amount of each general type 1,358
of expenditure. The policy shall not provide for or permit the 1,359
identification of any specific expenditure that is made in an 1,360
ongoing investigation. All financial records of the receipts of 1,361
those fine moneys, the general types of expenditures made out of 1,362
those fine moneys, and the specific amount of each general type 1,363
of expenditure by an agency are public records open for 1,364
33
inspection under section 149.43 of the Revised Code. 1,365
Additionally, a written internal control policy adopted under 1,366
this division is such a public record, and the agency that 1,367
adopted it shall comply with it. 1,368
(b) Each law enforcement agency that receives in any 1,370
calendar year any fine moneys under division (F)(1) of this 1,371
section or division (B)(5) of section 2925.42 of the Revised Code 1,372
shall prepare a report covering the calendar year that cumulates 1,373
all of the information contained in all of the public financial 1,374
records kept by the agency pursuant to division (F)(2)(a) of this 1,376
section for that calendar year, and shall send a copy of the 1,377
cumulative report, no later than the first day of March in the 1,378
calendar year following the calendar year covered by the report, 1,379
to the attorney general. Each report received by the attorney 1,380
general is a public record open for inspection under section 1,381
149.43 of the Revised Code. The attorney general shall make 1,382
copies of each report received, and, no NOT later than the 1,383
fifteenth day of April in the calendar year in which the report 1,385
is REPORTS ARE received, THE ATTORNEY GENERAL shall send a copy 1,386
of it to the president of the senate and the speaker of the house 1,388
of representatives A WRITTEN NOTIFICATION THAT DOES ALL OF THE 1,389
FOLLOWING: 1,390
(i) LISTS THE REPORTS AND INDICATES WHICH LAW ENFORCEMENT 1,393
AGENCIES SENT THE REPORTS THAT THE ATTORNEY GENERAL HAS RECEIVED 1,394
COVERING THE PREVIOUS CALENDAR YEAR; 1,395
(ii) INDICATES THAT THE REPORTS ARE OPEN FOR INSPECTION 1,398
UNDER SECTION 149.43 OF THE REVISED CODE; 1,399
(iii) INDICATES THAT THE ATTORNEY GENERAL WILL PROVIDE A 1,402
COPY OF ANY OR ALL OF THE REPORTS TO THE PRESIDENT OF THE SENATE 1,403
OR THE SPEAKER OF THE HOUSE OF REPRESENTATIVES UPON REQUEST. 1,404
(3) As used in division (F) of this section: 1,407
(a) "Law enforcement agencies" includes, but is not 1,409
limited to, the state board of pharmacy and the office of a 1,410
prosecutor. 1,411
34
(b) "Prosecutor" has the same meaning as in section 1,413
2935.01 of the Revised Code. 1,414
(G) When required under division (D)(2) of this section, 1,418
the court either shall revoke or, if it does not revoke, shall 1,419
suspend for not less than six months or more than five years, the 1,420
driver's or commercial driver's license or permit of any person 1,422
who is convicted of or pleads guilty to a violation of this 1,424
section that is a felony of the first degree and shall suspend 1,425
for not less than six months or more than five years the driver's 1,427
or commercial driver's license or permit of any person who is 1,429
convicted of or pleads guilty to any other violation of this 1,430
section. If an offender's driver's or commercial driver's 1,431
license or permit is revoked pursuant to this division, the 1,433
offender, at any time after the expiration of two years from the 1,434
day on which the offender's sentence was imposed or from the day 1,435
on which the offender finally was released from a prison term 1,438
under the sentence, whichever is later, may file a motion with 1,439
the sentencing court requesting termination of the revocation; 1,440
upon the filing of such a motion and the court's finding of good 1,441
cause for the termination, the court may terminate the 1,442
revocation.
(H)(1) In addition to any prison term authorized or 1,445
required by division (C) of this section and sections 2929.13 and 1,446
2929.14 of the Revised Code, in addition to any other penalty or 1,448
sanction imposed for the offense under this section or sections 1,449
2929.11 to 2929.181 of the Revised Code, and in addition to the 1,450
forfeiture of property in connection with the offense as 1,451
prescribed in sections 2925.42 to 2925.45 of the Revised Code, 1,453
the court that sentences an offender who is convicted of or 1,454
pleads guilty to a violation of division (A) of this section may 1,455
impose upon the offender an additional fine specified for the 1,456
offense in division (B)(4) of section 2929.18 of the Revised 1,458
Code. A fine imposed under division (H)(1) of this section is 1,460
not subject to division (F) of this section and shall be used 1,461
35
solely for the support of one or more eligible alcohol and drug 1,462
addiction programs in accordance with divisions (H)(2) and (3) of 1,463
this section.
(2) The court that imposes a fine under division (H)(1) of 1,466
this section shall specify in the judgment that imposes the fine 1,467
one or more eligible alcohol and drug addiction programs for the 1,468
support of which the fine money is to be used. No alcohol and 1,469
drug addiction program shall receive or use money paid or 1,470
collected in satisfaction of a fine imposed under division (H)(1) 1,472
of this section unless the program is specified in the judgment 1,473
that imposes the fine. No alcohol and drug addiction program 1,474
shall be specified in the judgment unless the program is an 1,475
eligible alcohol and drug addiction program and, except as 1,476
otherwise provided in division (H)(2) of this section, unless the 1,478
program is located in the county in which the court that imposes 1,479
the fine is located or in a county that is immediately contiguous 1,480
to the county in which that court is located. If no eligible 1,481
alcohol and drug addiction program is located in any of those 1,482
counties, the judgment may specify an eligible alcohol and drug 1,483
addiction program that is located anywhere within this state. 1,484
(3) Notwithstanding any contrary provision of section 1,486
3719.21 of the Revised Code, the clerk of the court shall pay any 1,488
fine imposed under division (H)(1) of this section to the 1,489
eligible alcohol and drug addiction program specified pursuant to 1,490
division (H)(2) of this section in the judgment. The eligible 1,491
alcohol and drug addiction program that receives the fine moneys 1,492
shall use the moneys only for the alcohol and drug addiction 1,493
services identified in the application for certification under 1,494
section 3793.06 of the Revised Code or in the application for a 1,495
license under section 3793.11 of the Revised Code filed with the 1,497
department of alcohol and drug addiction services by the alcohol
and drug addiction program specified in the judgment. 1,498
(4) Each alcohol and drug addiction program that receives 1,500
in a calendar year any fine moneys under division (H)(3) of this 1,502
36
section shall file an annual report covering that calendar year 1,503
with the court of common pleas and the board of county 1,504
commissioners of the county in which the program is located, with 1,505
the court of common pleas and the board of county commissioners 1,506
of each county from which the program received the moneys if that 1,507
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug 1,508
addiction program shall file the report no later than the first 1,509
day of March in the calendar year following the calendar year in 1,511
which the program received the fine moneys. The report shall 1,512
include statistics on the number of persons served by the alcohol 1,513
and drug addiction program, identify the types of alcohol and 1,514
drug addiction services provided to those persons, and include a 1,515
specific accounting of the purposes for which the fine moneys 1,516
received were used. No information contained in the report shall 1,517
identify, or enable a person to determine the identity of, any 1,518
person served by the alcohol and drug addiction program. Each 1,519
report received by a court of common pleas, a board of county 1,520
commissioners, or the attorney general is a public record open 1,521
for inspection under section 149.43 of the Revised Code. 1,522
(5) As used in divisions (H)(1) to (5) of this section: 1,524
(a) "Alcohol and drug addiction program" and "alcohol and 1,527
drug addiction services" have the same meanings as in section 1,528
3793.01 of the Revised Code.
(b) "Eligible alcohol and drug addiction program" means an 1,531
alcohol and drug addiction program that is certified under 1,532
section 3793.06 of the Revised Code or licensed under section 1,533
3793.11 of the Revised Code by the department of alcohol and drug 1,535
addiction services.
Sec. 2933.41. (A)(1) Any property, other than contraband 1,542
that is subject to the provisions of section 2913.34 or 2933.43 1,544
of the Revised Code, other than property that is subject to 1,545
section 3719.141 of the Revised Code, other than property that is 1,546
forfeited under sections 2925.41 to 2925.45 of the Revised Code, 1,547
37
other than a vehicle that is criminally forfeited under an order 1,548
issued under section 4503.233 or 4503.234 of the Revised Code and 1,549
that is to be disposed of under section 4503.234 of the Revised 1,550
Code, other than property that has been lawfully seized under 1,551
sections 2933.71 to 2933.75 of the Revised Code in relation to a 1,552
medicaid fraud offense, and other than property that has been 1,553
lawfully seized in relation to a violation of section 2923.32 of 1,554
the Revised Code, that has been lost, abandoned, stolen, seized 1,555
pursuant to a search warrant, or otherwise lawfully seized or 1,556
forfeited, and that is in the custody of a law enforcement agency 1,558
shall be kept safely pending the time it no longer is needed as 1,559
evidence and shall be disposed of pursuant to this section. Each 1,560
law enforcement agency that has custody of any property that is 1,561
subject to this section shall adopt a written internal control 1,562
policy that addresses the keeping of detailed records as to the 1,563
amount of property taken in by the agency, that addresses the 1,564
agency's disposition of the property under this section, that 1,565
provides for the keeping of detailed records of the disposition 1,566
of the property, and that provides for the keeping of detailed 1,567
financial records of the amount and disposition of any proceeds 1,568
of a sale of the property under division (D)(8) of this section 1,569
and of the general types of expenditures made out of the proceeds 1,570
retained by the agency and the specific amount expended on each 1,571
general type of expenditure. The policy shall not provide for or 1,572
permit the identification of any specific expenditure that is 1,573
made in an ongoing investigation. The policy is a public record 1,574
open for inspection under section 149.43 of the Revised Code. 1,575
(2)(a) Every law enforcement agency that has any lost, 1,577
abandoned, stolen, seized, or forfeited property as described in 1,578
division (A)(1) of this section in its custody shall comply with 1,579
its written internal control policy adopted under that division 1,580
relative to the property. Each agency that has any property of 1,582
that nature in its custody, except for property to be disposed of 1,583
under division (D)(4) of this section, shall maintain an accurate 1,584
38
record, in accordance with its written internal control policy, 1,585
of each item of the property. The record shall include the date 1,586
on which each item of property came into the agency's custody, 1,587
the manner in which it was disposed of, the date of its 1,588
disposition, the name of the person who received the property if 1,589
it was not destroyed, and all other information required by the 1,590
agency's written internal control policy; however, the record 1,591
shall not identify or enable the identification of the individual 1,592
officer who seized any item of property. The record of any 1,593
property that no longer is needed as evidence, and all financial 1,594
records of the amount and disposition of any proceeds of a sale 1,595
under division (D)(8) of this section and of the general types of 1,596
expenditures made out of the proceeds retained by the agency and 1,597
the specific amount of each general type of expenditure, shall be 1,598
open to public inspection during the agency's regular business 1,599
hours. 1,600
Each law enforcement agency that, during any calendar year, 1,602
has any seized or forfeited property as described in division 1,603
(A)(1) of this section in its custody shall prepare a report 1,604
covering the calendar year that cumulates all of the information 1,605
contained in all of the records kept by the agency pursuant to 1,606
this division for that calendar year and shall send a copy of the 1,608
cumulative report, no later than the first day of March in the 1,609
calendar year following the calendar year covered by the report, 1,610
to the attorney general. Each report received by the attorney 1,611
general is a public record open for inspection under section 1,612
149.43 of the Revised Code. The attorney general shall make 1,613
copies of each report received and, no later than the fifteenth 1,614
day of April in the calendar year in which the report is 1,615
received, shall send a copy of it to the president of the senate 1,616
and the speaker of the house of representatives.
(b) Each law enforcement agency that receives in any 1,618
calendar year any proceeds of a sale under division (D)(8) of 1,619
this section shall prepare a report covering the calendar year 1,620
39
that cumulates all of the information contained in all of the 1,621
public financial records kept by the agency pursuant to division 1,622
(D)(2)(a) of this section for that calendar year and shall send a 1,624
copy of the cumulative report, no later than the first day of
March in the calendar year following the calendar year covered by 1,625
the report, to the attorney general. Each report received by the 1,626
attorney general is a public record open for inspection under 1,627
section 149.43 of the Revised Code. The attorney general shall 1,628
make copies of each report received and, no later than the 1,629
fifteenth day of April in the calendar year in which the report 1,630
is received, shall send a copy of it to the president of the 1,631
senate and the speaker of the house of representatives. 1,632
(c) NOT LATER THAN THE FIFTEENTH DAY OF APRIL IN THE 1,634
CALENDAR YEAR IN WHICH REPORTS ARE SENT TO THE ATTORNEY GENERAL 1,635
UNDER DIVISIONS (A)(2)(a) AND (b) OF THIS SECTION, THE ATTORNEY 1,638
GENERAL SHALL SEND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER
OF THE HOUSE OF REPRESENTATIVES A WRITTEN NOTIFICATION THAT DOES 1,639
ALL OF THE FOLLOWING: 1,640
(i) LISTS THE REPORTS AND INDICATES WHICH LAW ENFORCEMENT 1,643
AGENCIES SENT THE REPORTS THAT THE ATTORNEY GENERAL HAS RECEIVED 1,644
COVERING THE PREVIOUS CALENDAR YEAR; 1,645
(ii) INDICATES THAT THE REPORTS ARE OPEN FOR INSPECTION 1,648
UNDER SECTION 149.43 OF THE REVISED CODE; 1,649
(iii) INDICATES THAT THE ATTORNEY GENERAL WILL PROVIDE A 1,652
COPY OF ANY OR ALL OF THE REPORTS TO THE PRESIDENT OF THE SENATE 1,653
OR THE SPEAKER OF THE HOUSE OF REPRESENTATIVES UPON REQUEST. 1,654
(B) A law enforcement agency that has property in its 1,656
possession that is required to be disposed of pursuant to this 1,657
section shall make a reasonable effort to locate the persons 1,658
entitled to possession of the property in its custody, to notify 1,659
them of when and where it may be claimed, and to return the 1,660
property to them at the earliest possible time. In the absence 1,661
of evidence identifying persons entitled to possession, it is 1,662
sufficient notice to advertise in a newspaper of general 1,663
40
circulation in the county, briefly describing the nature of the 1,664
property in custody and inviting persons to view and establish 1,665
their right to it. 1,666
(C) A person loses any right that the person may have to 1,668
the possession, or the possession and ownership, of property if 1,669
any of the following applies: 1,670
(1) The property was the subject, or was used in a 1,672
conspiracy or attempt to commit, or in the commission, of an 1,673
offense other than a traffic offense, and the person is a 1,674
conspirator, accomplice, or offender with respect to the offense. 1,675
(2) A court determines that the property should be 1,677
forfeited because, in light of the nature of the property or the 1,678
circumstances of the person, it is unlawful for the person to 1,679
acquire or possess the property. 1,680
(D) Unclaimed or forfeited property in the custody of a 1,682
law enforcement agency, other than contraband that is subject to 1,683
the provisions of section 2913.34 or 2933.43 of the Revised Code, 1,685
other than property forfeited under sections 2925.41 to 2925.45 1,686
of the Revised Code, and other than property that has been 1,687
lawfully seized in relation to a violation of section 2923.32 of 1,688
the Revised Code, shall be disposed of on application to and 1,689
order of any court of record that has territorial jurisdiction 1,690
over the political subdivision in which the law enforcement 1,691
agency has jurisdiction to engage in law enforcement activities, 1,692
as follows:
(1) Drugs shall be disposed of pursuant to section 3719.11 1,694
of the Revised Code or placed in the custody of the secretary of 1,695
the treasury of the United States for disposal or use for medical 1,696
or scientific purposes under applicable federal law. 1,697
(2) Firearms and dangerous ordnance suitable for police 1,699
work may be given to a law enforcement agency for that purpose. 1,700
Firearms suitable for sporting use or as museum pieces or 1,701
collectors' items may be sold at public auction pursuant to 1,702
division (D)(8) of this section. Other firearms and dangerous 1,703
41
ordnance shall be destroyed by the agency or shall be sent to the 1,704
bureau of criminal identification and investigation for 1,705
destruction by the bureau. 1,706
(3) Obscene materials shall be destroyed. 1,708
(4) Beer, intoxicating liquor, or alcohol seized from a 1,710
person who is not the holder of a permit issued under Chapters 1,711
4301. and 4303. of the Revised Code or is an offender and 1,712
forfeited to the state under section 4301.45 or 4301.53 of the 1,713
Revised Code shall be sold by the division of liquor control, if 1,715
the division determines that the beer, intoxicating liquor, or 1,716
alcohol is fit for sale. If any tax imposed under Title XLIII of 1,717
the Revised Code has not been paid in relation to the beer,
intoxicating liquor, or alcohol, the proceeds of the sale shall 1,718
first be used to pay the tax. All other money collected under 1,719
division (D)(4) of this section shall be paid into the state 1,720
treasury. Any such beer, intoxicating liquor, or alcohol that 1,721
the division determines to be unfit for sale shall be destroyed. 1,723
(5) Money received by an inmate of a correctional 1,725
institution from an unauthorized source or in an unauthorized 1,726
manner shall be returned to the sender, if known, or deposited in 1,727
the inmates' industrial and entertainment fund if the sender is 1,728
not known. 1,729
(6) Vehicles and vehicle parts forfeited under sections 1,731
4549.61 to 4549.63 of the Revised Code may be given to a law 1,732
enforcement agency for use in the performance of its duties. 1,733
Those parts may be incorporated into any other official vehicle. 1,734
Parts that do not bear vehicle identification numbers or 1,735
derivatives of them may be sold or disposed of as provided by 1,736
rules of the director of public safety. Parts from which a 1,737
vehicle identification number or derivative of it has been 1,738
removed, defaced, covered, altered, or destroyed and that are not 1,739
suitable for police work or incorporation into an official 1,740
vehicle shall be destroyed and sold as junk or scrap. 1,741
(7)(a) Computers, computer networks, computer systems, and 1,743
42
computer software suitable for police work may be given to a law 1,744
enforcement agency for that purpose. Other computers, computer 1,745
networks, computer systems, and computer software shall be 1,746
disposed of pursuant to division (D)(8) of this section. 1,747
(b) As used in this section, "computers," "computer 1,749
networks," "computer systems," and "computer software" have the 1,750
same meanings as in section 2913.01 of the Revised Code. 1,751
(8) Other unclaimed or forfeited property, with the 1,753
approval of the court, may be used by the law enforcement agency 1,754
that has possession of it. If the other unclaimed or forfeited 1,755
property is not used by the law enforcement agency, it may be 1,756
sold, without appraisal, at a public auction to the highest 1,757
bidder for cash, or, in the case of other unclaimed or forfeited 1,758
moneys, disposed of in another manner that the court considers 1,759
proper in the circumstances. 1,760
(E)(1)(a) If the property was in the possession of the law 1,763
enforcement agency in relation to a delinquent child proceeding 1,764
in a juvenile court, ten per cent of the proceeds from property 1,765
disposed of pursuant to this section shall be applied to one or 1,766
more alcohol and drug addiction treatment programs that are 1,767
certified by the department of alcohol and drug addiction
services under section 3793.06 of the Revised Code and that are 1,769
specified by the court in its order issued under division (D) of 1,770
this section. A juvenile court shall not specify an alcohol or 1,772
drug addiction treatment program in the order unless the program 1,774
is a certified alcohol and drug addiction treatment program and, 1,775
except as provided in division (E)(1)(a) of this section, unless 1,776
the program is located in the county in which the court that 1,778
issues the orders is located or in a contiguous county. If no 1,779
certified alcohol and drug addiction treatment program is located 1,780
in any of those counties, the juvenile court may specify in the
order a certified alcohol and drug addiction treatment program 1,783
located anywhere within this state. The remaining ninety per 1,784
cent of the proceeds shall be applied as provided in divisions 1,785
43
(E)(1)(b) of this section. 1,786
If the property was in the possession of the law 1,788
enforcement agency other than in relation to a delinquent child 1,789
proceeding in a juvenile court, all of the proceeds from property 1,790
disposed of pursuant to this section shall be applied as provided 1,791
in division (E)(1)(b) of this section. 1,792
(b) Except as provided in divisions (D)(4), (5), and 1,794
(E)(2) of this section and after compliance with division 1,795
(E)(1)(a) of this section when that division is applicable, the 1,797
proceeds from property disposed of pursuant to this section shall 1,799
be placed in the general fund of the state, the county, the 1,800
township, or the municipal corporation, of which the law 1,801
enforcement agency involved is an agency. 1,802
(2) Each board of county commissioners that recognizes a 1,804
citizens' reward program as provided in section 9.92 of the 1,805
Revised Code shall notify each law enforcement agency of that 1,806
county and each law enforcement agency of a township or municipal 1,807
corporation wholly located in that county of the official 1,808
recognition of the citizens' reward program by filing a copy of 1,809
its resolution conferring that recognition with each of those law 1,811
enforcement agencies. When the board of county commissioners of 1,812
a county recognizes a citizens' reward program and the county 1,813
includes a part, but not all, of the territory of a municipal 1,814
corporation, the board shall so notify the law enforcement agency 1,815
of that municipal corporation of the official recognition of the 1,816
citizens' reward program only if the county contains the highest 1,817
percentage of the municipal corporation's population. Upon 1,818
receipt of a notice of that nature, each law enforcement agency 1,820
shall pay twenty-five per cent of the proceeds from each sale of 1,821
property disposed of pursuant to this section to the citizens' 1,822
reward program for use exclusively for the payment of rewards. 1,823
No part of those funds may be used to pay for the administrative 1,824
expenses or any other expenses associated with a citizens' reward 1,825
program. If a citizens' reward program that operates in more 1,826
44
than one county or in another state or states in addition to this 1,827
state receives funds pursuant to this section, the funds shall be 1,828
used to pay rewards only for tips and information to law 1,829
enforcement agencies concerning felonies, offenses of violence, 1,830
or misdemeanors that have been committed in the county from which 1,831
the funds were received. 1,832
(F) This section does not apply to the collection, 1,834
storage, or disposal of abandoned junk motor vehicles. This 1,835
section shall not be construed to rescind or restrict the 1,836
authority of a municipal law enforcement agency to keep and 1,837
dispose of lost, abandoned, stolen, seized, or forfeited property 1,838
under an ordinance of the municipal corporation, provided that, 1,839
when a municipal corporation that has received notice as provided 1,840
in division (E)(2) of this section disposes of property under an 1,842
ordinance of that nature, it shall pay twenty-five per cent of 1,843
the proceeds from any sale or auction to the citizens' reward 1,844
program as provided under that division. 1,845
(G) The receipt of funds by a citizens' reward program 1,847
pursuant to division (E) of this section does not make it a 1,848
governmental unit for purposes of section 149.43 of the Revised 1,849
Code and does not subject it to the disclosure provisions of that 1,850
section. 1,851
(H) For purposes of this section, "law enforcement agency" 1,853
includes correctional institutions. As used in this section, 1,854
"citizens' reward program" has the same meaning as in section 1,855
9.92 of the Revised Code. 1,856
Sec. 2933.43. (A)(1) Except as provided in this division 1,865
or in section 2913.34 or sections 2925.41 to 2925.45 of the 1,867
Revised Code, a law enforcement officer shall seize any 1,868
contraband that has been, is being, or is intended to be used in 1,869
violation of division (A) of section 2933.42 of the Revised Code. 1,870
A law enforcement officer shall seize contraband that is a 1,871
watercraft, motor vehicle, or aircraft and that has been, is 1,872
being, or is intended to be used in violation of division (A) of 1,873
45
section 2933.42 of the Revised Code only if the watercraft, motor 1,874
vehicle, or aircraft is contraband because of its relationship to 1,875
an underlying criminal offense that is a felony. 1,876
Additionally, a law enforcement officer shall seize any 1,878
watercraft, motor vehicle, aircraft, or other personal property 1,879
that is classified as contraband under division (B) of section 1,880
2933.42 of the Revised Code if the underlying offense involved in 1,881
the violation of division (A) of that section that resulted in 1,882
the watercraft, motor vehicle, aircraft, or personal property 1,883
being classified as contraband, is a felony. 1,884
(2) If a law enforcement officer seizes property that is 1,886
titled or registered under law, including a motor vehicle, 1,887
pursuant to division (A)(1) of this section, the officer or the 1,888
officer's employing law enforcement agency shall notify the owner 1,889
of the seizure. The notification shall be given to the owner at 1,890
the owner's last known address within seventy-two hours after the 1,891
seizure, and may be given orally by any means, including 1,892
telephone, or by certified mail, return receipt requested. 1,893
If the officer or the officer's agency is unable to provide 1,895
the notice required by this division despite reasonable, good 1,896
faith efforts to do so, the exercise of the reasonable, good 1,897
faith efforts constitutes fulfillment of the notice requirement 1,898
imposed by this division. 1,899
(B)(1) A motor vehicle seized pursuant to division (A)(1) 1,901
of this section and the contents of the vehicle may be retained 1,902
for a reasonable period of time, not to exceed seventy-two hours, 1,903
for the purpose of inspection, investigation, and the gathering 1,904
of evidence of any offense or illegal use. 1,905
At any time prior to the expiration of the seventy-two-hour 1,907
period, the law enforcement agency that seized the motor vehicle 1,908
may petition the court of common pleas of the county that has 1,909
jurisdiction over the underlying criminal case or administrative 1,910
proceeding involved in the forfeiture for an extension of the 1,911
seventy-two-hour period if the motor vehicle or its contents are 1,912
46
needed as evidence or if additional time is needed for the 1,913
inspection, investigation, or gathering of evidence. Upon the 1,914
filing of such a petition, the court immediately shall schedule a 1,915
hearing to be held at a time as soon as possible after the 1,916
filing, but in no event at a time later than the end of the next 1,917
business day subsequent to the day on which the petition was 1,918
filed, and upon scheduling the hearing, immediately shall notify 1,919
the owner of the vehicle, at the address at which notification of 1,920
the seizure was provided under division (A) of this section, of 1,921
the date, time, and place of the hearing. If the court, at the 1,922
hearing, determines that the vehicle or its contents, or both, 1,923
are needed as evidence or that additional time is needed for the 1,924
inspection, investigation, or gathering of evidence, the court 1,925
may grant the petition and issue an order authorizing the 1,926
retention of the vehicle or its contents, or both, for an 1,927
extended period as specified by the court in its order. An order 1,928
extending a period of retention issued under this division may be 1,929
renewed. 1,930
If no petition for the extension of the initial 1,932
seventy-two-hour period has been filed, prior to the expiration 1,933
of that period, under this division, if the vehicle was not in 1,934
the custody and control of the owner at the time of its seizure, 1,935
and if, at the end of that seventy-two-hour period, the owner of 1,936
the vehicle has not been charged with an offense or 1,937
administrative violation that includes the use of the vehicle as 1,938
an element and has not been charged with any other offense or 1,939
administrative violation in the actual commission of which the 1,940
motor vehicle was used, the vehicle and its contents shall be 1,941
released to its owner or the owner's agent, provided that the law 1,942
enforcement agency that seized the vehicle may require proof of 1,943
ownership of the vehicle, proof of ownership or legal possession 1,944
of the contents, and an affidavit of the owner that the owner 1,945
neither knew of nor expressly or impliedly consented to the use 1,946
of the vehicle that resulted in its forfeiture as conditions 1,947
47
precedent to release. If a petition for the extension of the 1,948
initial seventy-two-hour period has been filed, prior to the 1,949
expiration of that period, under this division but the court does 1,950
not grant the petition, if the vehicle was not in the custody and 1,951
control of the owner at the time of its seizure, and if, at the 1,952
end of that seventy-two-hour period, the owner of the vehicle has 1,953
not been charged with an offense or administrative violation that 1,954
includes the use of the vehicle as an element and has not been 1,955
charged with any other offense or administrative violation in the 1,956
actual commission of which the motor vehicle was used, the 1,957
vehicle and its contents shall be released to its owner or the 1,958
owner's agent, provided that the court may require the proof and 1,959
affidavit described in the preceding sentence as conditions 1,960
precedent to release. If the initial seventy-two-hour period has 1,961
been extended under this division, the vehicle and its contents 1,962
to which the extension applies may be retained in accordance with 1,963
the extension order. If, at the end of that extended period, the 1,964
owner of the vehicle has not been charged with an offense or 1,965
administrative violation that includes the use of the vehicle as 1,966
an element and has not been charged with any other offense or 1,967
administrative violation in the actual commission of which the 1,968
motor vehicle was used, and if the vehicle was not in the custody 1,969
and control of the owner at the time of its seizure, the vehicle 1,970
and its contents shall be released to its owner or the owner's 1,971
agent, provided that the court may require the proof and 1,972
affidavit described in the third preceding sentence as conditions 1,973
precedent to release. In cases in which the court may require 1,974
proof and affidavits as conditions precedent to release, the 1,975
court also may require the posting of a bond, with sufficient 1,976
sureties approved by the court, in an amount equal to the value 1,977
of the property to be released, as determined by the court, and 1,978
conditioned upon the return of the property to the court if it is 1,979
forfeited under this section, as a further condition to release. 1,980
If, at the end of the initial seventy-two-hour period or at the 1,981
48
end of any extended period granted under this section, the owner 1,982
has been charged with an offense or administrative violation that 1,983
includes the use of the vehicle as an element or has been charged 1,984
with another offense or administrative violation in the actual 1,985
commission of which the motor vehicle was used, or if the vehicle 1,986
was in the custody and control of the owner at the time of its 1,987
seizure, the vehicle and its contents shall be retained pending 1,988
disposition of the charge, provided that upon the filing of a 1,989
motion for release by the owner, if the court determines that the 1,990
motor vehicle or its contents, or both, are not needed as 1,991
evidence in the underlying criminal case or administrative 1,992
proceeding, the court may permit the release of the property that 1,993
is not needed as evidence to the owner; as a condition precedent 1,994
to a release of that nature, the court may require the owner to 1,995
execute a bond with the court. Any bond so required shall be in 1,996
an amount equal to the value of the property to be released, as 1,997
determined by the court, shall have sufficient sureties approved 1,998
by the court, and shall be conditioned upon the return of the 1,999
property to the court to which it is forfeited under this 2,000
section.
The final disposition of a motor vehicle seized pursuant to 2,002
division (A)(1) of this section shall be determined in accordance 2,003
with division (C) of this section. 2,004
(2) Pending a hearing pursuant to division (C) of this 2,006
section, and subject to divisions (B)(1) and (C) of this section, 2,007
any property lawfully seized pursuant to division (A) of this 2,008
section because it was contraband of a type described in division 2,009
(A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section 2,011
2901.01 of the Revised Code shall not be subject to replevin or 2,012
other action in any court and shall not be subject to release 2,013
upon request of the owner, and no judgment shall be enforced 2,014
against the property. Pending the hearing, and subject to 2,015
divisions (B)(1) and (C) of this section, the property shall be 2,016
kept in the custody of the law enforcement agency responsible for 2,017
49
its seizure. 2,018
Pending a hearing pursuant to division (C) of this section, 2,020
and notwithstanding any provisions of division (B)(1) or (C) of 2,021
this section to the contrary, any property lawfully seized 2,022
pursuant to division (A) of this section because it was 2,023
contraband of a type described in division (A)(13)(a) or (c) of 2,025
section 2901.01 of the Revised Code shall not be subject to 2,026
replevin or other action in any court and shall not be subject to 2,027
release upon request of the owner, and no judgment shall be
enforced against the property. Pending the hearing, and 2,028
notwithstanding any provisions of division (B)(1) or (C) of this 2,029
section to the contrary, the property shall be kept in the 2,030
custody of the law enforcement agency responsible for its 2,031
seizure. 2,032
A law enforcement agency that seizes property under 2,034
division (A) of this section because it was contraband of any 2,035
type described in division (A)(13) of section 2901.01 or division 2,037
(B) of section 2933.42 of the Revised Code shall maintain an
accurate record of each item of property so seized, which record 2,038
shall include the date on which each item was seized, the manner 2,039
and date of its disposition, and if applicable, the name of the 2,040
person who received the item; however, the record shall not 2,041
identify or enable the identification of the individual officer 2,042
who seized the item. The record of property of that nature that 2,043
no longer is needed as evidence shall be open to public 2,044
inspection during the agency's regular business hours. Each law 2,045
enforcement agency that, during any calendar year, seizes 2,046
property under division (A) of this section because it was 2,047
contraband shall prepare a report covering the calendar year that 2,048
cumulates all of the information contained in all of the records 2,049
kept by the agency pursuant to this division for that calendar 2,050
year, and shall send a copy of the cumulative report, no later 2,051
than the first day of March in the calendar year following the 2,052
calendar year covered by the report, to the attorney general. 2,053
50
Each report received by the attorney general is a public record 2,054
open for inspection under section 149.43 of the Revised Code. 2,055
The attorney general shall make copies of each report received, 2,056
and, no NOT later than the fifteenth day of April in the calendar 2,057
year in which the report is REPORTS ARE received, THE ATTORNEY 2,058
GENERAL shall send a copy of it to the president of the senate 2,060
and the speaker of the house of representatives A WRITTEN 2,061
NOTIFICATION THAT DOES ALL OF THE FOLLOWING: 2,062
(a) LISTS THE REPORTS AND INDICATES WHICH LAW ENFORCEMENT 2,065
AGENCIES SENT THE REPORTS THAT THE ATTORNEY GENERAL HAS RECEIVED 2,066
COVERING THE PREVIOUS CALENDAR YEAR; 2,067
(b) INDICATES THAT THE REPORTS ARE OPEN FOR INSPECTION 2,070
UNDER SECTION 149.43 OF THE REVISED CODE; 2,071
(c) INDICATES THAT THE ATTORNEY GENERAL WILL PROVIDE A 2,074
COPY OF ANY OR ALL OF THE REPORTS TO THE PRESIDENT OF THE SENATE 2,075
OR THE SPEAKER OF THE HOUSE OF REPRESENTATIVES UPON REQUEST. 2,076
(C) The prosecuting attorney, village solicitor, city 2,078
director of law, or similar chief legal officer who has 2,079
responsibility for the prosecution of the underlying criminal 2,080
case or administrative proceeding, or the attorney general if the 2,081
attorney general has that responsibility, shall file a petition 2,082
for the forfeiture, to the seizing law enforcement agency of the 2,083
contraband seized pursuant to division (A) of this section. The 2,084
petition shall be filed in the court that has jurisdiction over 2,085
the underlying criminal case or administrative proceeding 2,086
involved in the forfeiture. If the property was seized on the 2,087
basis of both a criminal violation and an administrative 2,088
regulation violation, the petition shall be filed by the officer 2,089
and in the court that is appropriate in relation to the criminal 2,090
case. 2,091
The petitioner shall conduct or cause to be conducted a 2,093
search of the appropriate public records that relate to the 2,094
seized property for the purpose of determining, and shall make or 2,095
cause to be made reasonably diligent inquiries for the purpose of 2,096
51
determining, any person having an ownership or security interest 2,097
in the property. The petitioner then shall give notice of the 2,098
forfeiture proceedings by personal service or by certified mail, 2,099
return receipt requested, to any persons known, because of the 2,100
conduct of the search, the making of the inquiries, or otherwise, 2,101
to have an ownership or security interest in the property, and 2,102
shall publish notice of the proceedings once each week for two 2,103
consecutive weeks in a newspaper of general circulation in the 2,104
county in which the seizure occurred. The notices shall be 2,105
personally served, mailed, and first published at least four 2,106
weeks before the hearing. They shall describe the property 2,107
seized; state the date and place of seizure; name the law 2,108
enforcement agency that seized the property and, if applicable, 2,109
that is holding the property; list the time, date, and place of 2,110
the hearing; and state that any person having an ownership or 2,111
security interest in the property may contest the forfeiture. 2,112
If the property seized was determined by the seizing law 2,114
enforcement officer to be contraband because of its relationship 2,115
to an underlying criminal offense or administrative violation, no 2,116
forfeiture hearing shall be held under this section unless the 2,117
person pleads guilty to or is convicted of the commission of, or 2,118
an attempt or conspiracy to commit, the offense or a different 2,119
offense arising out of the same facts and circumstances or unless 2,120
the person admits or is adjudicated to have committed the 2,121
administrative violation or a different violation arising out of 2,122
the same facts and circumstances; a forfeiture hearing shall be 2,123
held in a case of that nature no later than forty-five days after 2,124
the conviction or the admission or adjudication of the violation, 2,125
unless the time for the hearing is extended by the court for good 2,126
cause shown. The owner of any property seized because of its 2,127
relationship to an underlying criminal offense or administrative 2,128
violation may request the court to release the property to the 2,129
owner. Upon receipt of a request of that nature, if the court 2,130
determines that the property is not needed as evidence in the 2,131
52
underlying criminal case or administrative proceeding, the court 2,132
may permit the release of the property to the owner. As a 2,133
condition precedent to a release of that nature, the court may 2,134
require the owner to execute a bond with the court. Any bond so 2,135
required shall have sufficient sureties approved by the court, 2,136
shall be in a sum equal to the value of the property, as 2,137
determined by the court, and shall be conditioned upon the return 2,138
of the property to the court if the property is forfeited under 2,139
this section. Any property seized because of its relationship to 2,140
an underlying criminal offense or administrative violation shall 2,141
be returned to its owner if charges are not filed in relation to 2,142
that underlying offense or violation within thirty days after the 2,143
seizure, if charges of that nature are filed and subsequently are 2,144
dismissed, or if charges of that nature are filed and the person 2,145
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 2,146
violation.
If the property seized was determined by the seizing law 2,148
enforcement officer to be contraband other than because of a 2,149
relationship to an underlying criminal offense or administrative 2,150
violation, the forfeiture hearing under this section shall be 2,151
held no later than forty-five days after the seizure, unless the 2,152
time for the hearing is extended by the court for good cause 2,153
shown. 2,154
Where possible, a court holding a forfeiture hearing under 2,156
this section shall follow the Rules of Civil Procedure. When a 2,157
hearing is conducted under this section, property shall be 2,158
forfeited upon a showing, by a preponderance of the evidence, by 2,159
the petitioner that the person from which the property was seized 2,160
was in violation of division (A) of section 2933.42 of the 2,161
Revised Code. If that showing is made, the court shall issue an 2,162
order of forfeiture. If an order of forfeiture is issued in 2,163
relation to contraband that was released to the owner or the 2,164
owner's agent pursuant to this division or division (B)(1) of 2,165
53
this section, the order shall require the owner to deliver the 2,166
property, by a specified date, to the law enforcement agency that 2,167
employed the law enforcement officer who made the seizure of the 2,168
property, and the court shall deliver a copy of the order to the 2,169
owner or send a copy of it by certified mail, return receipt 2,170
requested, to the owner at the address to which notice of the 2,171
seizure was given under division (A)(2) of this section. Except 2,172
as otherwise provided in this division, all rights, interest, and 2,173
title to the forfeited contraband vests in the state, effective 2,174
from the date of seizure. 2,175
No property shall be forfeited pursuant to this division if 2,177
the owner of the property establishes, by a preponderance of the 2,178
evidence, that the owner neither knew, nor should have known 2,179
after a reasonable inquiry, that the property was used, or was 2,180
likely to be used, in a crime or administrative violation. No 2,181
bona fide security interest shall be forfeited pursuant to this 2,182
division if the holder of the interest establishes, by a 2,183
preponderance of the evidence, that the holder of the interest 2,184
neither knew, nor should have known after a reasonable inquiry, 2,186
that the property was used, or likely to be used, in a crime or 2,187
administrative violation, that the holder of the interest did not 2,188
expressly or impliedly consent to the use of the property in a 2,189
crime or administrative violation, and that the security interest 2,190
was perfected pursuant to law prior to the seizure. If the 2,191
holder of the interest satisfies the court that these 2,192
requirements are met, the interest shall be preserved by the 2,193
court. In a case of that nature, the court shall either order 2,194
that the agency to which the property is forfeited reimburse the 2,195
holder of the interest to the extent of the preserved interest or 2,196
order that the holder be paid for the interest from the proceeds 2,197
of any sale pursuant to division (D) of this section. 2,198
(D)(1) Contraband ordered forfeited pursuant to this 2,200
section shall be disposed of pursuant to divisions (D)(1) to (7) 2,201
of section 2933.41 of the Revised Code or, if the contraband is 2,202
54
not described in those divisions, may be used, with the approval 2,203
of the court, by the law enforcement agency that has custody of 2,204
the contraband pursuant to division (D)(8) of that section. In 2,205
the case of contraband not described in any of those divisions 2,206
and of contraband not disposed of pursuant to any of those 2,207
divisions, the contraband shall be sold in accordance with this 2,208
division or, in the case of forfeited moneys, disposed of in 2,209
accordance with this division. If the contraband is to be sold, 2,210
the prosecuting attorney shall cause a notice of the proposed 2,211
sale of the contraband to be given in accordance with law, and 2,212
the property shall be sold, without appraisal, at a public 2,213
auction to the highest bidder for cash. The proceeds of a sale 2,214
and forfeited moneys shall be applied in the following order: 2,215
(a) First, to the payment of the costs incurred in 2,217
connection with the seizure of, storage of, maintenance of, and 2,218
provision of security for the contraband, the forfeiture 2,219
proceeding, and, if any, the sale; 2,220
(b) Second, the remaining proceeds or forfeited moneys 2,222
after compliance with division (D)(1)(a) of this section, to the 2,223
payment of the balance due on any security interest preserved 2,224
pursuant to division (C) of this section; 2,225
(c) Third, the remaining proceeds or forfeited moneys 2,227
after compliance with divisions (D)(1)(a) and (b) of this 2,228
section, as follows: 2,229
(i) If the forfeiture was ordered in a juvenile court, ten 2,231
per cent to one or more alcohol and drug addiction treatment 2,232
programs that are certified by the department of alcohol and drug 2,233
addiction services under section 3793.06 of the Revised Code and 2,234
that are specified in the order of forfeiture. A juvenile court 2,236
shall not certify an alcohol or drug addiction treatment program 2,237
in the order of forfeiture unless the program is a certified
alcohol and drug addiction treatment program and, except as 2,238
provided in division (D)(1)(c)(i) of this section, unless the 2,239
program is located in the county in which the court that orders 2,240
55
the forfeiture is located or in a contiguous county. If no 2,241
certified alcohol and drug addiction treatment program is located 2,242
in any of those counties, the juvenile court may specify in the 2,243
order a certified alcohol and drug addiction treatment program
located anywhere within this state. 2,244
(ii) If the forfeiture was ordered in a juvenile court, 2,246
ninety per cent, and if the forfeiture was ordered in a court 2,247
other than a juvenile court, one hundred per cent to the law 2,248
enforcement trust fund of the prosecuting attorney and to the law 2,250
enforcement trust fund of the county sheriff if the county 2,251
sheriff made the seizure, to the law enforcement trust fund of a 2,252
municipal corporation if its police department made the seizure, 2,253
to the law enforcement trust fund of a township if the seizure 2,254
was made by a township police department, township police 2,255
district police force, or office of a township constable, to the 2,256
law enforcement trust fund of a park district created pursuant to 2,257
section 511.18 or 1545.01 of the Revised Code if the seizure was 2,258
made by the park district police force or law enforcement 2,259
department, to the state highway patrol contraband, forfeiture, 2,260
and other fund if the state highway patrol made the seizure, to 2,261
the liquor enforcement contraband, forfeiture, and other fund if 2,262
the liquor enforcement unit of the department of public safety 2,263
made the seizure, to the food stamp contraband, forfeiture, and 2,264
other fund if the food stamp trafficking unit of the department 2,266
of public safety made the seizure, to the board of pharmacy drug 2,267
law enforcement fund created by division (B)(1) of section 2,268
4729.65 of the Revised Code if the board made the seizure, or to 2,269
the treasurer of state for deposit into the peace officer 2,270
training commission fund if a state law enforcement agency, other 2,272
than the state highway patrol, the department of public safety, 2,273
or the state board of pharmacy, made the seizure. The 2,274
prosecuting attorney may decline to accept any of the remaining 2,275
proceeds or forfeited moneys, and, if the prosecuting attorney so 2,276
declines, the remaining proceeds or forfeited moneys shall be 2,277
56
applied to the fund described in this division that relates to 2,278
the law enforcement agency that made the seizure. 2,279
A law enforcement trust fund shall be established by the 2,281
prosecuting attorney of each county who intends to receive any 2,282
remaining proceeds or forfeited moneys pursuant to this division, 2,283
by the sheriff of each county, by the legislative authority of 2,284
each municipal corporation, by the board of township trustees of 2,285
each township that has a township police department, township 2,286
police district police force, or office of the constable, and by 2,287
the board of park commissioners of each park district created 2,288
pursuant to section 511.18 or 1545.01 of the Revised Code that 2,289
has a park district police force or law enforcement department, 2,290
for the purposes of this division. There is hereby created in 2,291
the state treasury the state highway patrol contraband, 2,292
forfeiture, and other fund, the liquor enforcement contraband, 2,293
forfeiture, and other fund, the food stamp contraband, 2,294
forfeiture, and other fund, and the peace officer training 2,295
commission fund, for the purposes described in this division. 2,297
Proceeds or forfeited moneys distributed to any municipal 2,299
corporation, township, or park district law enforcement trust 2,300
fund shall be allocated from the fund by the legislative 2,301
authority only to the police department of the municipal 2,302
corporation, by the board of township trustees only to the 2,303
township police department, township police district police 2,304
force, or office of the constable, and by the board of park 2,305
commissioners only to the park district police force or law 2,306
enforcement department. 2,307
Additionally, no proceeds or forfeited moneys shall be 2,309
allocated to or used by the state highway patrol, the food stamp 2,310
trafficking unit or liquor enforcement unit of the department of 2,312
public safety, the state board of pharmacy, or a county sheriff, 2,313
prosecuting attorney, municipal corporation police department, 2,314
township police department, township police district police 2,315
force, office of the constable, or park district police force or 2,316
57
law enforcement department unless the state highway patrol, 2,317
department of public safety, state board of pharmacy, sheriff, 2,318
prosecuting attorney, municipal corporation police department, 2,319
township police department, township police district police 2,320
force, office of the constable, or park district police force or 2,321
law enforcement department has adopted a written internal control 2,322
policy under division (D)(3) of this section that addresses the 2,323
use of moneys received from the state highway patrol contraband, 2,324
forfeiture, and other fund, the liquor enforcement contraband, 2,325
forfeiture, and other fund, the food stamp contraband,
forfeiture, and other fund, the board of pharmacy drug law 2,326
enforcement fund, or the appropriate law enforcement trust fund. 2,327
The state highway patrol contraband, forfeiture, and other fund, 2,328
the liquor enforcement contraband, forfeiture, and other fund, 2,329
the food stamp contraband, forfeiture, and other fund, and a law 2,330
enforcement trust fund shall be expended only in accordance with 2,331
the written internal control policy so adopted by the recipient, 2,332
and, subject to the requirements specified in division 2,333
(D)(3)(a)(ii) of this section, only to pay the costs of 2,334
protracted or complex investigations or prosecutions, to provide 2,335
reasonable technical training or expertise, to provide matching 2,336
funds to obtain federal grants to aid law enforcement, in the 2,337
support of DARE programs or other programs designed to educate 2,338
adults or children with respect to the dangers associated with 2,339
the use of drugs of abuse, or for other law enforcement purposes 2,341
that the superintendent of the state highway patrol, department 2,342
of public safety, prosecuting attorney, county sheriff, 2,343
legislative authority, board of township trustees, or board of 2,344
park commissioners determines to be appropriate. The board of 2,345
pharmacy drug law enforcement fund shall be expended only in 2,346
accordance with the written internal control policy so adopted by 2,347
the board and only in accordance with section 4729.65 of the 2,348
Revised Code. The state highway patrol contraband, forfeiture, 2,349
and other fund, the liquor enforcement contraband, seizure, and
58
other fund, the food stamp contraband, forfeiture, and other 2,350
fund, the board of pharmacy drug law enforcement fund, and a law 2,352
enforcement trust fund shall not be used to meet the operating 2,353
costs of the state highway patrol, of the food stamp trafficking 2,354
unit or liquor enforcement unit of the department of public 2,355
safety, of the state board of pharmacy, of any political 2,356
subdivision, or of any office of a prosecuting attorney or county 2,357
sheriff that are unrelated to law enforcement.
Proceeds and forfeited moneys that are paid into the state 2,359
treasury to be deposited into the peace officer training 2,360
commission fund shall be used by the commission only to pay the 2,362
costs of peace officer training. 2,363
Any sheriff or prosecuting attorney who receives proceeds 2,365
or forfeited moneys pursuant to this division during any calendar 2,366
year shall file a report with the county auditor, no later than 2,367
the thirty-first day of January of the next calendar year, 2,368
verifying that the proceeds and forfeited moneys were expended 2,369
only for the purposes authorized by this division and division 2,370
(D)(3)(a)(ii) of this section and specifying the amounts expended 2,371
for each authorized purpose. Any municipal corporation police 2,372
department that is allocated proceeds or forfeited moneys from a 2,373
municipal corporation law enforcement trust fund pursuant to this 2,374
division during any calendar year shall file a report with the 2,375
legislative authority of the municipal corporation, no later than 2,376
the thirty-first day of January of the next calendar year, 2,377
verifying that the proceeds and forfeited moneys were expended 2,378
only for the purposes authorized by this division and division 2,379
(D)(3)(a)(ii) of this section and specifying the amounts expended 2,380
for each authorized purpose. Any township police department, 2,381
township police district police force, or office of the constable 2,382
that is allocated proceeds or forfeited moneys from a township 2,383
law enforcement trust fund pursuant to this division during any 2,384
calendar year shall file a report with the board of township 2,385
trustees of the township, no later than the thirty-first day of 2,386
59
January of the next calendar year, verifying that the proceeds 2,387
and forfeited moneys were expended only for the purposes 2,388
authorized by this division and division (D)(3)(a)(ii) of this 2,389
section and specifying the amounts expended for each authorized 2,390
purpose. Any park district police force or law enforcement 2,391
department that is allocated proceeds or forfeited moneys from a 2,392
park district law enforcement trust fund pursuant to this 2,393
division during any calendar year shall file a report with the 2,394
board of park commissioners of the park district, no later than 2,395
the thirty-first day of January of the next calendar year, 2,396
verifying that the proceeds and forfeited moneys were expended 2,397
only for the purposes authorized by this division and division 2,398
(D)(3)(a)(ii) of this section and specifying the amounts expended 2,399
for each authorized purpose. The superintendent of the state 2,400
highway patrol shall file a report with the attorney general, no 2,401
later than the thirty-first day of January of each calendar year, 2,402
verifying that proceeds and forfeited moneys paid into the state 2,403
highway patrol contraband, forfeiture, and other fund pursuant to 2,404
this division during the prior calendar year were used by the 2,405
state highway patrol during the prior calendar year only for the 2,406
purposes authorized by this division and specifying the amounts 2,407
expended for each authorized purpose. The executive director of 2,408
the state board of pharmacy shall file a report with the attorney 2,409
general, no later than the thirty-first day of January of each 2,410
calendar year, verifying that proceeds and forfeited moneys paid 2,411
into the board of pharmacy drug law enforcement fund during the 2,412
prior calendar year were used only in accordance with section 2,413
4729.65 of the Revised Code and specifying the amounts expended 2,414
for each authorized purpose. The peace officer training 2,415
commission shall file a report with the attorney general, no 2,416
later than the thirty-first day of January of each calendar year, 2,418
verifying that proceeds and forfeited moneys paid into the peace 2,419
officer training commission fund pursuant to this division during 2,421
the prior calendar year were used by the commission during the 2,422
60
prior calendar year only to pay the costs of peace officer 2,424
training and specifying the amount used for that purpose. 2,425
(2) If more than one law enforcement agency is 2,427
substantially involved in the seizure of contraband that is 2,428
forfeited pursuant to this section, the court ordering the 2,429
forfeiture shall equitably divide the proceeds or forfeited 2,430
moneys, after calculating any distribution to the law enforcement 2,431
trust fund of the prosecuting attorney pursuant to division 2,432
(D)(1)(c) of this section, among any county sheriff whose office 2,433
is determined by the court to be substantially involved in the 2,434
seizure, any legislative authority of a municipal corporation 2,435
whose police department is determined by the court to be 2,436
substantially involved in the seizure, any board of township 2,437
trustees whose law enforcement agency is determined by the court 2,438
to be substantially involved in the seizure, any board of park 2,439
commissioners of a park district whose police force or law 2,440
enforcement department is determined by the court to be 2,441
substantially involved in the seizure, the state board of 2,442
pharmacy if it is determined by the court to be substantially 2,443
involved in the seizure, the food stamp trafficking unit or 2,444
liquor enforcement unit of the department of public safety if it 2,445
is determined by the court to be substantially involved in the 2,446
seizure, and the state highway patrol if it is determined by the 2,447
court to be substantially involved in the seizure. The proceeds 2,448
or forfeited moneys shall be deposited in the respective law 2,449
enforcement trust funds of the county sheriff, municipal 2,450
corporation, township, and park district, the board of pharmacy 2,451
drug law enforcement fund, the liquor enforcement contraband, 2,453
forfeiture, and other fund, the food stamp contraband, 2,454
forfeiture, and other fund, or the state highway patrol 2,455
contraband, forfeiture, and other fund, in accordance with 2,456
division (D)(1)(c) of this section. If a state law enforcement 2,457
agency, other than the state highway patrol, the food stamp 2,458
trafficking unit or liquor enforcement unit of the department of 2,459
61
public safety, or the state board of pharmacy, is determined by 2,460
the court to be substantially involved in the seizure, the state 2,461
agency's equitable share of the proceeds and forfeited moneys 2,462
shall be paid to the treasurer of state for deposit into the 2,463
peace officer training commission fund. 2,464
(3)(a)(i) Prior to being allocated or using any proceeds 2,466
or forfeited moneys out of the state highway patrol contraband, 2,467
forfeiture, and other fund, the liquor enforcement contraband, 2,468
forfeiture, and other fund, the food stamp contraband, seizure, 2,469
and other fund, the board of pharmacy drug law enforcement fund, 2,471
or a law enforcement trust fund under division (D)(1)(c) of this 2,472
section, the state highway patrol, the department of public
safety, the state board of pharmacy, and a county sheriff, 2,473
prosecuting attorney, municipal corporation police department, 2,474
township police department, township police district police 2,475
force, office of the constable, or park district police force or 2,476
law enforcement department shall adopt a written internal control 2,477
policy that addresses the state highway patrol's, department of 2,478
public safety's, state board of pharmacy's, sheriff's, 2,479
prosecuting attorney's, police department's, police force's, 2,480
office of the constable's, or law enforcement department's use 2,481
and disposition of all the proceeds and forfeited moneys received 2,482
and that provides for the keeping of detailed financial records 2,483
of the receipts of the proceeds and forfeited moneys, the general 2,484
types of expenditures made out of the proceeds and forfeited 2,485
moneys, the specific amount of each general type of expenditure, 2,486
and the amounts, portions, and programs described in division 2,487
(D)(3)(a)(ii) of this section. The policy shall not provide for 2,488
or permit the identification of any specific expenditure that is 2,489
made in an ongoing investigation. 2,490
All financial records of the receipts of the proceeds and 2,492
forfeited moneys, the general types of expenditures made out of 2,493
the proceeds and forfeited moneys, the specific amount of each 2,494
general type of expenditure by the state highway patrol, by the 2,495
62
department of public safety, by the state board of pharmacy, and 2,496
by a sheriff, prosecuting attorney, municipal corporation police 2,497
department, township police department, township police district 2,498
police force, office of the constable, or park district police 2,499
force or law enforcement department, and the amounts, portions, 2,500
and programs described in division (D)(3)(a)(ii) of this section 2,501
are public records open for inspection under section 149.43 of 2,502
the Revised Code. Additionally, a written internal control 2,503
policy adopted under this division is a public record of that 2,504
nature, and the state highway patrol, the department of public 2,505
safety, the state board of pharmacy, or the sheriff, prosecuting 2,506
attorney, municipal corporation police department, township 2,507
police department, township police district police force, office 2,508
of the constable, or park district police force or law 2,509
enforcement department that adopted it shall comply with it. 2,510
(ii) The written internal control policy of a county 2,512
sheriff, prosecuting attorney, municipal corporation police 2,513
department, township police department, township police district 2,514
police force, office of the constable, or park district police 2,515
force or law enforcement department shall provide that at least 2,516
ten per cent of the first one hundred thousand dollars of 2,517
proceeds and forfeited moneys deposited during each calendar year 2,518
in the sheriff's, prosecuting attorney's, municipal 2,519
corporation's, township's, or park district's law enforcement 2,520
trust fund pursuant to division (B)(8)(c) of section 2925.44 of 2,521
the Revised Code, and at least twenty per cent of the proceeds 2,522
and forfeited moneys exceeding one hundred thousand dollars that 2,523
are so deposited, shall be used in connection with community 2,524
preventive education programs. The manner in which the described 2,525
percentages are so used shall be determined by the sheriff, 2,526
prosecuting attorney, department, police force, or office of the 2,527
constable after the receipt and consideration of advice on 2,528
appropriate community preventive education programs from the 2,529
county's board of alcohol, drug addiction, and mental health 2,530
63
services, from the county's alcohol and drug addiction services 2,531
board, or through appropriate community dialogue. The financial 2,532
records described in division (D)(3)(a)(i) of this section shall 2,533
specify the amount of the proceeds and forfeited moneys deposited 2,534
during each calendar year in the sheriff's, prosecuting 2,535
attorney's, municipal corporation's, township's, or park 2,536
district's law enforcement trust fund pursuant to division 2,537
(B)(8)(c) of section 2925.44 of the Revised Code, the portion of 2,538
that amount that was used pursuant to the requirements of this 2,539
division, and the community preventive education programs in 2,540
connection with which the portion of that amount was so used. 2,541
As used in this division, "community preventive education 2,543
programs" includes, but is not limited to, DARE programs and 2,544
other programs designed to educate adults or children with 2,545
respect to the dangers associated with the use of drugs of abuse. 2,546
(b) Each sheriff, prosecuting attorney, municipal 2,548
corporation police department, township police department, 2,549
township police district police force, office of the constable, 2,550
or park district police force or law enforcement department that 2,551
receives in any calendar year any proceeds or forfeited moneys 2,552
out of a law enforcement trust fund under division (D)(1)(c) of 2,553
this section or uses any proceeds or forfeited moneys in its law 2,554
enforcement trust fund in any calendar year shall prepare a 2,555
report covering the calendar year that cumulates all of the 2,556
information contained in all of the public financial records kept 2,557
by the sheriff, prosecuting attorney, municipal corporation 2,558
police department, township police department, township police 2,559
district police force, office of the constable, or park district 2,560
police force or law enforcement department pursuant to division 2,561
(D)(3)(a) of this section for that calendar year, and shall send 2,562
a copy of the cumulative report, no later than the first day of 2,563
March in the calendar year following the calendar year covered by 2,564
the report, to the attorney general. 2,565
The superintendent of the state highway patrol shall 2,567
64
prepare a report covering each calendar year in which the state 2,568
highway patrol uses any proceeds or forfeited moneys in the state 2,569
highway patrol contraband, forfeiture, and other fund under 2,570
division (D)(1)(c) of this section, that cumulates all of the 2,571
information contained in all of the public financial records kept 2,572
by the state highway patrol pursuant to division (D)(3)(a) of 2,573
this section for that calendar year, and shall send a copy of the 2,574
cumulative report, no later than the first day of March in the 2,575
calendar year following the calendar year covered by the report, 2,576
to the attorney general. 2,577
The department of public safety shall prepare a report 2,579
covering each fiscal year in which the department uses any 2,580
proceeds or forfeited moneys in the liquor enforcement 2,581
contraband, seizure, and other fund and the food stamp 2,582
contraband, forfeiture, and other fund under division (D)(1)(c) 2,583
of this section that cumulates all of the information contained 2,584
in all of the public financial records kept by the department 2,585
pursuant to division (D)(3)(a) of this section for that fiscal 2,586
year. The department shall send a copy of the cumulative report 2,587
to the attorney general no later than the first day of August in 2,588
the fiscal year following the fiscal year covered by the report. 2,589
The director of public safety shall include in the report a 2,590
verification that proceeds and forfeited moneys paid into the 2,591
liquor enforcement contraband, seizure, and other fund and the 2,593
food stamp contraband, forfeiture, and other fund under division 2,595
(D)(1)(c) of this section during the preceding fiscal year were 2,596
used by the department during that fiscal year only for the 2,597
purposes authorized by that division and shall specify the amount 2,598
used for each authorized purpose.
The executive director of the state board of pharmacy shall 2,600
prepare a report covering each calendar year in which the board 2,601
uses any proceeds or forfeited moneys in the board of pharmacy 2,602
drug law enforcement fund under division (D)(1)(c) of this 2,603
section, that cumulates all of the information contained in all 2,604
65
of the public financial records kept by the board pursuant to 2,605
division (D)(3)(a) of this section for that calendar year, and 2,606
shall send a copy of the cumulative report, no later than the 2,607
first day of March in the calendar year following the calendar 2,608
year covered by the report, to the attorney general. Each report 2,609
received by the attorney general is a public record open for 2,610
inspection under section 149.43 of the Revised Code. The 2,611
attorney general shall make copies of each report received, and, 2,612
no NOT later than the fifteenth day of April in the calendar year 2,613
in which the report is REPORTS ARE received, THE ATTORNEY GENERAL 2,616
shall send a copy of it to the president of the senate and the 2,617
speaker of the house of representatives A WRITTEN NOTIFICATION 2,618
THAT DOES ALL OF THE FOLLOWING: 2,619
(i) LISTS THE REPORTS AND INDICATES WHO SENT THE REPORTS 2,622
THAT THE ATTORNEY GENERAL HAS RECEIVED COVERING THE PREVIOUS 2,623
CALENDAR YEAR; 2,624
(ii) INDICATES THAT THE REPORTS ARE OPEN FOR INSPECTION 2,627
UNDER SECTION 149.43 OF THE REVISED CODE; 2,628
(iii) INDICATES THAT THE ATTORNEY GENERAL WILL PROVIDE A 2,631
COPY OF ANY OR ALL OF THE REPORTS TO THE PRESIDENT OF THE SENATE 2,632
OR THE SPEAKER OF THE HOUSE OF REPRESENTATIVES UPON REQUEST. 2,633
(4)(a) A law enforcement agency that receives pursuant to 2,635
federal law proceeds from a sale of forfeited contraband, 2,636
proceeds from another disposition of forfeited contraband, or 2,637
forfeited contraband moneys shall deposit, use, and account for 2,638
the proceeds or forfeited moneys in accordance with, and 2,639
otherwise comply with, the applicable federal law. 2,640
(b) If the state highway patrol receives pursuant to 2,642
federal law proceeds from a sale of forfeited contraband, 2,643
proceeds from another disposition of forfeited contraband, or 2,644
forfeited contraband moneys, the appropriate governmental 2,645
officials shall deposit into the state highway patrol contraband,
forfeiture, and other fund all interest or other earnings derived 2,646
from the investment of the proceeds or forfeited moneys. The 2,647
66
state highway patrol shall use and account for that interest or 2,648
other earnings in accordance with the applicable federal law. 2,649
(c) If the liquor enforcement unit of the department of 2,651
public safety receives pursuant to federal law proceeds from a 2,652
sale of forfeited contraband, proceeds from another disposition 2,653
of forfeited contraband, or forfeited contraband moneys, the 2,654
appropriate governmental officials shall deposit into the liquor 2,655
enforcement contraband, forfeiture, and other fund all interest 2,656
or other earnings derived from the investment of the proceeds or 2,657
forfeited moneys. The department shall use and account for that 2,658
interest or other earnings in accordance with the applicable 2,659
federal law. 2,660
(d) If the food stamp fraud unit of the department of 2,663
public safety receives pursuant to federal law proceeds from a 2,664
sale of forfeited contraband, proceeds from another disposition 2,665
of forfeited contraband, or forfeited contraband moneys, the 2,666
appropriate governmental officials shall deposit into the food 2,667
stamp contraband, forfeiture, and other fund all interest or 2,668
other earnings derived from the investment of the proceeds or 2,669
forfeited moneys. The department shall use and account for that 2,670
interest or other earnings in accordance with the applicable 2,671
federal law.
(e) Divisions (D)(1) to (3) of this section do not apply 2,673
to proceeds or forfeited moneys received pursuant to federal law 2,675
or to the interest or other earnings that are derived from the 2,676
investment of proceeds or forfeited moneys received pursuant to 2,677
federal law and that are described in division (D)(4)(b) of this 2,678
section.
(E) Upon the sale pursuant to this section of any property 2,680
that is required to be titled or registered under law, the state 2,681
shall issue an appropriate certificate of title or registration 2,682
to the purchaser. If the state is vested with title pursuant to 2,683
division (C) of this section and elects to retain property that 2,684
is required to be titled or registered under law, the state shall 2,685
67
issue an appropriate certificate of title or registration. 2,686
(F) Notwithstanding any provisions of this section to the 2,688
contrary, any property that is lawfully seized in relation to a 2,689
violation of section 2923.32 of the Revised Code shall be subject 2,690
to forfeiture and disposition in accordance with sections 2923.32 2,691
to 2923.36 of the Revised Code, and any property that is 2,693
forfeited pursuant to section 2925.42 or 2925.43 of the Revised 2,694
Code in relation to a felony drug abuse offense, as defined in 2,695
section 2925.01 of the Revised Code, or in relation to an act 2,696
that, if committed by an adult, would be a felony drug abuse 2,697
offense of that nature, may be subject to forfeiture and
disposition in accordance with sections 2925.41 to 2925.45 of the 2,699
Revised Code or this section. 2,700
(G) Any failure of a law enforcement officer or agency, a 2,702
prosecuting attorney, village solicitor, city director of law, or 2,703
similar chief legal officer, a court, or the attorney general to 2,704
comply with any duty imposed by this section in relation to any 2,705
property seized or with any other provision of this section in 2,706
relation to any property seized does not affect the validity of 2,707
the seizure of the property, provided the seizure itself was made 2,708
in accordance with law, and is not and shall not be considered to 2,709
be the basis for the suppression of any evidence resulting from 2,710
the seizure of the property, provided the seizure itself was made 2,711
in accordance with law. 2,712
(H) Contraband that has been forfeited pursuant to 2,714
division (C) of this section shall not be available for use to 2,715
pay any fine imposed upon a person who is convicted of or pleads 2,716
guilty to an underlying criminal offense or a different offense 2,717
arising out of the same facts and circumstances. 2,718
Sec. 2933.74. (A)(1) With respect to forfeitable property 2,727
ordered forfeited under section 2933.73 of the Revised Code, the 2,728
court that issued the order, upon petition of the prosecuting 2,729
attorney or attorney general who prosecuted the case, may do any 2,730
of the following: 2,731
68
(a) Authorize the prosecuting attorney or the attorney 2,733
general to settle claims; 2,734
(b) Award compensation to persons who provide information 2,736
that results in a forfeiture under section 2933.73 of the Revised 2,737
Code; 2,738
(c) Take any other action to protect the rights of 2,740
innocent persons that is in the interest of justice and that is 2,741
consistent with the purposes of sections 2933.71 to 2933.75 of 2,742
the Revised Code. (2) The court shall maintain an accurate 2,744
record of the actions it takes under division (A)(1) of this 2,745
section with respect to the forfeitable property ordered 2,746
forfeited. The record is a public record open for inspection 2,747
under section 149.43 of the Revised Code. 2,748
(B)(1) Subject to division (A) of this section and 2,750
notwithstanding any contrary provision of section 2933.41 of the 2,751
Revised Code, the prosecuting attorney or attorney general who 2,752
prosecuted the case shall order the disposal of forfeitable 2,753
property ordered forfeited in any proceeding under section 2,754
2933.73 of the Revised Code as soon as feasible, making due 2,755
provisions for the rights of innocent persons, by any of the 2,756
following methods: 2,757
(a) Public sale; 2,759
(b) Transfer to a state governmental agency for official 2,761
use; 2,762
(c) Sale or transfer to an innocent person; 2,764
(d) If the property is contraband and is not needed for 2,766
evidence in any pending criminal or civil proceeding, pursuant to 2,767
section 2933.41 or any other applicable section of the Revised 2,768
Code. 2,769
(2) Any interest in personal or real property not disposed 2,771
of pursuant to division (B) of this section and not exercisable 2,772
by, or transferable for value to, the state shall expire and 2,773
shall not revert to the person who was convicted of or pleaded 2,774
guilty to the medicaid fraud offense. No person who was 2,775
69
convicted of or pleaded guilty to the medicaid fraud offense and 2,776
no person acting in concert with a person who was convicted of or 2,777
pleaded guilty to the medicaid fraud offense is eligible to 2,778
purchase forfeited property from the state. 2,779
(3) Upon application of a person, other than the person 2,781
who was convicted of or pleaded guilty to the medicaid fraud 2,782
offense or a person acting in concert with or on behalf of the 2,783
person who was convicted of or pleaded guilty to the medicaid 2,784
fraud offense, the court may restrain or stay the disposal of the 2,785
forfeitable property pursuant to this division pending the 2,786
conclusion of any appeal of the criminal case giving rise to the 2,787
forfeiture or pending the determination of the validity of a 2,788
claim to or interest in the property pursuant to division (F) of 2,789
section 2933.73 of the Revised Code, if the applicant 2,790
demonstrates that proceeding with the disposal of the property 2,791
will result in irreparable injury, harm, or loss to the 2,792
applicant. 2,793
(4) The prosecuting attorney or attorney general who 2,795
prosecuted the case shall maintain an accurate record of each 2,796
item of property disposed of pursuant to division (B) of this 2,797
section, which record shall include the date on which each item 2,798
came into the prosecuting attorney's or attorney general's 2,799
custody, the manner and date of disposition, and, if applicable, 2,800
the name of the person who received the item. The record shall 2,801
not identify or enable the identification of the individual 2,802
officer who seized the property, and the record is a public 2,803
record open for inspection under section 149.43 of the Revised 2,804
Code. 2,805
Each prosecuting attorney who disposes in any calendar year 2,807
of any item of property pursuant to division (B) of this section 2,808
shall prepare a report covering the calendar year that cumulates 2,809
all of the information contained in all of the records the 2,810
prosecuting attorney kept pursuant to this division for that 2,812
calendar year and shall send the cumulative report, no later than 2,813
70
the first day of March in the calendar year following the 2,814
calendar year covered by the report, to the attorney general. No 2,815
later than the first day of March in the calendar year following 2,816
the calendar year covered by the report, the attorney general 2,817
shall prepare a report covering the calendar year that cumulates 2,818
all of the records the attorney general kept pursuant to this 2,820
division for that calendar year. Each report received or
prepared by the attorney general is a public record open for 2,821
inspection under section 149.43 of the Revised Code. The 2,822
attorney general shall send a copy of each prosecuting attorney's 2,823
cumulative report and of the attorney general's own cumulative 2,825
report, no NOT later than the fifteenth day of April in the 2,826
calendar year following the calendar year covered by the report, 2,827
REPORTS, THE ATTORNEY GENERAL SHALL SEND to the president of the 2,828
senate and the speaker of the house of representatives A WRITTEN 2,829
NOTIFICATION THAT DOES ALL OF THE FOLLOWING: 2,830
(a) LISTS THE REPORTS AND INDICATES WHICH PROSECUTING 2,833
ATTORNEYS SENT THE REPORTS THAT THE ATTORNEY GENERAL HAS RECEIVED
COVERING THE PREVIOUS CALENDAR YEAR; 2,835
(b) LISTS THE ATTORNEY GENERAL'S OWN CUMULATIVE REPORT 2,837
COVERING THE PREVIOUS CALENDAR YEAR; 2,838
(c) INDICATES THAT THE REPORTS ARE OPEN FOR INSPECTION 2,841
UNDER SECTION 149.43 OF THE REVISED CODE; 2,842
(d) INDICATES THAT THE ATTORNEY GENERAL WILL PROVIDE A COPY 2,845
OF ANY OR ALL OF THE REPORTS TO THE PRESIDENT OF THE SENATE OR 2,846
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES UPON REQUEST. 2,847
(C)(1) The proceeds of the sale of all forfeitable 2,849
property ordered forfeited pursuant to section 2933.73 of the 2,850
Revised Code shall be deposited into the state treasury and 2,851
credited to the medicaid fraud investigation and prosecution 2,852
fund, which is hereby created. 2,853
(2) The proceeds credited to the medicaid fraud 2,856
investigation and prosecution fund pursuant to division (C)(1) of 2,857
this section shall be disposed of in the following order: 2,858
71
(a) To the payment of the fees and costs of the forfeiture 2,860
and sale, including expenses of seizure, maintenance, and custody 2,861
of the property pending its disposition, advertising, and court 2,862
costs; 2,863
(b) Except as otherwise provided in division (C)(2)(b) of 2,865
this section, the remainder shall be paid to the law enforcement 2,866
trust fund of the prosecuting attorney that is established 2,867
pursuant to division (D)(1)(c) of section 2933.43 of the Revised 2,868
Code or to the attorney general, and to the law enforcement trust 2,869
fund of the county sheriff that is established pursuant to that 2,870
division if the county sheriff substantially conducted the 2,871
investigation, to the law enforcement trust fund of a municipal 2,872
corporation that is established pursuant to that division if its 2,873
police department substantially conducted the investigation, to 2,874
the law enforcement trust fund of a township that is established 2,875
pursuant to that division if the investigation was substantially 2,876
conducted by a township police department, township police 2,877
district police force, or office of a township constable, or to 2,878
the law enforcement trust fund of a park district created 2,879
pursuant to section 511.18 or 1545.01 of the Revised Code that is 2,880
established pursuant to that division if the investigation was 2,881
substantially conducted by its park district police force or law 2,882
enforcement department. The prosecuting attorney or attorney 2,883
general may decline to accept any of the remaining proceeds, and, 2,885
if the prosecuting attorney or attorney general so declines, they 2,886
shall be applied to the fund described in division (C)(2)(b) of 2,887
this section that relates to the appropriate law enforcement 2,888
agency that substantially conducted the investigation. 2,889
If the state highway patrol substantially conducted the 2,891
investigation, the director of budget and management shall 2,892
transfer the remaining proceeds to the state highway patrol for 2,894
deposit into the state highway patrol contraband, forfeiture, and 2,895
other fund that is created by division (D)(1)(c) of section 2,896
2933.43 of the Revised Code. If the state board of pharmacy 2,897
72
substantially conducted the investigation, the director shall 2,898
transfer the remaining proceeds to the board for deposit into the 2,899
board of pharmacy drug law enforcement fund that is created by 2,900
division (B)(1) of section 4729.65 of the Revised Code. If a 2,901
state law enforcement agency, other than the state highway 2,902
patrol, the board, or the attorney general, substantially 2,903
conducted the investigation, the director shall transfer the 2,904
remaining proceeds to the treasurer of state for deposit into the 2,906
peace officer training commission fund that is created by 2,908
division (D)(1)(c) of section 2933.43 of the Revised Code. 2,909
The remaining proceeds that are paid to the attorney 2,912
general shall be used and expended only in relation to the 2,913
investigation and prosecution of medicaid fraud offenses or the 2,914
activities identified in section 109.85 of the Revised Code, and 2,915
those that are paid to a law enforcement trust fund or that are 2,916
deposited into the state highway patrol contraband, forfeiture, 2,917
and other fund, the board of pharmacy drug law enforcement fund, 2,918
or the peace officer training commission fund pursuant to 2,920
division (C)(2)(b) of this section shall be allocated, used, and 2,921
expended only in accordance with division (D)(1)(c) of section 2,922
2933.43 of the Revised Code, only in accordance with a written 2,923
internal control policy adopted under division (D)(3) of that 2,924
section, and, if applicable, only in accordance with division 2,925
(B)(1) of section 4729.65 of the Revised Code. The annual 2,926
reports that pertain to the funds and that are required by 2,927
divisions (D)(1)(c) and (3)(b) of section 2933.43 of the Revised 2,928
Code also shall address the remaining proceeds that are paid or 2,929
deposited into the funds pursuant to division (C)(2)(b) of this 2,930
section.
(3) If more than one law enforcement agency substantially 2,932
conducted the investigation, the court ordering the forfeiture 2,933
shall equitably divide the remaining proceeds among the law 2,934
enforcement agencies that substantially conducted the 2,936
investigation, in the manner described in division (D)(2) of 2,937
73
section 2933.43 of the Revised Code for the equitable division of 2,938
contraband proceeds and forfeited moneys. The equitable shares 2,939
of the proceeds so determined by the court shall be paid or 2,940
deposited into the appropriate funds specified in division 2,941
(C)(2)(b) of this section. 2,942
(D) As used in this section, "law enforcement agency" 2,944
includes, but is not limited to, the state board of pharmacy. 2,945
Section 2. That existing sections 109.21, 2923.32, 2,947
2923.35, 2925.03, 2933.41, 2933.43, and 2933.74 and sections 2,948
1727.04 and 5309.97 of the Revised Code are hereby repealed. 2,949
Section 3. Section 2925.03 of the Revised Code is 2,951
presented in this act as a composite of the section as amended by 2,952
both Am. Sub. S.B. 166 and Am. Sub. S.B. 269 of the 121st General 2,953
Assembly, with the new language of neither of the acts shown in 2,955
capital letters. This is in recognition of the principle stated 2,956
in division (B) of section 1.52 of the Revised Code that such 2,957
amendments are to be harmonized where not substantively 2,958
irreconcilable and constitutes a legislative finding that such is 2,959
the resulting version in effect prior to the effective date of 2,960
this act.