As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                             Sub. S. B. No. 164  5            

      1997-1998                                                    6            


                     SENATORS BLESSING-LATTA                       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           

                                                          2      

                                                                 
      (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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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)  INDICATES THAT THE ATTORNEY GENERAL HAS RECEIVED FROM   240          

LAW ENFORCEMENT AGENCIES REPORTS OF THE TYPE DESCRIBED IN THIS     242          

DIVISION THAT COVER THE PREVIOUS CALENDAR YEAR AND INDICATES THAT  243          

THE REPORTS WERE RECEIVED UNDER THIS DIVISION;                                  

      (b)  INDICATES THAT THE REPORTS ARE OPEN FOR INSPECTION      246          

UNDER SECTION 149.43 OF THE REVISED CODE;                          247          

      (c)  INDICATES THAT THE ATTORNEY GENERAL WILL PROVIDE A      250          

COPY OF ANY OR ALL OF THE REPORTS TO THE PRESIDENT OF THE SENATE   251          

OR THE SPEAKER OF THE HOUSE OF REPRESENTATIVES UPON REQUEST.       252          

                                                          7      

                                                                 
      (C)  Notwithstanding the notice and procedure prescribed by  254          

division (E) of this section, an order of criminal forfeiture      255          

entered under division (B)(3) of this section shall authorize an   256          

appropriate law enforcement agency to seize the property declared  257          

forfeited under this section upon the terms and conditions,        258          

relating to the time and manner of seizure, that the court         259          

determines proper.                                                 260          

      (D)  Criminal penalties under this section are not mutually  262          

exclusive, unless otherwise provided, and do not preclude the      263          

application of any other criminal or civil remedy under this or    264          

any other section of the Revised Code.  A disposition of criminal  265          

forfeiture ordered pursuant to division (B)(3) of this section in  266          

relation to a child who was adjudicated delinquent by reason of a  267          

violation of this section does not preclude the application of     268          

any other order of disposition under section 2151.355 of the       269          

Revised Code or any other civil remedy under this or any other     270          

section of the Revised Code.                                       271          

      (E)(1)  Upon the entry of a judgment of forfeiture pursuant  273          

to division (B)(3) of this section, the court shall cause notice   274          

of the judgment to be sent by certified mail, return receipt       275          

requested, to all persons known to have, or appearing to have, an  276          

interest in the property that was acquired prior to the filing of  277          

a corrupt activity lien notice or a lis pendens as authorized by   278          

section 2923.36 of the Revised Code.  If the notices cannot be     279          

given to those persons in that manner, the court shall cause       280          

publication of the notice of the judgment of forfeiture pursuant   281          

to the Rules of Civil Procedure.                                   282          

      (2)  Within thirty days after receipt of a notice or after   284          

the date of publication of a notice under division (E)(1) of this  285          

section, any person, other than the defendant or the adjudicated   286          

delinquent child, who claims an interest in the property that is   287          

subject to forfeiture may petition the court for a hearing to      288          

determine the validity of the claim.  The petition shall be        289          

signed and sworn to by the petitioner and shall set forth the      290          

                                                          8      

                                                                 
nature and extent of the petitioner's interest in the property,    291          

the date and circumstances of the petitioner's acquisition of the  292          

interest, any additional allegations supporting the claim, and     293          

the relief sought.  The petitioner shall furnish the prosecuting   294          

attorney with a copy of the petition.                              295          

      (3)  The court, to the extent practicable and consistent     297          

with the interests of justice, shall hold the hearing described    298          

under division (E)(2) of this section within thirty days from the  299          

filing of the petition.  The court may consolidate the hearings    300          

on all petitions filed by third party claimants under this         301          

section.  At the hearing, the petitioner may testify and present   302          

evidence on the petitioner's own behalf and cross-examine          303          

witnesses.  The prosecuting attorney may present evidence and      304          

witnesses in rebuttal and in defense of the claim of the state to  305          

the property and cross-examine witnesses.  The court, in making    306          

its determination, shall consider the testimony and evidence       307          

presented at the hearing and the relevant portions of the record   308          

of the criminal proceeding that resulted in the judgment of        309          

forfeiture.                                                        310          

      (4)  If at a hearing held under division (E)(3) of this      312          

section, the court, by a preponderance of the evidence,            313          

determines either that the petitioner has a legal right, title,    314          

or interest in the property that, at the time of the commission    315          

of the acts giving rise to the forfeiture of the property, was     316          

vested in the petitioner and not in the defendant or the           317          

adjudicated delinquent child or was superior to the right, title,  318          

or interest of the defendant or the adjudicated delinquent child,  319          

or that the petitioner is a bona fide purchaser for value of the   320          

right, title, or interest in the property and was at the time of   321          

the purchase reasonably without cause to believe that the          322          

property was subject to forfeiture under this section, it shall    323          

amend, in accordance with its determination, the judgment of       324          

forfeiture to protect the rights of innocent persons.              325          

      (F)  Except as provided in division (E) of this section, no  327          

                                                          9      

                                                                 
person claiming an interest in property that is subject to         328          

forfeiture under this section shall do either of the following:    329          

      (1)  Intervene in a trial or appeal of a criminal case or a  331          

delinquency case that involves the forfeiture of the property;     332          

      (2)  File an action against the state concerning the         334          

validity of his THE PERSON'S alleged interest in the property      335          

subsequent to the filing of the indictment, count in the           337          

indictment, or information, or the filing of the complaint in      338          

juvenile court, that alleges that the property is subject to       339          

forfeiture under this section.                                     340          

      (G)  As used in this section, "law enforcement agency"       342          

includes, but is not limited to, the state board of pharmacy.      343          

      Sec. 2923.35.  (A)(1)  With respect to property ordered      352          

forfeited under section 2923.32 of the Revised Code, with respect  353          

to any fine or civil penalty imposed in any criminal or civil      354          

proceeding under section 2923.32 or 2923.34 of the Revised Code,   355          

and with respect to any fine imposed for a violation of section    356          

2923.01 of the Revised Code for conspiracy to violate section      357          

2923.32 of the Revised Code, the court, upon petition of the       358          

prosecuting attorney, may do any of the following:                 359          

      (a)  Authorize the prosecuting attorney to settle claims;    361          

      (b)  Award compensation to persons who provide information   363          

that results in a forfeiture, fine, or civil penalty under         364          

section 2923.32 or 2923.34 of the Revised Code;                    365          

      (c)  Grant petitions for mitigation or remission of          367          

forfeiture, fines, or civil penalties, or restore forfeited        368          

property, imposed fines, or imposed civil penalties to persons     369          

injured by the violation;                                          370          

      (d)  Take any other action to protect the rights of          372          

innocent persons that is in the interest of justice and that is    373          

consistent with the purposes of sections 2923.31 to 2923.36 of     374          

the Revised Code.                                                  375          

      (2)  The court shall maintain an accurate record of the      377          

actions it takes under division (A)(1) of this section with        378          

                                                          10     

                                                                 
respect to the property ordered forfeited or the fine or civil     379          

penalty.  The record is a public record open for inspection under  380          

section 149.43 of the Revised Code.                                381          

      (B)(1)  After the application of division (A) of this        383          

section, any person who prevails in a civil action pursuant to     384          

section 2923.34 of the Revised Code has a right to any property,   385          

or the proceeds of any property, criminally forfeited to the       386          

state pursuant to section 2923.32 of the Revised Code or against   387          

which any fine under that section or civil penalty under division  388          

(I) of section 2923.34 of the Revised Code may be imposed.         389          

      The right of any person who prevails in a civil action       391          

pursuant to section 2923.34 of the Revised Code, other than a      392          

prosecuting attorney performing official duties under that         393          

section, to forfeited property, property against which fines and   394          

civil penalties may be imposed, and the proceeds of that property  395          

is superior to any right of the state, a municipal corporation,    396          

or a county to the property or the proceeds of the property, if    397          

the civil action is brought within one hundred eighty days after   398          

the entry of a sentence of forfeiture or a fine pursuant to        399          

section 2923.32 of the Revised Code or the entry of a civil        400          

penalty pursuant to division (I) of section 2923.34 of the         401          

Revised Code.                                                      402          

      The right is limited to the total value of the treble        404          

damages, civil penalties, attorney's fees, and costs awarded to    405          

the prevailing party in an action pursuant to section 2923.34 of   406          

the Revised Code, less any restitution received by the person.     407          

      (2)  If the aggregate amount of claims of persons who have   409          

prevailed in a civil action pursuant to section 2923.34 of the     410          

Revised Code against any one defendant is greater than the total   411          

value of the treble fines, civil penalties, and forfeited          412          

property paid by the person against whom the actions were          413          

brought, all of the persons who brought their actions within one   414          

hundred eighty days after the entry of a sentence or disposition   415          

of forfeiture or a fine pursuant to section 2923.32 of the         416          

                                                          11     

                                                                 
Revised Code or the entry of a civil penalty pursuant to division  417          

(I) of section 2923.34 of the Revised Code, first shall receive a  418          

pro rata share of the total amount of the fines, civil penalties,  419          

and forfeited property.  After the persons who brought their       420          

actions within the specified one-hundred-eighty-day period have    421          

satisfied their claims out of the fines, civil penalties, and      422          

forfeited property, all other persons who prevailed in civil       423          

actions pursuant to section 2923.34 of the Revised Code shall      424          

receive a pro rata share of the total amount of the fines, civil   425          

penalties, and forfeited property that remains in the custody of   426          

the law enforcement agency or in the corrupt activity              427          

investigation and prosecution fund.                                428          

      (C)(1)  Subject to divisions (A) and (B) of this section     430          

and notwithstanding any contrary provision of section 2933.41 of   431          

the Revised Code, the prosecuting attorney shall order the         432          

disposal of property ordered forfeited in any proceeding under     433          

sections 2923.32 and 2923.34 of the Revised Code as soon as        434          

feasible, making due provisions for the rights of innocent         435          

persons, by any of the following methods:                          436          

      (a)  Transfer to any person who prevails in a civil action   438          

pursuant to section 2923.34 of the Revised Code, subject to the    439          

limit set forth in division (B)(1) of this section;                440          

      (b)  Public sale;                                            442          

      (c)  Transfer to a state governmental agency for official    444          

use;                                                               445          

      (d)  Sale or transfer to an innocent person;                 447          

      (e)  If the property is contraband and is not needed for     449          

evidence in any pending criminal or civil proceeding, pursuant to  450          

section 2933.41 or any other applicable section of the Revised     451          

Code.                                                              452          

      (2)  Any interest in personal or real property not disposed  454          

of pursuant to this division and not exercisable by, or            455          

transferable for value to, the state shall expire and shall not    456          

revert to the person found guilty of or adjudicated a delinquent   457          

                                                          12     

                                                                 
child for a violation of section 2923.32 of the Revised Code.  No  458          

person found guilty of or adjudicated a delinquent child for a     459          

violation of that section and no person acting in concert with a   460          

person found guilty of or adjudicated a delinquent child for a     462          

violation of that section is eligible to purchase forfeited                     

property from the state.                                           464          

      (3)  Upon application of a person, other than the            466          

defendant, the adjudicated delinquent child, or a person acting    467          

in concert with or on behalf of either the defendant or the        468          

adjudicated delinquent child, the court may restrain or stay the   469          

disposal of the property pursuant to this division pending the     470          

conclusion of any appeal of the criminal case or delinquency case  471          

giving rise to the forfeiture or pending the determination of the  472          

validity of a claim to or interest in the property pursuant to     473          

division (E) of section 2923.32 of the Revised Code, if the        474          

applicant demonstrates that proceeding with the disposal of the    475          

property will result in irreparable injury, harm, or loss to the   476          

applicant.                                                         477          

      (4)  The prosecuting attorney shall maintain an accurate     479          

record of each item of property disposed of pursuant to this       480          

division, which record shall include the date on which each item   481          

came into the prosecuting attorney's custody, the manner and date  482          

of disposition, and, if applicable, the name of the person who     484          

received the item.  The record shall not identify or enable the    485          

identification of the individual officer who seized the property,  486          

and the record is a public record open for inspection under        487          

section 149.43 of the Revised Code.                                488          

      Each prosecuting attorney who disposes in any calendar year  490          

of any item of property pursuant to this division shall prepare a  491          

report covering the calendar year that cumulates all of the        492          

information contained in all of the records kept by the            493          

prosecuting attorney pursuant to this division for that calendar   494          

year and shall send the cumulative report, no later than the       495          

first day of March in the calendar year following the calendar     496          

                                                          13     

                                                                 
year covered by the report, to the attorney general.  Each report  497          

received by the attorney general is a public record open for       498          

inspection under section 149.43 of the Revised Code.  The          499          

attorney general shall send a copy of the cumulative report, no    500          

NOT later than the fifteenth day of April in the calendar year     501          

following the calendar year covered by the report, REPORTS, THE    503          

ATTORNEY GENERAL SHALL SEND to the president of the senate and                  

the speaker of the house of representatives A WRITTEN              504          

NOTIFICATION THAT DOES ALL OF THE FOLLOWING:                       506          

      (a)  INDICATES THAT THE ATTORNEY GENERAL HAS RECEIVED FROM   508          

PROSECUTING ATTORNEYS REPORTS OF THE TYPE DESCRIBED IN THIS        510          

DIVISION THAT COVER THE PREVIOUS CALENDAR YEAR AND INDICATES THAT  511          

THE REPORTS WERE RECEIVED UNDER THIS DIVISION;                     512          

      (b)  INDICATES THAT THE REPORTS ARE OPEN FOR INSPECTION      515          

UNDER SECTION 149.43 OF THE REVISED CODE;                          516          

      (c)  INDICATES THAT THE ATTORNEY GENERAL WILL PROVIDE A      519          

COPY OF ANY OR ALL OF THE REPORTS TO THE PRESIDENT OF THE SENATE   520          

OR THE SPEAKER OF THE HOUSE OF REPRESENTATIVES UPON REQUEST.       521          

      (D)(1)(a)  Ten per cent of the proceeds of all property      523          

ordered forfeited by a juvenile court pursuant to section 2923.32  525          

of the Revised Code shall be applied to one or more alcohol and    527          

drug addiction treatment programs that are certified by the                     

department of alcohol and drug addiction services under section    528          

3793.06 of the Revised Code and that are specified in the order    530          

of forfeiture.  A juvenile court shall not specify an alcohol or   532          

drug addiction treatment program in the order of forfeiture        533          

unless the program is a certified alcohol and drug addiction                    

treatment program and, except as provided in division (D)(1)(a)    535          

of this section, unless the program is located in the county in    536          

which the court that orders the forfeiture is located or in a      537          

contiguous county.  If no certified alcohol and drug addiction                  

treatment program is located in any of those counties, the         538          

juvenile court may specify in the order a certified alcohol and    539          

drug addiction treatment program located anywhere within this      540          

                                                          14     

                                                                 
state.  The remaining ninety per cent of the proceeds shall be     541          

disposed of as provided in divisions (D)(1)(b) and (D)(2) of this  542          

section.                                                                        

      All of the proceeds of all property ordered forfeited by a   544          

court other than a juvenile court pursuant to section 2923.32 of   545          

the Revised Code shall be disposed of as provided in divisions     547          

(D)(1)(b) and (D)(2) of this section.                              549          

      (b)  The remaining proceeds of all property ordered          551          

forfeited pursuant to section 2923.32 of the Revised Code, after   552          

compliance with division (D)(1)(a) of this section when that       553          

division is applicable, and all fines and civil penalties imposed  556          

pursuant to sections 2923.32 and 2923.34 of the Revised Code       557          

shall be deposited into the state treasury and credited to the     558          

corrupt activity investigation and prosecution fund, which is      559          

hereby created.                                                                 

      (2)  The proceeds, fines, and penalties credited to the      561          

corrupt activity investigation and prosecution fund pursuant to    562          

division (D)(1) of this section shall be disposed of in the        563          

following order:                                                   564          

      (a)  To a civil plaintiff in an action brought within the    566          

one-hundred-eighty-day time period specified in division (B)(1)    567          

of this section, subject to the limit set forth in that division;  568          

      (b)  To the payment of the fees and costs of the forfeiture  570          

and sale, including expenses of seizure, maintenance, and custody  571          

of the property pending its disposition, advertising, and court    572          

costs;                                                             573          

      (c)  Except as otherwise provided in division (D)(2)(c) of   575          

this section, the remainder shall be paid to the law enforcement   576          

trust fund of the prosecuting attorney that is established         577          

pursuant to division (D)(1)(c) of section 2933.43 of the Revised   578          

Code and to the law enforcement trust fund of the county sheriff   579          

that is established pursuant to that division if the county        580          

sheriff substantially conducted the investigation, to the law      581          

enforcement trust fund of a municipal corporation that is          582          

                                                          15     

                                                                 
established pursuant to that division if its police department     583          

substantially conducted the investigation, to the law enforcement  584          

trust fund of a township that is established pursuant to that      585          

division if the investigation was substantially conducted by a     586          

township police department, township police district police        587          

force, or office of a township constable, or to the law            588          

enforcement trust fund of a park district created pursuant to      589          

section 511.18 or 1545.01 of the Revised Code that is established  590          

pursuant to that division if the investigation was substantially   591          

conducted by its park district police force or law enforcement     592          

department.  The prosecuting attorney may decline to accept any    593          

of the remaining proceeds, fines, and penalties, and, if the       594          

prosecuting attorney so declines, they shall be applied to the     595          

fund described in division (D)(2)(c) of this section that relates  597          

to the appropriate law enforcement agency that substantially       598          

conducted the investigation.                                       599          

      If the state highway patrol substantially conducted the      601          

investigation, the director of budget and management shall         602          

transfer the remaining proceeds, fines, and penalties to the       603          

state highway patrol for deposit into the state highway patrol     604          

contraband, forfeiture, and other fund that is created by          605          

division (D)(1)(c) of section 2933.43 of the Revised Code.  If     606          

the state board of pharmacy substantially conducted the            607          

investigation, the director shall transfer the remaining           608          

proceeds, fines, and penalties to the board for deposit into the   609          

board of pharmacy drug law enforcement fund that is created by     610          

division (B)(1) of section 4729.65 of the Revised Code.  If a      611          

state law enforcement agency, other than the state highway patrol  612          

or the board, substantially conducted the investigation, the       613          

director shall transfer the remaining proceeds, fines, and         614          

penalties to the treasurer of state for deposit into the peace     615          

officer training commission fund that is created by division       617          

(D)(1)(c) of section 2933.43 of the Revised Code.                  618          

      The remaining proceeds, fines, and penalties that are paid   620          

                                                          16     

                                                                 
to a law enforcement trust fund or that are deposited into the     621          

state highway patrol contraband, forfeiture, and other fund, the   622          

board of pharmacy drug law enforcement fund, or the peace officer  623          

training commission fund pursuant to division (D)(2)(c) of this    625          

section shall be allocated, used, and expended only in accordance  626          

with division (D)(1)(c) of section 2933.43 of the Revised Code,    627          

only in accordance with a written internal control policy adopted  628          

under division (D)(3) of that section, and, if applicable, only    629          

in accordance with division (B) of section 4729.65 of the Revised  630          

Code.  The annual reports that pertain to the funds and that are   631          

required by divisions (D)(1)(c) and (3)(b) of section 2933.43 of   632          

the Revised Code also shall address the remaining proceeds,        633          

fines, and penalties that are paid or deposited into the funds     634          

pursuant to division (D)(2)(c) of this section.                    635          

      (3)  If more than one law enforcement agency substantially   637          

conducted the investigation, the court ordering the forfeiture     638          

shall equitably divide the remaining proceeds, fines, and          639          

penalties among the law enforcement agencies that substantially    640          

conducted the investigation, in the manner described in division   641          

(D)(2) of section 2933.43 of the Revised Code for the equitable    642          

division of contraband proceeds and forfeited moneys.  The         643          

equitable shares of the proceeds, fines, and penalties so          644          

determined by the court shall be paid or deposited into the        645          

appropriate funds specified in division (D)(2)(c) of this          646          

section.                                                           647          

      (E)  As used in this section, "law enforcement agency"       649          

includes, but is not limited to, the state board of pharmacy.      650          

      Sec. 2925.03.  (A)  No person shall knowingly sell or offer  660          

to sell a controlled substance.                                    661          

      (B)  This section does not apply to any of the following:    663          

      (1)  Manufacturers, practitioners, pharmacists, owners of    665          

pharmacies, and other persons whose conduct is in accordance with  666          

Chapters 3719., 4715., 4729., 4731., and 4741. or section 4723.56  669          

of the Revised Code.;                                                           

                                                          17     

                                                                 
      (2)  If the offense involves an anabolic steroid, any        671          

person who is conducting or participating in a research project    672          

involving the use of an anabolic steroid if the project has been   673          

approved by the United States food and drug administration;        674          

      (3)  Any person who sells, offers for sale, prescribes,      676          

dispenses, or administers for livestock or other nonhuman species  677          

an anabolic steroid that is expressly intended for administration  678          

through implants to livestock or other nonhuman species and        679          

approved for that purpose under the "Federal Food, Drug, and       680          

Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,  681          

and is sold, offered for sale, prescribed, dispensed, or           682          

administered for that purpose in accordance with that act.         683          

      (C)  Whoever violates division (A) of this section is        685          

guilty of one of the following:                                    686          

      (1)  If the drug involved in the violation is any compound,  689          

mixture, preparation, or substance included in schedule I or       690          

schedule II, with the exception of marihuana, cocaine, L.S.D.,     691          

heroin, and hashish, whoever violates division (A) of this         693          

section is guilty of aggravated trafficking in drugs.  The         694          

penalty for the offense shall be determined as follows:            695          

      (a)  Except as otherwise provided in division (C)(1)(b),     698          

(c), (d), (e), or (f) of this section, aggravated trafficking in   699          

drugs is a felony of the fourth degree, and division (C) of        701          

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   703          

      (b)  Except as otherwise provided in division (C)(1)(c),     706          

(d), (e), or (f) of this section, if the offense was committed in  707          

the vicinity of a school or in the vicinity of a juvenile,         708          

aggravated trafficking in drugs is a felony of the third degree,   709          

and division (C) of section 2929.13 of the Revised Code applies                 

in determining whether to impose a prison term on the offender.    710          

      (c)  Except as otherwise provided in this division, if the   712          

amount of the drug involved exceeds the bulk amount but does not   714          

exceed five times the bulk amount, aggravated trafficking in       715          

                                                          18     

                                                                 
drugs is a felony of the third degree, and the court shall impose  716          

as a mandatory prison term one of the prison terms prescribed for  717          

a felony of the third degree.  If the amount of the drug involved  718          

is within that range and if the offense was committed in the       719          

vicinity of a school or in the vicinity of a juvenile, aggravated  720          

trafficking in drugs is a felony of the second degree, and the     721          

court shall impose as a mandatory prison term one of the prison    722          

terms prescribed for a felony of the second degree.                723          

      (d)  Except as otherwise provided in this division, if the   725          

amount of the drug involved exceeds five times the bulk amount     727          

but does not exceed fifty times the bulk amount, aggravated        728          

trafficking in drugs is a felony of the second degree, and the                  

court shall impose as a mandatory prison term one of the prison    729          

terms prescribed for a felony of the second degree.  If the        730          

amount of the drug involved is within that range and if the        731          

offense was committed in the vicinity of a school or in the        732          

vicinity of a juvenile, aggravated trafficking in drugs is a       733          

felony of the first degree, and the court shall impose as a        734          

mandatory prison term one of the prison terms prescribed for a     735          

felony of the first degree.                                        736          

      (e)  If the amount of the drug involved exceeds fifty times  739          

the bulk amount but does not exceed one hundred times the bulk     740          

amount and regardless of whether the offense was committed in the  741          

vicinity of a school or in the vicinity of a juvenile, aggravated  742          

trafficking in drugs is a felony of the first degree, and the      743          

court shall impose as a mandatory prison term one of the prison    744          

terms prescribed for a felony of the first degree.                 745          

      (f)  If the amount of the drug involved exceeds one hundred  748          

times the bulk amount and regardless of whether the offense was    749          

committed in the vicinity of a school or in the vicinity of a      750          

juvenile, aggravated trafficking in drugs is a felony of the       751          

first degree, and the court shall impose as a mandatory prison     752          

term the maximum prison term prescribed for a felony of the first  753          

degree and may impose an additional prison term prescribed for a   754          

                                                          19     

                                                                 
major drug offender under division (D)(3)(b) of section 2929.14    755          

of the Revised Code.                                               756          

      (2)  If the drug involved in the violation is any compound,  759          

mixture, preparation, or substance included in schedule III, IV,   760          

or V, whoever violates division (A) of this section is guilty of   761          

trafficking in drugs.  The penalty for the offense shall be        762          

determined as follows:                                             763          

      (a)  Except as otherwise provided in division (C)(2)(b),     766          

(c), (d), or (e) of this section, trafficking in drugs is a        768          

felony of the fifth degree, and division (C) of section 2929.13    769          

of the Revised Code applies in determining whether to impose a     770          

prison term on the offender.                                                    

      (b)  Except as otherwise provided in division (C)(2)(c),     773          

(d), or (e) of this section, if the offense was committed in the   774          

vicinity of a school or in the vicinity of a juvenile,             775          

trafficking in drugs is a felony of the fourth degree, and         776          

division (C) of section 2929.13 of the Revised Code applies in     777          

determining whether to impose a prison term on the offender.       779          

      (c)  Except as otherwise provided in this division, if the   781          

amount of the drug involved exceeds the bulk amount but does not   783          

exceed five times the bulk amount, trafficking in drugs is a       784          

felony of the fourth degree, and there is a presumption for a      785          

prison term for the offense.  If the amount of the drug involved   786          

is within that range and if the offense was committed in the       787          

vicinity of a school or in the vicinity of a juvenile,             788          

trafficking in drugs is a felony of the third degree, and there    789          

is a presumption for a prison term for the offense.                790          

      (d)  Except as otherwise provided in this division, if the   792          

amount of the drug involved exceeds five times the bulk amount     794          

but does not exceed fifty times the bulk amount, trafficking in    795          

drugs is a felony of the third degree, and there is a presumption  796          

for a prison term for the offense.  If the amount of the drug      797          

involved is within that range and if the offense was committed in  798          

the vicinity of a school or in the vicinity of a juvenile,         799          

                                                          20     

                                                                 
trafficking in drugs is a felony of the second degree, and there   800          

is a presumption for a prison term for the offense.                801          

      (e)  Except as otherwise provided in this division, if the   803          

amount of the drug involved exceeds fifty times the bulk amount,   805          

trafficking in drugs is a felony of the second degree, and the     806          

court shall impose as a mandatory prison term one of the prison    807          

terms prescribed for a felony of the second degree.  If the        808          

amount of the drug involved exceeds fifty times the bulk amount    809          

and if the offense was committed in the vicinity of a school or    810          

in the vicinity of a juvenile, trafficking in drugs is a felony    811          

of the first degree, and the court shall impose as a mandatory     812          

prison term one of the prison terms prescribed for a felony of     813          

the first degree.                                                  814          

      (3)  If the drug involved in the violation is marihuana or   816          

a compound, mixture, preparation, or substance containing          817          

marihuana other than hashish, whoever violates division (A) of     819          

this section is guilty of trafficking in marihuana.  The penalty   820          

for the offense shall be determined as follows:                    821          

      (a)  Except as otherwise provided in division (C)(3)(b),     824          

(c), (d), (e), (f), or (g) of this section, trafficking in         825          

marihuana is a felony of the fifth degree, and division (C) of     828          

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   829          

      (b)  Except as otherwise provided in division (C)(3)(c),     832          

(d), (e), (f), or (g) of this section, if the offense was          834          

committed in the vicinity of a school or in the vicinity of a      835          

juvenile, trafficking in marihuana is a felony of the fourth       836          

degree, and division (C) of section 2929.13 of the Revised Code    837          

applies in determining whether to impose a prison term on the      838          

offender.                                                                       

      (c)  Except as otherwise provided in this division, if the   840          

amount of the drug involved exceeds two hundred grams but does     842          

not exceed one thousand grams, trafficking in marihuana is a       843          

felony of the fourth degree, and division (C) of section 2929.13   844          

                                                          21     

                                                                 
of the Revised Code applies in determining whether to impose a     846          

prison term on the offender.  If the amount of the drug involved   847          

is within that range and if the offense was committed in the       848          

vicinity of a school or in the vicinity of a juvenile,                          

trafficking in marihuana is a felony of the third degree, and      849          

division (C) of section 2929.13 of the Revised Code applies in     850          

determining whether to impose a prison term on the offender.       851          

      (d)  Except as otherwise provided in this division, if the   853          

amount of the drug involved exceeds one thousand grams but does    855          

not exceed five thousand grams, trafficking in marihuana is a      856          

felony of the third degree, and division (C) of section 2929.13    857          

of the Revised Code applies in determining whether to impose a     858          

prison term on the offender.  If the amount of the drug involved   859          

is within that range and if the offense was committed in the       860          

vicinity of a school or in the vicinity of a juvenile,             861          

trafficking in marihuana is a felony of the second degree, and     862          

there is a presumption that a prison term shall be imposed for     863          

the offense.                                                                    

      (e)  Except as otherwise provided in this division, if the   865          

amount of the drug involved exceeds five thousand grams but does   867          

not exceed twenty thousand grams, trafficking in marihuana is a    868          

felony of the third degree, and there is a presumption that a      869          

prison term shall be imposed for the offense.  If the amount of    870          

the drug involved is within that range and if the offense was      871          

committed in the vicinity of a school or in the vicinity of a      872          

juvenile, trafficking in marihuana is a felony of the second       873          

degree, and there is a presumption that a prison term shall be     874          

imposed for the offense.                                           875          

      (f)  Except as otherwise provided in this division, if the   877          

amount of the drug involved exceeds twenty thousand grams,         879          

trafficking in marihuana is a felony of the second degree, and     880          

the court shall impose as a mandatory prison term the maximum      881          

prison term prescribed for a felony of the second degree.  If the  882          

amount of the drug involved exceeds twenty thousand grams and if   883          

                                                          22     

                                                                 
the offense was committed in the vicinity of a school or in the    884          

vicinity of a juvenile, trafficking in marihuana is a felony of    885          

the first degree, and the court shall impose as a mandatory        886          

prison term the maximum prison term prescribed for a felony of     887          

the first degree.                                                  888          

      (g)  Except as otherwise provided in this division, if the   891          

offense involves a gift of twenty grams or less of marihuana,      892          

trafficking in marihuana is a minor misdemeanor upon a first       893          

offense and a misdemeanor of the third degree upon a subsequent    894          

offense.  If the offense involves a gift of twenty grams or less   895          

of marihuana and if the offense was committed in the vicinity of   896          

a school or in the vicinity of a juvenile, trafficking in          897          

marihuana is a misdemeanor of the third degree.                                 

      (4)  If the drug involved in the violation is cocaine or a   899          

compound, mixture, preparation, or substance containing cocaine,   900          

whoever violates division (A) of this section is guilty of         902          

trafficking in cocaine.  The penalty for the offense shall be                   

determined as follows:                                             903          

      (a)  Except as otherwise provided in division (C)(4)(b),     906          

(c), (d), (e), (f), or (g) of this section, trafficking in         907          

cocaine is a felony of the fifth degree, and division (C) of       909          

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   911          

      (b)  Except as otherwise provided in division (C)(4)(c),     914          

(d), (e), (f), or (g) of this section, if the offense was          915          

committed in the vicinity of a school or in the vicinity of a      917          

juvenile, trafficking in cocaine is a felony of the fourth         918          

degree, and division (C) of section 2929.13 of the Revised Code    919          

applies in determining whether to impose a prison term on the      921          

offender.                                                                       

      (c)  Except as otherwise provided in this division, if the   923          

amount of the drug involved exceeds five grams but does not        924          

exceed ten grams of cocaine that is not crack cocaine or exceeds   926          

one gram but does not exceed five grams of crack cocaine,          928          

                                                          23     

                                                                 
trafficking in cocaine is a felony of the fourth degree, and       929          

there is a presumption for a prison term for the offense.  If the  930          

amount of the drug involved is within one of those ranges and if   931          

the offense was committed in the vicinity of a school or in the    932          

vicinity of a juvenile, trafficking in cocaine is a felony of the  933          

third degree, and there is a presumption for a prison term for     934          

the offense.                                                                    

      (d)  Except as otherwise provided in this division, if the   936          

amount of the drug involved exceeds ten grams but does not exceed  937          

one hundred grams of cocaine that is not crack cocaine or exceeds  939          

five grams but does not exceed ten grams of crack cocaine,         940          

trafficking in cocaine is a felony of the third degree, and the    941          

court shall impose as a mandatory prison term one of the prison    942          

terms prescribed for a felony of the third degree.  If the amount  943          

of the drug involved is within one of those ranges and if the      944          

offense was committed in the vicinity of a school or in the        946          

vicinity of a juvenile, trafficking in cocaine is a felony of the  949          

second degree, and the court shall impose as a mandatory prison    950          

term one of the prison terms prescribed for a felony of the        951          

second degree.                                                                  

      (e)  Except as otherwise provided in this division, if the   953          

amount of the drug involved exceeds one hundred grams but does     954          

not exceed five hundred grams of cocaine that is not crack         955          

cocaine or exceeds ten grams but does not exceed twenty-five       957          

grams of crack cocaine, trafficking in cocaine is a felony of the  959          

second degree, and the court shall impose as a mandatory prison    960          

term one of the prison terms prescribed for a felony of the        961          

second degree.  If the amount of the drug involved is within one   962          

of those ranges and if the offense was committed in the vicinity   963          

of a school or in the vicinity of a juvenile, trafficking in       965          

cocaine is a felony of the first degree, and the court shall       967          

impose as a mandatory prison term one of the prison terms          968          

prescribed for a felony of the first degree.                       969          

      (f)  If the amount of the drug involved exceeds five         972          

                                                          24     

                                                                 
hundred grams but does not exceed one thousand grams of cocaine    973          

that is not crack cocaine or exceeds twenty-five grams but does    974          

not exceed one hundred grams of crack cocaine and regardless of    975          

whether the offense was committed in the vicinity of a school or   976          

in the vicinity of a juvenile, trafficking in cocaine is a felony  979          

of the first degree, and the court shall impose as a mandatory     980          

prison term one of the prison terms prescribed for a felony of     981          

the first degree.                                                               

      (g)  If the amount of the drug involved exceeds one          984          

thousand grams of cocaine that is not crack cocaine or exceeds     985          

one hundred grams of crack cocaine and regardless of whether the   987          

offense was committed in the vicinity of a school or in the        988          

vicinity of a juvenile, trafficking in cocaine is a felony of the  989          

first degree, and the court shall impose as a mandatory prison     990          

term the maximum prison term prescribed for a felony of the first  991          

degree and may impose an additional mandatory prison term          992          

prescribed for a major drug offender under division (D)(3)(b) of   994          

section 2929.14 of the Revised Code.                                            

      (5)  If the drug involved in the violation is L.S.D. or a    997          

compound, mixture, preparation, or substance containing L.S.D.,    998          

whoever violates division (A) of this section is guilty of         999          

trafficking in L.S.D.  The penalty for the offense shall be        1,001        

determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(5)(b),     1,004        

(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D.  1,006        

is a felony of the fifth degree, and division (C) of section       1,007        

2929.13 of the Revised Code applies in determining whether to      1,009        

impose a prison term on the offender.                                           

      (b)  Except as otherwise provided in division (C)(5)(c),     1,012        

(d), (e), (f), or (g) of this section, if the offense was          1,013        

committed in the vicinity of a school or in the vicinity of a      1,014        

juvenile, trafficking in L.S.D. is a felony of the fourth degree,  1,016        

and division (C) of section 2929.13 of the Revised Code applies                 

in determining whether to impose a prison term on the offender.    1,017        

                                                          25     

                                                                 
      (c)  Except as otherwise provided in this division, if the   1,019        

amount of the drug involved exceeds ten unit doses but does not    1,021        

exceed fifty unit doses of L.S.D. in a solid form or exceeds one   1,022        

gram but does not exceed five grams of L.S.D. in a liquid          1,024        

concentrate, liquid extract, or liquid distillate form,            1,026        

trafficking in L.S.D. is a felony of the fourth degree, and there  1,029        

is a presumption for a prison term for the offense.  If the        1,030        

amount of the drug involved is within that range and if the                     

offense was committed in the vicinity of a school or in the        1,031        

vicinity of a juvenile, trafficking in L.S.D. is a felony of the   1,033        

third degree, and there is a presumption for a prison term for     1,034        

the offense.                                                                    

      (d)  Except as otherwise provided in this division, if the   1,036        

amount of the drug involved exceeds fifty unit doses but does not  1,038        

exceed two hundred fifty unit doses of L.S.D. in a solid form or   1,039        

exceeds five grams but does not exceed twenty-five grams of        1,041        

L.S.D. in a liquid concentrate, liquid extract, or liquid          1,043        

distillate form, trafficking in L.S.D. is a felony of the third    1,046        

degree, and the court shall impose as a mandatory prison term one  1,047        

of the prison terms prescribed for a felony of the third degree.   1,048        

If the amount of the drug involved is within that range and if     1,049        

the offense was committed in the vicinity of a school or in the    1,050        

vicinity of a juvenile, trafficking in L.S.D. is a felony of the   1,052        

second degree, and the court shall impose as a mandatory prison    1,053        

term one of the prison terms prescribed for a felony of the        1,054        

second degree.                                                                  

      (e)  Except as otherwise provided in this division, if the   1,056        

amount of the drug involved exceeds two hundred fifty unit doses   1,058        

but does not exceed one thousand unit doses of L.S.D. in a solid   1,060        

form or exceeds twenty-five grams but does not exceed one hundred  1,062        

grams of L.S.D. in a liquid concentrate, liquid extract, or        1,064        

liquid distillate form, trafficking in L.S.D. is a felony of the   1,066        

second degree, and the court shall impose as a mandatory prison    1,067        

term one of the prison terms prescribed for a felony of the        1,068        

                                                          26     

                                                                 
second degree.  If the amount of the drug involved is within that  1,069        

range and if the offense was committed in the vicinity of a        1,070        

school or in the vicinity of a juvenile, trafficking in L.S.D. is  1,072        

a felony of the first degree, and the court shall impose as a      1,073        

mandatory prison term one of the prison terms prescribed for a     1,074        

felony of the first degree.                                                     

      (f)  If the amount of the drug involved exceeds one          1,077        

thousand unit doses but does not exceed five thousand unit doses   1,078        

of L.S.D. in a solid form or exceeds one hundred grams but does    1,081        

not exceed five hundred grams of L.S.D. in a liquid concentrate,   1,083        

liquid extract, or liquid distillate form and regardless of        1,084        

whether the offense was committed in the vicinity of a school or   1,085        

in the vicinity of a juvenile, trafficking in L.S.D. is a felony   1,086        

of the first degree, and the court shall impose as a mandatory     1,087        

prison term one of the prison terms prescribed for a felony of     1,088        

the first degree.                                                  1,089        

      (g)  If the amount of the drug involved exceeds five         1,092        

thousand unit doses of L.S.D. in a solid form or exceeds five      1,093        

hundred grams of L.S.D. in a liquid concentrate, liquid extract,   1,095        

or liquid distillate form and regardless of whether the offense    1,098        

was committed in the vicinity of a school or in the vicinity of a  1,099        

juvenile, trafficking in L.S.D. is a felony of the first degree,   1,102        

and the court shall impose as a mandatory prison term the maximum  1,103        

prison term prescribed for a felony of the first degree and may    1,104        

impose an additional mandatory prison term prescribed for a major  1,105        

drug offender under division (D)(3)(b) of section 2929.14 of the   1,107        

Revised Code.                                                                   

      (6)  If the drug involved in the violation is heroin or a    1,109        

compound, mixture, preparation, or substance containing heroin,    1,110        

whoever violates division (A) of this section is guilty of         1,112        

trafficking in heroin.  The penalty for the offense shall be                    

determined as follows:                                             1,113        

      (a)  Except as otherwise provided in division (C)(6)(b),     1,116        

(c), (d), (e), (f), or (g) of this section, trafficking in heroin  1,118        

                                                          27     

                                                                 
is a felony of the fifth degree, and division (C) of section       1,119        

2929.13 of the Revised Code applies in determining whether to                   

impose a prison term on the offender.                              1,121        

      (b)  Except as otherwise provided in division (C)(6)(c),     1,124        

(d), (e), (f), or (g) of this section, if the offense was          1,125        

committed in the vicinity of a school or in the vicinity of a      1,128        

juvenile, trafficking in heroin is a felony of the fourth degree,  1,129        

and division (C) of section 2929.13 of the Revised Code applies    1,131        

in determining whether to impose a prison term on the offender.                 

      (c)  Except as otherwise provided in this division, if the   1,133        

amount of the drug involved exceeds one gram but does not exceed   1,135        

five grams, trafficking in heroin is a felony of the fourth        1,136        

degree, and there is a presumption for a prison term for the       1,137        

offense.  If the amount of the drug involved is within that range  1,138        

and if the offense was committed in the vicinity of a school or    1,139        

in the vicinity of a juvenile, trafficking in heroin is a felony   1,140        

of the third degree, and there is a presumption for a prison term  1,141        

for the offense.                                                   1,142        

      (d)  Except as otherwise provided in this division, if the   1,144        

amount of the drug involved exceeds five grams but does not        1,146        

exceed ten grams, trafficking in heroin is a felony of the third   1,147        

degree, and there is a presumption for a prison term for the       1,148        

offense.  If the amount of the drug involved is within that range  1,149        

and if the offense was committed in the vicinity of a school or    1,150        

in the vicinity of a juvenile, trafficking in heroin is a felony   1,151        

of the second degree, and there is a presumption for a prison      1,152        

term for the offense.                                              1,153        

      (e)  Except as otherwise provided in this division, if the   1,155        

amount of the drug involved exceeds ten grams but does not exceed  1,157        

fifty grams, trafficking in heroin is a felony of the second       1,158        

degree, and the court shall impose as a mandatory prison term one  1,159        

of the prison terms prescribed for a felony of the second degree.  1,160        

If the amount of the drug involved is within that range and if     1,161        

the offense was committed in the vicinity of a school or in the    1,162        

                                                          28     

                                                                 
vicinity of a juvenile, trafficking in heroin is a felony of the   1,163        

first degree, and the court shall impose as a mandatory prison     1,164        

term one of the prison terms prescribed for a felony of the first  1,165        

degree.                                                            1,166        

      (f)  If the amount of the drug involved exceeds fifty grams  1,169        

but does not exceed two hundred fifty grams and regardless of                   

whether the offense was committed in the vicinity of a school or   1,170        

in the vicinity of a juvenile, trafficking in heroin is a felony   1,172        

of the first degree, and the court shall impose as a mandatory     1,173        

prison term one of the prison terms prescribed for a felony of     1,174        

the first degree.                                                               

      (g)  If the amount of the drug involved exceeds two hundred  1,177        

fifty grams and regardless of whether the offense was committed                 

in the vicinity of a school or in the vicinity of a juvenile,      1,178        

trafficking in heroin is a felony of the first degree, and the     1,181        

court shall impose as a mandatory prison term the maximum prison   1,182        

term prescribed for a felony of the first degree and may impose    1,183        

an additional mandatory prison term prescribed for a major drug    1,184        

offender under division (D)(3)(b) of section 2929.14 of the        1,185        

Revised Code.                                                      1,186        

      (7)  If the drug involved in the violation is hashish or a   1,188        

compound, mixture, preparation, or substance containing hashish,   1,189        

whoever violates division (A) of this section is guilty of         1,191        

trafficking in hashish.  The penalty for the offense shall be                   

determined as follows:                                             1,192        

      (a)  Except as otherwise provided in division (C)(7)(b),     1,195        

(c), (d), (e), or (f) of this section, trafficking in hashish is   1,197        

a felony of the fifth degree, and division (C) of section 2929.13  1,198        

of the Revised Code applies in determining whether to impose a     1,200        

prison term on the offender.                                                    

      (b)  Except as otherwise provided in division (C)(7)(c),     1,203        

(d), (e), or (f) of this section, if the offense was committed in  1,204        

the vicinity of a school or in the vicinity of a juvenile,         1,206        

trafficking in hashish is a felony of the fourth degree, and       1,207        

                                                          29     

                                                                 
division (C) of section 2929.13 of the Revised Code applies in     1,208        

determining whether to impose a prison term on the offender.       1,209        

      (c)  Except as otherwise provided in this division, if the   1,211        

amount of the drug involved exceeds ten grams but does not exceed  1,212        

fifty grams of hashish in a solid form or exceeds two grams but    1,213        

does not exceed ten grams of hashish in a liquid concentrate,      1,214        

liquid extract, or liquid distillate form, trafficking in hashish  1,215        

is a felony of the fourth degree, and division (C) of section      1,216        

2929.13 of the Revised Code applies in determining whether to      1,217        

impose a prison term on the offender.  If the amount of the drug   1,218        

involved is within that range and if the offense was committed in  1,219        

the vicinity of a school or in the vicinity of a juvenile,         1,220        

trafficking in hashish is a felony of the third degree, and        1,221        

division (C) of section 2929.13 of the Revised Code applies in     1,222        

determining whether to impose a prison term on the offender.                    

      (d)  Except as otherwise provided in this division, if the   1,224        

amount of the drug involved exceeds fifty grams but does not       1,225        

exceed two hundred fifty grams of hashish in a solid form or       1,226        

exceeds ten grams but does not exceed fifty grams of hashish in a  1,227        

liquid concentrate, liquid extract, or liquid distillate form,     1,228        

trafficking in hashish is a felony of the third degree, and        1,230        

division (C) of section 2929.13 of the Revised Code applies in                  

determining whether to impose a prison term on the offender.  If   1,231        

the amount of the drug involved is within that range and if the    1,233        

offense was committed in the vicinity of a school or in the        1,234        

vicinity of a juvenile, trafficking in hashish is a felony of the  1,235        

second degree, and there is a presumption that a prison term       1,236        

shall be imposed for the offense.                                               

      (e)  Except as otherwise provided in this division, if the   1,238        

amount of the drug involved exceeds two hundred fifty grams but    1,239        

does not exceed one thousand grams of hashish in a solid form or   1,240        

exceeds fifty grams but does not exceed two hundred grams of       1,241        

hashish in a liquid concentrate, liquid extract, or liquid         1,243        

distillate form, trafficking in hashish is a felony of the third   1,244        

                                                          30     

                                                                 
degree, and there is a presumption that a prison term shall be                  

imposed for the offense.  If the amount of the drug involved is    1,245        

within that range and if the offense was committed in the          1,246        

vicinity of a school or in the vicinity of a juvenile,             1,247        

trafficking in hashish is a felony of the second degree, and       1,248        

there is a presumption that a prison term shall be imposed for     1,249        

the offense.                                                                    

      (f)  Except as otherwise provided in this division, if the   1,251        

amount of the drug involved exceeds one thousand grams of hashish  1,253        

in a solid form or exceeds two hundred grams of hashish in a       1,254        

liquid concentrate, liquid extract, or liquid distillate form,                  

trafficking in hashish is a felony of the second degree, and the   1,256        

court shall impose as a mandatory prison term the maximum prison   1,257        

term prescribed for a felony of the second degree.  If the amount  1,258        

of the drug involved exceeds one thousand grams of hashish in a    1,260        

solid form or exceeds two hundred grams of hashish in a liquid     1,261        

concentrate, liquid extract, or liquid distillate form and if the  1,262        

offense was committed in the vicinity of a school or in the                     

vicinity of a juvenile, trafficking in hashish is a felony of the  1,264        

first degree, and the court shall impose as a mandatory prison     1,265        

term the maximum prison term prescribed for a felony of the first  1,266        

degree.                                                                         

      (D)  In addition to any prison term authorized or required   1,269        

by division (C) of this section and sections 2929.13 and 2929.14   1,270        

of the Revised Code, and in addition to any other sanction         1,271        

imposed for the offense under this section or sections 2929.11 to  1,272        

2929.18 of the Revised Code, the court that sentences an offender  1,273        

who is convicted of or pleads guilty to a violation of division    1,274        

(A) of this section shall do all of the following that are         1,276        

applicable regarding the offender:                                              

      (1)  If the violation of division (A) of this section is a   1,279        

felony of the first, second, or third degree, the court shall      1,280        

impose upon the offender the mandatory fine specified for the      1,281        

offense under division (B)(1) of section 2929.18 of the Revised    1,282        

                                                          31     

                                                                 
Code unless, as specified in that division, the court determines   1,283        

that the offender is indigent.  Except as otherwise provided in    1,284        

division (H)(1) of this section, a mandatory fine or any other     1,285        

fine imposed for a violation of this section is subject to         1,286        

division (F) of this section.  If a person is charged with a       1,287        

violation of this section that is a felony of the first, second,   1,288        

or third degree, posts bail, and forfeits the bail, the clerk of   1,289        

the court shall pay the forfeited bail pursuant to divisions       1,291        

(D)(1) and (F) of this section, as if the forfeited bail was a     1,292        

fine imposed for a violation of this section.  If any amount of    1,293        

the forfeited bail remains after that payment and if a fine is     1,294        

imposed under division (H)(1) of this section, the clerk of the    1,295        

court shall pay the remaining amount of the forfeited bail         1,296        

pursuant to divisions (H)(2) and (3) of this section, as if that   1,297        

remaining amount was a fine imposed under division (H)(1) of this               

section.                                                           1,298        

      (2)  The court shall revoke or suspend the driver's or       1,300        

commercial driver's license or permit of the offender in           1,301        

accordance with division (G) of this section.                      1,302        

      (3)  If the offender is a professionally licensed person or  1,305        

a person who has been admitted to the bar by order of the supreme  1,306        

court in compliance with its prescribed and published rules, the   1,307        

court forthwith shall comply with section 2925.38 of the Revised   1,308        

Code.                                                                           

      (E)  When a person is charged with the sale of or offer to   1,311        

sell a bulk amount or a multiple of a bulk amount of a controlled  1,312        

substance, the jury, or the court trying the accused, shall        1,314        

determine the amount of the controlled substance involved at the   1,315        

time of the offense and, if a guilty verdict is returned, shall    1,316        

return the findings as part of the verdict.  In any such case, it  1,317        

is unnecessary to find and return the exact amount of the          1,318        

controlled substance involved, and it is sufficient if the                      

finding and return is to the effect that the amount of the         1,319        

controlled substance involved is the requisite amount, or that     1,321        

                                                          32     

                                                                 
the amount of the controlled substance involved is less than the   1,322        

requisite amount.                                                  1,323        

      (F)(1)  Notwithstanding any contrary provision of section    1,326        

3719.21 of the Revised Code and except as provided in division     1,327        

(H) of this section, the clerk of the court shall pay any          1,328        

mandatory fine imposed pursuant to division (D)(1) of this         1,331        

section and any fine other than a mandatory fine that is imposed   1,332        

for a violation of this section pursuant to division (A) or        1,333        

(B)(5) of section 2929.18 of the Revised Code to the county,       1,335        

township, municipal corporation, park district, as created         1,336        

pursuant to section 511.18 or 1545.04 of the Revised Code, or      1,337        

state law enforcement agencies in this state that primarily were   1,338        

responsible for or involved in making the arrest of, and in        1,339        

prosecuting, the offender.  However, the clerk shall not pay a     1,340        

mandatory fine so imposed to a law enforcement agency unless the   1,341        

agency has adopted a written internal control policy under         1,342        

division (F)(2) of this section that addresses the use of the      1,344        

fine moneys that it receives.  Each agency shall use the           1,346        

mandatory fines so paid to subsidize the agency's law enforcement               

efforts that pertain to drug offenses, in accordance with the      1,348        

written internal control policy adopted by the recipient agency    1,349        

under division (F)(2) of this section.                             1,350        

      (2)(a)  Prior to receiving any fine moneys under division    1,352        

(F)(1) of this section or division (B)(5) of section 2925.42 of    1,355        

the Revised Code, a law enforcement agency shall adopt a written   1,356        

internal control policy that addresses the agency's use and        1,357        

disposition of all fine moneys so received and that provides for   1,358        

the keeping of detailed financial records of the receipts of       1,359        

those fine moneys, the general types of expenditures made out of   1,360        

those fine moneys, and the specific amount of each general type    1,361        

of expenditure.  The policy shall not provide for or permit the    1,362        

identification of any specific expenditure that is made in an      1,363        

ongoing investigation.  All financial records of the receipts of   1,364        

those fine moneys, the general types of expenditures made out of   1,365        

                                                          33     

                                                                 
those fine moneys, and the specific amount of each general type    1,366        

of expenditure by an agency are public records open for            1,367        

inspection under section 149.43 of the Revised Code.               1,368        

Additionally, a written internal control policy adopted under      1,369        

this division is such a public record, and the agency that         1,370        

adopted it shall comply with it.                                   1,371        

      (b)  Each law enforcement agency that receives in any        1,373        

calendar year any fine moneys under division (F)(1) of this        1,374        

section or division (B)(5) of section 2925.42 of the Revised Code  1,375        

shall prepare a report covering the calendar year that cumulates   1,376        

all of the information contained in all of the public financial    1,377        

records kept by the agency pursuant to division (F)(2)(a) of this  1,379        

section for that calendar year, and shall send a copy of the       1,380        

cumulative report, no later than the first day of March in the     1,381        

calendar year following the calendar year covered by the report,   1,382        

to the attorney general.  Each report received by the attorney     1,383        

general is a public record open for inspection under section       1,384        

149.43 of the Revised Code.  The attorney general shall make       1,385        

copies of each report received, and, no NOT later than the         1,386        

fifteenth day of April in the calendar year in which the report    1,388        

is REPORTS ARE received, THE ATTORNEY GENERAL shall send a copy    1,389        

of it to the president of the senate and the speaker of the house  1,391        

of representatives A WRITTEN NOTIFICATION THAT DOES ALL OF THE     1,392        

FOLLOWING:                                                         1,393        

      (i)  INDICATES THAT THE ATTORNEY GENERAL HAS RECEIVED FROM   1,395        

LAW ENFORCEMENT AGENCIES REPORTS OF THE TYPE DESCRIBED IN THIS     1,396        

DIVISION THAT COVER THE PREVIOUS CALENDAR YEAR AND INDICATES THAT  1,399        

THE REPORTS WERE RECEIVED UNDER THIS DIVISION;                     1,400        

      (ii)  INDICATES THAT THE REPORTS ARE OPEN FOR INSPECTION     1,403        

UNDER SECTION 149.43 OF THE REVISED CODE;                          1,404        

      (iii)  INDICATES THAT THE ATTORNEY GENERAL WILL PROVIDE A    1,407        

COPY OF ANY OR ALL OF THE REPORTS TO THE PRESIDENT OF THE SENATE   1,408        

OR THE SPEAKER OF THE HOUSE OF REPRESENTATIVES UPON REQUEST.       1,409        

      (3)  As used in division (F) of this section:                1,412        

                                                          34     

                                                                 
      (a)  "Law enforcement agencies" includes, but is not         1,414        

limited to, the state board of pharmacy and the office of a        1,415        

prosecutor.                                                        1,416        

      (b)  "Prosecutor" has the same meaning as in section         1,418        

2935.01 of the Revised Code.                                       1,419        

      (G)  When required under division (D)(2) of this section,    1,423        

the court either shall revoke or, if it does not revoke, shall     1,424        

suspend for not less than six months or more than five years, the  1,425        

driver's or commercial driver's license or permit of any person    1,427        

who is convicted of or pleads guilty to a violation of this        1,429        

section that is a felony of the first degree and shall suspend     1,430        

for not less than six months or more than five years the driver's  1,432        

or commercial driver's license or permit of any person who is      1,434        

convicted of or pleads guilty to any other violation of this       1,435        

section.  If an offender's driver's or commercial driver's         1,436        

license or permit is revoked pursuant to this division, the        1,438        

offender, at any time after the expiration of two years from the   1,439        

day on which the offender's sentence was imposed or from the day   1,440        

on which the offender finally was released from a prison term      1,443        

under the sentence, whichever is later, may file a motion with     1,444        

the sentencing court requesting termination of the revocation;     1,445        

upon the filing of such a motion and the court's finding of good   1,446        

cause for the termination, the court may terminate the             1,447        

revocation.                                                                     

      (H)(1)  In addition to any prison term authorized or         1,450        

required by division (C) of this section and sections 2929.13 and  1,451        

2929.14 of the Revised Code, in addition to any other penalty or   1,453        

sanction imposed for the offense under this section or sections    1,454        

2929.11 to 2929.181 of the Revised Code, and in addition to the    1,455        

forfeiture of property in connection with the offense as           1,456        

prescribed in sections 2925.42 to 2925.45 of the Revised Code,     1,458        

the court that sentences an offender who is convicted of or        1,459        

pleads guilty to a violation of division (A) of this section may   1,460        

impose upon the offender an additional fine specified for the      1,461        

                                                          35     

                                                                 
offense in division (B)(4) of section 2929.18 of the Revised       1,463        

Code.  A fine imposed under division (H)(1) of this section is     1,465        

not subject to division (F) of this section and shall be used      1,466        

solely for the support of one or more eligible alcohol and drug    1,467        

addiction programs in accordance with divisions (H)(2) and (3) of  1,468        

this section.                                                                   

      (2)  The court that imposes a fine under division (H)(1) of  1,471        

this section shall specify in the judgment that imposes the fine   1,472        

one or more eligible alcohol and drug addiction programs for the   1,473        

support of which the fine money is to be used.  No alcohol and     1,474        

drug addiction program shall receive or use money paid or          1,475        

collected in satisfaction of a fine imposed under division (H)(1)  1,477        

of this section unless the program is specified in the judgment    1,478        

that imposes the fine.  No alcohol and drug addiction program      1,479        

shall be specified in the judgment unless the program is an        1,480        

eligible alcohol and drug addiction program and, except as         1,481        

otherwise provided in division (H)(2) of this section, unless the  1,483        

program is located in the county in which the court that imposes   1,484        

the fine is located or in a county that is immediately contiguous  1,485        

to the county in which that court is located.  If no eligible      1,486        

alcohol and drug addiction program is located in any of those      1,487        

counties, the judgment may specify an eligible alcohol and drug    1,488        

addiction program that is located anywhere within this state.      1,489        

      (3)  Notwithstanding any contrary provision of section       1,491        

3719.21 of the Revised Code, the clerk of the court shall pay any  1,493        

fine imposed under division (H)(1) of this section to the          1,494        

eligible alcohol and drug addiction program specified pursuant to  1,495        

division (H)(2) of this section in the judgment.  The eligible     1,496        

alcohol and drug addiction program that receives the fine moneys   1,497        

shall use the moneys only for the alcohol and drug addiction       1,498        

services identified in the application for certification under     1,499        

section 3793.06 of the Revised Code or in the application for a    1,500        

license under section 3793.11 of the Revised Code filed with the   1,502        

department of alcohol and drug addiction services by the alcohol                

                                                          36     

                                                                 
and drug addiction program specified in the judgment.              1,503        

      (4)  Each alcohol and drug addiction program that receives   1,505        

in a calendar year any fine moneys under division (H)(3) of this   1,507        

section shall file an annual report covering that calendar year    1,508        

with the court of common pleas and the board of county             1,509        

commissioners of the county in which the program is located, with  1,510        

the court of common pleas and the board of county commissioners    1,511        

of each county from which the program received the moneys if that  1,512        

county is different from the county in which the program is                     

located, and with the attorney general.  The alcohol and drug      1,513        

addiction program shall file the report no later than the first    1,514        

day of March in the calendar year following the calendar year in   1,516        

which the program received the fine moneys.  The report shall      1,517        

include statistics on the number of persons served by the alcohol  1,518        

and drug addiction program, identify the types of alcohol and      1,519        

drug addiction services provided to those persons, and include a   1,520        

specific accounting of the purposes for which the fine moneys      1,521        

received were used.  No information contained in the report shall  1,522        

identify, or enable a person to determine the identity of, any     1,523        

person served by the alcohol and drug addiction program.  Each     1,524        

report received by a court of common pleas, a board of county      1,525        

commissioners, or the attorney general is a public record open     1,526        

for inspection under section 149.43 of the Revised Code.           1,527        

      (5)  As used in divisions (H)(1) to (5) of this section:     1,529        

      (a)  "Alcohol and drug addiction program" and "alcohol and   1,532        

drug addiction services" have the same meanings as in section      1,533        

3793.01 of the Revised Code.                                                    

      (b)  "Eligible alcohol and drug addiction program" means an  1,536        

alcohol and drug addiction program that is certified under         1,537        

section 3793.06 of the Revised Code or licensed under section      1,538        

3793.11 of the Revised Code by the department of alcohol and drug  1,540        

addiction services.                                                             

      Sec. 2933.41.  (A)(1)  Any property, other than contraband   1,547        

that is subject to the provisions of section 2913.34 or 2933.43    1,549        

                                                          37     

                                                                 
of the Revised Code, other than property that is subject to        1,550        

section 3719.141 of the Revised Code, other than property that is  1,551        

forfeited under sections 2925.41 to 2925.45 of the Revised Code,   1,552        

other than a vehicle that is criminally forfeited under an order   1,553        

issued under section 4503.233 or 4503.234 of the Revised Code and  1,554        

that is to be disposed of under section 4503.234 of the Revised    1,555        

Code, other than property that has been lawfully seized under      1,556        

sections 2933.71 to 2933.75 of the Revised Code in relation to a   1,557        

medicaid fraud offense, and other than property that has been      1,558        

lawfully seized in relation to a violation of section 2923.32 of   1,559        

the Revised Code, that has been lost, abandoned, stolen, seized    1,560        

pursuant to a search warrant, or otherwise lawfully seized or      1,561        

forfeited, and that is in the custody of a law enforcement agency  1,563        

shall be kept safely pending the time it no longer is needed as    1,564        

evidence and shall be disposed of pursuant to this section.  Each  1,565        

law enforcement agency that has custody of any property that is    1,566        

subject to this section shall adopt a written internal control     1,567        

policy that addresses the keeping of detailed records as to the    1,568        

amount of property taken in by the agency, that addresses the      1,569        

agency's disposition of the property under this section, that      1,570        

provides for the keeping of detailed records of the disposition    1,571        

of the property, and that provides for the keeping of detailed     1,572        

financial records of the amount and disposition of any proceeds    1,573        

of a sale of the property under division (D)(8) of this section    1,574        

and of the general types of expenditures made out of the proceeds  1,575        

retained by the agency and the specific amount expended on each    1,576        

general type of expenditure.  The policy shall not provide for or  1,577        

permit the identification of any specific expenditure that is      1,578        

made in an ongoing investigation.  The policy is a public record   1,579        

open for inspection under section 149.43 of the Revised Code.      1,580        

      (2)(a)  Every law enforcement agency that has any lost,      1,582        

abandoned, stolen, seized, or forfeited property as described in   1,583        

division (A)(1) of this section in its custody shall comply with   1,584        

its written internal control policy adopted under that division    1,585        

                                                          38     

                                                                 
relative to the property.  Each agency that has any property of    1,587        

that nature in its custody, except for property to be disposed of  1,588        

under division (D)(4) of this section, shall maintain an accurate  1,589        

record, in accordance with its written internal control policy,    1,590        

of each item of the property.  The record shall include the date   1,591        

on which each item of property came into the agency's custody,     1,592        

the manner in which it was disposed of, the date of its            1,593        

disposition, the name of the person who received the property if   1,594        

it was not destroyed, and all other information required by the    1,595        

agency's written internal control policy; however, the record      1,596        

shall not identify or enable the identification of the individual  1,597        

officer who seized any item of property.  The record of any        1,598        

property that no longer is needed as evidence, and all financial   1,599        

records of the amount and disposition of any proceeds of a sale    1,600        

under division (D)(8) of this section and of the general types of  1,601        

expenditures made out of the proceeds retained by the agency and   1,602        

the specific amount of each general type of expenditure, shall be  1,603        

open to public inspection during the agency's regular business     1,604        

hours.                                                             1,605        

      Each law enforcement agency that, during any calendar year,  1,607        

has any seized or forfeited property as described in division      1,608        

(A)(1) of this section in its custody shall prepare a report       1,609        

covering the calendar year that cumulates all of the information   1,610        

contained in all of the records kept by the agency pursuant to     1,611        

this division for that calendar year and shall send a copy of the  1,613        

cumulative report, no later than the first day of March in the     1,614        

calendar year following the calendar year covered by the report,   1,615        

to the attorney general.  Each report received by the attorney     1,616        

general is a public record open for inspection under section       1,617        

149.43 of the Revised Code.  The attorney general shall make       1,618        

copies of each report received and, no later than the fifteenth    1,619        

day of April in the calendar year in which the report is           1,620        

received, shall send a copy of it to the president of the senate   1,621        

and the speaker of the house of representatives.                                

                                                          39     

                                                                 
      (b)  Each law enforcement agency that receives in any        1,623        

calendar year any proceeds of a sale under division (D)(8) of      1,624        

this section shall prepare a report covering the calendar year     1,625        

that cumulates all of the information contained in all of the      1,626        

public financial records kept by the agency pursuant to division   1,627        

(D)(2)(a) of this section for that calendar year and shall send a  1,629        

copy of the cumulative report, no later than the first day of                   

March in the calendar year following the calendar year covered by  1,630        

the report, to the attorney general.  Each report received by the  1,631        

attorney general is a public record open for inspection under      1,632        

section 149.43 of the Revised Code.  The attorney general shall    1,633        

make copies of each report received and, no later than the         1,634        

fifteenth day of April in the calendar year in which the report    1,635        

is received, shall send a copy of it to the president of the       1,636        

senate and the speaker of the house of representatives.            1,637        

      (c)  NOT LATER THAN THE FIFTEENTH DAY OF APRIL IN THE        1,639        

CALENDAR YEAR IN WHICH REPORTS ARE SENT TO THE ATTORNEY GENERAL    1,640        

UNDER DIVISIONS (A)(2)(a) AND (b) OF THIS SECTION, THE ATTORNEY    1,643        

GENERAL SHALL SEND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER               

OF THE HOUSE OF REPRESENTATIVES A WRITTEN NOTIFICATION THAT DOES   1,644        

ALL OF THE FOLLOWING:                                              1,645        

      (i)  INDICATES THAT THE ATTORNEY GENERAL HAS RECEIVED FROM   1,647        

LAW ENFORCEMENT AGENCIES REPORTS OF THE TYPE DESCRIBED IN          1,649        

DIVISION (A)(2)(a), (A)(2)(b), OR BOTH (A)(2)(a) AND (b) OF THIS   1,651        

SECTION, WHICHEVER IS APPLICABLE, THAT COVER THE PREVIOUS          1,652        

CALENDAR YEAR AND INDICATES THAT THE REPORTS WERE RECEIVED UNDER   1,653        

DIVISION (A)(2)(a), (A)(2)(b), OR BOTH (A)(2)(a) AND (b) OF THIS   1,655        

SECTION, WHICHEVER IS APPLICABLE;                                  1,656        

      (ii)  INDICATES THAT THE REPORTS ARE OPEN FOR INSPECTION     1,659        

UNDER SECTION 149.43 OF THE REVISED CODE;                          1,660        

      (iii)  INDICATES THAT THE ATTORNEY GENERAL WILL PROVIDE A    1,663        

COPY OF ANY OR ALL OF THE REPORTS TO THE PRESIDENT OF THE SENATE   1,664        

OR THE SPEAKER OF THE HOUSE OF REPRESENTATIVES UPON REQUEST.       1,665        

      (B)  A law enforcement agency that has property in its       1,667        

                                                          40     

                                                                 
possession that is required to be disposed of pursuant to this     1,668        

section shall make a reasonable effort to locate the persons       1,669        

entitled to possession of the property in its custody, to notify   1,670        

them of when and where it may be claimed, and to return the        1,671        

property to them at the earliest possible time.  In the absence    1,672        

of evidence identifying persons entitled to possession, it is      1,673        

sufficient notice to advertise in a newspaper of general           1,674        

circulation in the county, briefly describing the nature of the    1,675        

property in custody and inviting persons to view and establish     1,676        

their right to it.                                                 1,677        

      (C)  A person loses any right that the person may have to    1,679        

the possession, or the possession and ownership, of property if    1,680        

any of the following applies:                                      1,681        

      (1)  The property was the subject, or was used in a          1,683        

conspiracy or attempt to commit, or in the commission, of an       1,684        

offense other than a traffic offense, and the person is a          1,685        

conspirator, accomplice, or offender with respect to the offense.  1,686        

      (2)  A court determines that the property should be          1,688        

forfeited because, in light of the nature of the property or the   1,689        

circumstances of the person, it is unlawful for the person to      1,690        

acquire or possess the property.                                   1,691        

      (D)  Unclaimed or forfeited property in the custody of a     1,693        

law enforcement agency, other than contraband that is subject to   1,694        

the provisions of section 2913.34 or 2933.43 of the Revised Code,  1,696        

other than property forfeited under sections 2925.41 to 2925.45    1,697        

of the Revised Code, and other than property that has been         1,698        

lawfully seized in relation to a violation of section 2923.32 of   1,699        

the Revised Code, shall be disposed of on application to and       1,700        

order of any court of record that has territorial jurisdiction     1,701        

over the political subdivision in which the law enforcement        1,702        

agency has jurisdiction to engage in law enforcement activities,   1,703        

as follows:                                                                     

      (1)  Drugs shall be disposed of pursuant to section 3719.11  1,705        

of the Revised Code or placed in the custody of the secretary of   1,706        

                                                          41     

                                                                 
the treasury of the United States for disposal or use for medical  1,707        

or scientific purposes under applicable federal law.               1,708        

      (2)  Firearms and dangerous ordnance suitable for police     1,710        

work may be given to a law enforcement agency for that purpose.    1,711        

Firearms suitable for sporting use or as museum pieces or          1,712        

collectors' items may be sold at public auction pursuant to        1,713        

division (D)(8) of this section.  Other firearms and dangerous     1,714        

ordnance shall be destroyed by the agency or shall be sent to the  1,715        

bureau of criminal identification and investigation for            1,716        

destruction by the bureau.                                         1,717        

      (3)  Obscene materials shall be destroyed.                   1,719        

      (4)  Beer, intoxicating liquor, or alcohol seized from a     1,721        

person who is not the holder of a permit issued under Chapters     1,722        

4301. and 4303. of the Revised Code or is an offender and          1,723        

forfeited to the state under section 4301.45 or 4301.53 of the     1,724        

Revised Code shall be sold by the division of liquor control, if   1,726        

the division determines that the beer, intoxicating liquor, or     1,727        

alcohol is fit for sale.  If any tax imposed under Title XLIII of  1,728        

the Revised Code has not been paid in relation to the beer,                     

intoxicating liquor, or alcohol, the proceeds of the sale shall    1,729        

first be used to pay the tax.  All other money collected under     1,730        

division (D)(4) of this section shall be paid into the state       1,731        

treasury.  Any such beer, intoxicating liquor, or alcohol that     1,732        

the division determines to be unfit for sale shall be destroyed.   1,734        

      (5)  Money received by an inmate of a correctional           1,736        

institution from an unauthorized source or in an unauthorized      1,737        

manner shall be returned to the sender, if known, or deposited in  1,738        

the inmates' industrial and entertainment fund if the sender is    1,739        

not known.                                                         1,740        

      (6)  Vehicles and vehicle parts forfeited under sections     1,742        

4549.61 to 4549.63 of the Revised Code may be given to a law       1,743        

enforcement agency for use in the performance of its duties.       1,744        

Those parts may be incorporated into any other official vehicle.   1,745        

Parts that do not bear vehicle identification numbers or           1,746        

                                                          42     

                                                                 
derivatives of them may be sold or disposed of as provided by      1,747        

rules of the director of public safety.  Parts from which a        1,748        

vehicle identification number or derivative of it has been         1,749        

removed, defaced, covered, altered, or destroyed and that are not  1,750        

suitable for police work or incorporation into an official         1,751        

vehicle shall be destroyed and sold as junk or scrap.              1,752        

      (7)(a)  Computers, computer networks, computer systems, and  1,754        

computer software suitable for police work may be given to a law   1,755        

enforcement agency for that purpose.  Other computers, computer    1,756        

networks, computer systems, and computer software shall be         1,757        

disposed of pursuant to division (D)(8) of this section.           1,758        

      (b)  As used in this section, "computers," "computer         1,760        

networks," "computer systems," and "computer software" have the    1,761        

same meanings as in section 2913.01 of the Revised Code.           1,762        

      (8)  Other unclaimed or forfeited property, with the         1,764        

approval of the court, may be used by the law enforcement agency   1,765        

that has possession of it.  If the other unclaimed or forfeited    1,766        

property is not used by the law enforcement agency, it may be      1,767        

sold, without appraisal, at a public auction to the highest        1,768        

bidder for cash, or, in the case of other unclaimed or forfeited   1,769        

moneys, disposed of in another manner that the court considers     1,770        

proper in the circumstances.                                       1,771        

      (E)(1)(a)  If the property was in the possession of the law  1,774        

enforcement agency in relation to a delinquent child proceeding    1,775        

in a juvenile court, ten per cent of the proceeds from property    1,776        

disposed of pursuant to this section shall be applied to one or    1,777        

more alcohol and drug addiction treatment programs that are        1,778        

certified by the department of alcohol and drug addiction                       

services under section 3793.06 of the Revised Code and that are    1,780        

specified by the court in its order issued under division (D) of   1,781        

this section.  A juvenile court shall not specify an alcohol or    1,783        

drug addiction treatment program in the order unless the program   1,785        

is a certified alcohol and drug addiction treatment program and,   1,786        

except as provided in division (E)(1)(a) of this section, unless   1,787        

                                                          43     

                                                                 
the program is located in the county in which the court that       1,789        

issues the orders is located or in a contiguous county.  If no     1,790        

certified alcohol and drug addiction treatment program is located  1,791        

in any of those counties, the juvenile court may specify in the                 

order a certified alcohol and drug addiction treatment program     1,794        

located anywhere within this state.  The remaining ninety per      1,795        

cent of the proceeds shall be applied as provided in divisions     1,796        

(E)(1)(b) of this section.                                         1,797        

      If the property was in the possession of the law             1,799        

enforcement agency other than in relation to a delinquent child    1,800        

proceeding in a juvenile court, all of the proceeds from property  1,801        

disposed of pursuant to this section shall be applied as provided  1,802        

in division (E)(1)(b) of this section.                             1,803        

      (b)  Except as provided in divisions (D)(4), (5), and        1,805        

(E)(2) of this section and after compliance with division          1,806        

(E)(1)(a) of this section when that division is applicable, the    1,808        

proceeds from property disposed of pursuant to this section shall  1,810        

be placed in the general fund of the state, the county, the        1,811        

township, or the municipal corporation, of which the law           1,812        

enforcement agency involved is an agency.                          1,813        

      (2)  Each board of county commissioners that recognizes a    1,815        

citizens' reward program as provided in section 9.92 of the        1,816        

Revised Code shall notify each law enforcement agency of that      1,817        

county and each law enforcement agency of a township or municipal  1,818        

corporation wholly located in that county of the official          1,819        

recognition of the citizens' reward program by filing a copy of    1,820        

its resolution conferring that recognition with each of those law  1,822        

enforcement agencies.  When the board of county commissioners of   1,823        

a county recognizes a citizens' reward program and the county      1,824        

includes a part, but not all, of the territory of a municipal      1,825        

corporation, the board shall so notify the law enforcement agency  1,826        

of that municipal corporation of the official recognition of the   1,827        

citizens' reward program only if the county contains the highest   1,828        

percentage of the municipal corporation's population.  Upon        1,829        

                                                          44     

                                                                 
receipt of a notice of that nature, each law enforcement agency    1,831        

shall pay twenty-five per cent of the proceeds from each sale of   1,832        

property disposed of pursuant to this section to the citizens'     1,833        

reward program for use exclusively for the payment of rewards.     1,834        

No part of those funds may be used to pay for the administrative   1,835        

expenses or any other expenses associated with a citizens' reward  1,836        

program.  If a citizens' reward program that operates in more      1,837        

than one county or in another state or states in addition to this  1,838        

state receives funds pursuant to this section, the funds shall be  1,839        

used to pay rewards only for tips and information to law           1,840        

enforcement agencies concerning felonies, offenses of violence,    1,841        

or misdemeanors that have been committed in the county from which  1,842        

the funds were received.                                           1,843        

      (F)  This section does not apply to the collection,          1,845        

storage, or disposal of abandoned junk motor vehicles.  This       1,846        

section shall not be construed to rescind or restrict the          1,847        

authority of a municipal law enforcement agency to keep and        1,848        

dispose of lost, abandoned, stolen, seized, or forfeited property  1,849        

under an ordinance of the municipal corporation, provided that,    1,850        

when a municipal corporation that has received notice as provided  1,851        

in division (E)(2) of this section disposes of property under an   1,853        

ordinance of that nature, it shall pay twenty-five per cent of     1,854        

the proceeds from any sale or auction to the citizens' reward      1,855        

program as provided under that division.                           1,856        

      (G)  The receipt of funds by a citizens' reward program      1,858        

pursuant to division (E) of this section does not make it a        1,859        

governmental unit for purposes of section 149.43 of the Revised    1,860        

Code and does not subject it to the disclosure provisions of that  1,861        

section.                                                           1,862        

      (H)  For purposes of this section, "law enforcement agency"  1,864        

includes correctional institutions.  As used in this section,      1,865        

"citizens' reward program" has the same meaning as in section      1,866        

9.92 of the Revised Code.                                          1,867        

      Sec. 2933.43.  (A)(1)  Except as provided in this division   1,876        

                                                          45     

                                                                 
or in section 2913.34 or sections 2925.41 to 2925.45 of the        1,878        

Revised Code, a law enforcement officer shall seize any            1,879        

contraband that has been, is being, or is intended to be used in   1,880        

violation of division (A) of section 2933.42 of the Revised Code.  1,881        

A law enforcement officer shall seize contraband that is a         1,882        

watercraft, motor vehicle, or aircraft and that has been, is       1,883        

being, or is intended to be used in violation of division (A) of   1,884        

section 2933.42 of the Revised Code only if the watercraft, motor  1,885        

vehicle, or aircraft is contraband because of its relationship to  1,886        

an underlying criminal offense that is a felony.                   1,887        

      Additionally, a law enforcement officer shall seize any      1,889        

watercraft, motor vehicle, aircraft, or other personal property    1,890        

that is classified as contraband under division (B) of section     1,891        

2933.42 of the Revised Code if the underlying offense involved in  1,892        

the violation of division (A) of that section that resulted in     1,893        

the watercraft, motor vehicle, aircraft, or personal property      1,894        

being classified as contraband, is a felony.                       1,895        

      (2)  If a law enforcement officer seizes property that is    1,897        

titled or registered under law, including a motor vehicle,         1,898        

pursuant to division (A)(1) of this section, the officer or the    1,899        

officer's employing law enforcement agency shall notify the owner  1,900        

of the seizure.  The notification shall be given to the owner at   1,901        

the owner's last known address within seventy-two hours after the  1,902        

seizure, and may be given orally by any means, including           1,903        

telephone, or by certified mail, return receipt requested.         1,904        

      If the officer or the officer's agency is unable to provide  1,906        

the notice required by this division despite reasonable, good      1,907        

faith efforts to do so, the exercise of the reasonable, good       1,908        

faith efforts constitutes fulfillment of the notice requirement    1,909        

imposed by this division.                                          1,910        

      (B)(1)  A motor vehicle seized pursuant to division (A)(1)   1,912        

of this section and the contents of the vehicle may be retained    1,913        

for a reasonable period of time, not to exceed seventy-two hours,  1,914        

for the purpose of inspection, investigation, and the gathering    1,915        

                                                          46     

                                                                 
of evidence of any offense or illegal use.                         1,916        

      At any time prior to the expiration of the seventy-two-hour  1,918        

period, the law enforcement agency that seized the motor vehicle   1,919        

may petition the court of common pleas of the county that has      1,920        

jurisdiction over the underlying criminal case or administrative   1,921        

proceeding involved in the forfeiture for an extension of the      1,922        

seventy-two-hour period if the motor vehicle or its contents are   1,923        

needed as evidence or if additional time is needed for the         1,924        

inspection, investigation, or gathering of evidence.  Upon the     1,925        

filing of such a petition, the court immediately shall schedule a  1,926        

hearing to be held at a time as soon as possible after the         1,927        

filing, but in no event at a time later than the end of the next   1,928        

business day subsequent to the day on which the petition was       1,929        

filed, and upon scheduling the hearing, immediately shall notify   1,930        

the owner of the vehicle, at the address at which notification of  1,931        

the seizure was provided under division (A) of this section, of    1,932        

the date, time, and place of the hearing.  If the court, at the    1,933        

hearing, determines that the vehicle or its contents, or both,     1,934        

are needed as evidence or that additional time is needed for the   1,935        

inspection, investigation, or gathering of evidence, the court     1,936        

may grant the petition and issue an order authorizing the          1,937        

retention of the vehicle or its contents, or both, for an          1,938        

extended period as specified by the court in its order.  An order  1,939        

extending a period of retention issued under this division may be  1,940        

renewed.                                                           1,941        

      If no petition for the extension of the initial              1,943        

seventy-two-hour period has been filed, prior to the expiration    1,944        

of that period, under this division, if the vehicle was not in     1,945        

the custody and control of the owner at the time of its seizure,   1,946        

and if, at the end of that seventy-two-hour period, the owner of   1,947        

the vehicle has not been charged with an offense or                1,948        

administrative violation that includes the use of the vehicle as   1,949        

an element and has not been charged with any other offense or      1,950        

administrative violation in the actual commission of which the     1,951        

                                                          47     

                                                                 
motor vehicle was used, the vehicle and its contents shall be      1,952        

released to its owner or the owner's agent, provided that the law  1,953        

enforcement agency that seized the vehicle may require proof of    1,954        

ownership of the vehicle, proof of ownership or legal possession   1,955        

of the contents, and an affidavit of the owner that the owner      1,956        

neither knew of nor expressly or impliedly consented to the use    1,957        

of the vehicle that resulted in its forfeiture as conditions       1,958        

precedent to release.  If a petition for the extension of the      1,959        

initial seventy-two-hour period has been filed, prior to the       1,960        

expiration of that period, under this division but the court does  1,961        

not grant the petition, if the vehicle was not in the custody and  1,962        

control of the owner at the time of its seizure, and if, at the    1,963        

end of that seventy-two-hour period, the owner of the vehicle has  1,964        

not been charged with an offense or administrative violation that  1,965        

includes the use of the vehicle as an element and has not been     1,966        

charged with any other offense or administrative violation in the  1,967        

actual commission of which the motor vehicle was used, the         1,968        

vehicle and its contents shall be released to its owner or the     1,969        

owner's agent, provided that the court may require the proof and   1,970        

affidavit described in the preceding sentence as conditions        1,971        

precedent to release.  If the initial seventy-two-hour period has  1,972        

been extended under this division, the vehicle and its contents    1,973        

to which the extension applies may be retained in accordance with  1,974        

the extension order.  If, at the end of that extended period, the  1,975        

owner of the vehicle has not been charged with an offense or       1,976        

administrative violation that includes the use of the vehicle as   1,977        

an element and has not been charged with any other offense or      1,978        

administrative violation in the actual commission of which the     1,979        

motor vehicle was used, and if the vehicle was not in the custody  1,980        

and control of the owner at the time of its seizure, the vehicle   1,981        

and its contents shall be released to its owner or the owner's     1,982        

agent, provided that the court may require the proof and           1,983        

affidavit described in the third preceding sentence as conditions  1,984        

precedent to release.  In cases in which the court may require     1,985        

                                                          48     

                                                                 
proof and affidavits as conditions precedent to release, the       1,986        

court also may require the posting of a bond, with sufficient      1,987        

sureties approved by the court, in an amount equal to the value    1,988        

of the property to be released, as determined by the court, and    1,989        

conditioned upon the return of the property to the court if it is  1,990        

forfeited under this section, as a further condition to release.   1,991        

If, at the end of the initial seventy-two-hour period or at the    1,992        

end of any extended period granted under this section, the owner   1,993        

has been charged with an offense or administrative violation that  1,994        

includes the use of the vehicle as an element or has been charged  1,995        

with another offense or administrative violation in the actual     1,996        

commission of which the motor vehicle was used, or if the vehicle  1,997        

was in the custody and control of the owner at the time of its     1,998        

seizure, the vehicle and its contents shall be retained pending    1,999        

disposition of the charge, provided that upon the filing of a      2,000        

motion for release by the owner, if the court determines that the  2,001        

motor vehicle or its contents, or both, are not needed as          2,002        

evidence in the underlying criminal case or administrative         2,003        

proceeding, the court may permit the release of the property that  2,004        

is not needed as evidence to the owner; as a condition precedent   2,005        

to a release of that nature, the court may require the owner to    2,006        

execute a bond with the court.  Any bond so required shall be in   2,007        

an amount equal to the value of the property to be released, as    2,008        

determined by the court, shall have sufficient sureties approved   2,009        

by the court, and shall be conditioned upon the return of the      2,010        

property to the court to which it is forfeited under this          2,011        

section.                                                                        

      The final disposition of a motor vehicle seized pursuant to  2,013        

division (A)(1) of this section shall be determined in accordance  2,014        

with division (C) of this section.                                 2,015        

      (2)  Pending a hearing pursuant to division (C) of this      2,017        

section, and subject to divisions (B)(1) and (C) of this section,  2,018        

any property lawfully seized pursuant to division (A) of this      2,019        

section because it was contraband of a type described in division  2,020        

                                                          49     

                                                                 
(A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section        2,022        

2901.01 of the Revised Code shall not be subject to replevin or    2,023        

other action in any court and shall not be subject to release      2,024        

upon request of the owner, and no judgment shall be enforced       2,025        

against the property.  Pending the hearing, and subject to         2,026        

divisions (B)(1) and (C) of this section, the property shall be    2,027        

kept in the custody of the law enforcement agency responsible for  2,028        

its seizure.                                                       2,029        

      Pending a hearing pursuant to division (C) of this section,  2,031        

and notwithstanding any provisions of division (B)(1) or (C) of    2,032        

this section to the contrary, any property lawfully seized         2,033        

pursuant to division (A) of this section because it was            2,034        

contraband of a type described in division (A)(13)(a) or (c) of    2,036        

section 2901.01 of the Revised Code shall not be subject to        2,037        

replevin or other action in any court and shall not be subject to  2,038        

release upon request of the owner, and no judgment shall be                     

enforced against the property.  Pending the hearing, and           2,039        

notwithstanding any provisions of division (B)(1) or (C) of this   2,040        

section to the contrary, the property shall be kept in the         2,041        

custody of the law enforcement agency responsible for its          2,042        

seizure.                                                           2,043        

      A law enforcement agency that seizes property under          2,045        

division (A) of this section because it was contraband of any      2,046        

type described in division (A)(13) of section 2901.01 or division  2,048        

(B) of section 2933.42 of the Revised Code shall maintain an                    

accurate record of each item of property so seized, which record   2,049        

shall include the date on which each item was seized, the manner   2,050        

and date of its disposition, and if applicable, the name of the    2,051        

person who received the item; however, the record shall not        2,052        

identify or enable the identification of the individual officer    2,053        

who seized the item.  The record of property of that nature that   2,054        

no longer is needed as evidence shall be open to public            2,055        

inspection during the agency's regular business hours.  Each law   2,056        

enforcement agency that, during any calendar year, seizes          2,057        

                                                          50     

                                                                 
property under division (A) of this section because it was         2,058        

contraband shall prepare a report covering the calendar year that  2,059        

cumulates all of the information contained in all of the records   2,060        

kept by the agency pursuant to this division for that calendar     2,061        

year, and shall send a copy of the cumulative report, no later     2,062        

than the first day of March in the calendar year following the     2,063        

calendar year covered by the report, to the attorney general.      2,064        

Each report received by the attorney general is a public record    2,065        

open for inspection under section 149.43 of the Revised Code.      2,066        

The attorney general shall make copies of each report received,    2,067        

and, no NOT later than the fifteenth day of April in the calendar  2,068        

year in which the report is REPORTS ARE received, THE ATTORNEY     2,069        

GENERAL shall send a copy of it to the president of the senate     2,071        

and the speaker of the house of representatives A WRITTEN          2,072        

NOTIFICATION THAT DOES ALL OF THE FOLLOWING:                       2,073        

      (a)  INDICATES THAT THE ATTORNEY GENERAL HAS RECEIVED FROM   2,075        

LAW ENFORCEMENT AGENCIES REPORTS OF THE TYPE DESCRIBED IN THIS     2,077        

DIVISION THAT COVER THE PREVIOUS CALENDAR YEAR AND INDICATES THAT  2,078        

THE REPORTS WERE RECEIVED UNDER THIS DIVISION;                     2,079        

      (b)  INDICATES THAT THE REPORTS ARE OPEN FOR INSPECTION      2,082        

UNDER SECTION 149.43 OF THE REVISED CODE;                          2,083        

      (c)  INDICATES THAT THE ATTORNEY GENERAL WILL PROVIDE A      2,086        

COPY OF ANY OR ALL OF THE REPORTS TO THE PRESIDENT OF THE SENATE   2,087        

OR THE SPEAKER OF THE HOUSE OF REPRESENTATIVES UPON REQUEST.       2,088        

      (C)  The prosecuting attorney, village solicitor, city       2,090        

director of law, or similar chief legal officer who has            2,091        

responsibility for the prosecution of the underlying criminal      2,092        

case or administrative proceeding, or the attorney general if the  2,093        

attorney general has that responsibility, shall file a petition    2,094        

for the forfeiture, to the seizing law enforcement agency of the   2,095        

contraband seized pursuant to division (A) of this section.  The   2,096        

petition shall be filed in the court that has jurisdiction over    2,097        

the underlying criminal case or administrative proceeding          2,098        

involved in the forfeiture.  If the property was seized on the     2,099        

                                                          51     

                                                                 
basis of both a criminal violation and an administrative           2,100        

regulation violation, the petition shall be filed by the officer   2,101        

and in the court that is appropriate in relation to the criminal   2,102        

case.                                                              2,103        

      The petitioner shall conduct or cause to be conducted a      2,105        

search of the appropriate public records that relate to the        2,106        

seized property for the purpose of determining, and shall make or  2,107        

cause to be made reasonably diligent inquiries for the purpose of  2,108        

determining, any person having an ownership or security interest   2,109        

in the property.  The petitioner then shall give notice of the     2,110        

forfeiture proceedings by personal service or by certified mail,   2,111        

return receipt requested, to any persons known, because of the     2,112        

conduct of the search, the making of the inquiries, or otherwise,  2,113        

to have an ownership or security interest in the property, and     2,114        

shall publish notice of the proceedings once each week for two     2,115        

consecutive weeks in a newspaper of general circulation in the     2,116        

county in which the seizure occurred.  The notices shall be        2,117        

personally served, mailed, and first published at least four       2,118        

weeks before the hearing.  They shall describe the property        2,119        

seized; state the date and place of seizure; name the law          2,120        

enforcement agency that seized the property and, if applicable,    2,121        

that is holding the property; list the time, date, and place of    2,122        

the hearing; and state that any person having an ownership or      2,123        

security interest in the property may contest the forfeiture.      2,124        

      If the property seized was determined by the seizing law     2,126        

enforcement officer to be contraband because of its relationship   2,127        

to an underlying criminal offense or administrative violation, no  2,128        

forfeiture hearing shall be held under this section unless the     2,129        

person pleads guilty to or is convicted of the commission of, or   2,130        

an attempt or conspiracy to commit, the offense or a different     2,131        

offense arising out of the same facts and circumstances or unless  2,132        

the person admits or is adjudicated to have committed the          2,133        

administrative violation or a different violation arising out of   2,134        

the same facts and circumstances; a forfeiture hearing shall be    2,135        

                                                          52     

                                                                 
held in a case of that nature no later than forty-five days after  2,136        

the conviction or the admission or adjudication of the violation,  2,137        

unless the time for the hearing is extended by the court for good  2,138        

cause shown.  The owner of any property seized because of its      2,139        

relationship to an underlying criminal offense or administrative   2,140        

violation may request the court to release the property to the     2,141        

owner.  Upon receipt of a request of that nature, if the court     2,142        

determines that the property is not needed as evidence in the      2,143        

underlying criminal case or administrative proceeding, the court   2,144        

may permit the release of the property to the owner.  As a         2,145        

condition precedent to a release of that nature, the court may     2,146        

require the owner to execute a bond with the court.  Any bond so   2,147        

required shall have sufficient sureties approved by the court,     2,148        

shall be in a sum equal to the value of the property, as           2,149        

determined by the court, and shall be conditioned upon the return  2,150        

of the property to the court if the property is forfeited under    2,151        

this section.  Any property seized because of its relationship to  2,152        

an underlying criminal offense or administrative violation shall   2,153        

be returned to its owner if charges are not filed in relation to   2,154        

that underlying offense or violation within thirty days after the  2,155        

seizure, if charges of that nature are filed and subsequently are  2,156        

dismissed, or if charges of that nature are filed and the person   2,157        

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   2,158        

violation.                                                                      

      If the property seized was determined by the seizing law     2,160        

enforcement officer to be contraband other than because of a       2,161        

relationship to an underlying criminal offense or administrative   2,162        

violation, the forfeiture hearing under this section shall be      2,163        

held no later than forty-five days after the seizure, unless the   2,164        

time for the hearing is extended by the court for good cause       2,165        

shown.                                                             2,166        

      Where possible, a court holding a forfeiture hearing under   2,168        

this section shall follow the Rules of Civil Procedure.  When a    2,169        

                                                          53     

                                                                 
hearing is conducted under this section, property shall be         2,170        

forfeited upon a showing, by a preponderance of the evidence, by   2,171        

the petitioner that the person from which the property was seized  2,172        

was in violation of division (A) of section 2933.42 of the         2,173        

Revised Code.  If that showing is made, the court shall issue an   2,174        

order of forfeiture.  If an order of forfeiture is issued in       2,175        

relation to contraband that was released to the owner or the       2,176        

owner's agent pursuant to this division or division (B)(1) of      2,177        

this section, the order shall require the owner to deliver the     2,178        

property, by a specified date, to the law enforcement agency that  2,179        

employed the law enforcement officer who made the seizure of the   2,180        

property, and the court shall deliver a copy of the order to the   2,181        

owner or send a copy of it by certified mail, return receipt       2,182        

requested, to the owner at the address to which notice of the      2,183        

seizure was given under division (A)(2) of this section.  Except   2,184        

as otherwise provided in this division, all rights, interest, and  2,185        

title to the forfeited contraband vests in the state, effective    2,186        

from the date of seizure.                                          2,187        

      No property shall be forfeited pursuant to this division if  2,189        

the owner of the property establishes, by a preponderance of the   2,190        

evidence, that the owner neither knew, nor should have known       2,191        

after a reasonable inquiry, that the property was used, or was     2,192        

likely to be used, in a crime or administrative violation.  No     2,193        

bona fide security interest shall be forfeited pursuant to this    2,194        

division if the holder of the interest establishes, by a           2,195        

preponderance of the evidence, that the holder of the interest     2,196        

neither knew, nor should have known after a reasonable inquiry,    2,198        

that the property was used, or likely to be used, in a crime or    2,199        

administrative violation, that the holder of the interest did not  2,200        

expressly or impliedly consent to the use of the property in a     2,201        

crime or administrative violation, and that the security interest  2,202        

was perfected pursuant to law prior to the seizure.  If the        2,203        

holder of the interest satisfies the court that these              2,204        

requirements are met, the interest shall be preserved by the       2,205        

                                                          54     

                                                                 
court.  In a case of that nature, the court shall either order     2,206        

that the agency to which the property is forfeited reimburse the   2,207        

holder of the interest to the extent of the preserved interest or  2,208        

order that the holder be paid for the interest from the proceeds   2,209        

of any sale pursuant to division (D) of this section.              2,210        

      (D)(1)  Contraband ordered forfeited pursuant to this        2,212        

section shall be disposed of pursuant to divisions (D)(1) to (7)   2,213        

of section 2933.41 of the Revised Code or, if the contraband is    2,214        

not described in those divisions, may be used, with the approval   2,215        

of the court, by the law enforcement agency that has custody of    2,216        

the contraband pursuant to division (D)(8) of that section.  In    2,217        

the case of contraband not described in any of those divisions     2,218        

and of contraband not disposed of pursuant to any of those         2,219        

divisions, the contraband shall be sold in accordance with this    2,220        

division or, in the case of forfeited moneys, disposed of in       2,221        

accordance with this division.  If the contraband is to be sold,   2,222        

the prosecuting attorney shall cause a notice of the proposed      2,223        

sale of the contraband to be given in accordance with law, and     2,224        

the property shall be sold, without appraisal, at a public         2,225        

auction to the highest bidder for cash.  The proceeds of a sale    2,226        

and forfeited moneys shall be applied in the following order:      2,227        

      (a)  First, to the payment of the costs incurred in          2,229        

connection with the seizure of, storage of, maintenance of, and    2,230        

provision of security for the contraband, the forfeiture           2,231        

proceeding, and, if any, the sale;                                 2,232        

      (b)  Second, the remaining proceeds or forfeited moneys      2,234        

after compliance with division (D)(1)(a) of this section, to the   2,235        

payment of the balance due on any security interest preserved      2,236        

pursuant to division (C) of this section;                          2,237        

      (c)  Third, the remaining proceeds or forfeited moneys       2,239        

after compliance with divisions (D)(1)(a) and (b) of this          2,240        

section, as follows:                                               2,241        

      (i)  If the forfeiture was ordered in a juvenile court, ten  2,243        

per cent to one or more alcohol and drug addiction treatment       2,244        

                                                          55     

                                                                 
programs that are certified by the department of alcohol and drug  2,245        

addiction services under section 3793.06 of the Revised Code and   2,246        

that are specified in the order of forfeiture.  A juvenile court   2,248        

shall not certify an alcohol or drug addiction treatment program   2,249        

in the order of forfeiture unless the program is a certified                    

alcohol and drug addiction treatment program and, except as        2,250        

provided in division (D)(1)(c)(i) of this section, unless the      2,251        

program is located in the county in which the court that orders    2,252        

the forfeiture is located or in a contiguous county.  If no        2,253        

certified alcohol and drug addiction treatment program is located  2,254        

in any of those counties, the juvenile court may specify in the    2,255        

order a certified alcohol and drug addiction treatment program                  

located anywhere within this state.                                2,256        

      (ii)  If the forfeiture was ordered in a juvenile court,     2,258        

ninety per cent, and if the forfeiture was ordered in a court      2,259        

other than a juvenile court, one hundred per cent to the law       2,260        

enforcement trust fund of the prosecuting attorney and to the law  2,262        

enforcement trust fund of the county sheriff if the county         2,263        

sheriff made the seizure, to the law enforcement trust fund of a   2,264        

municipal corporation if its police department made the seizure,   2,265        

to the law enforcement trust fund of a township if the seizure     2,266        

was made by a township police department, township police          2,267        

district police force, or office of a township constable, to the   2,268        

law enforcement trust fund of a park district created pursuant to  2,269        

section 511.18 or 1545.01 of the Revised Code if the seizure was   2,270        

made by the park district police force or law enforcement          2,271        

department, to the state highway patrol contraband, forfeiture,    2,272        

and other fund if the state highway patrol made the seizure, to    2,273        

the liquor enforcement contraband, forfeiture, and other fund if   2,274        

the liquor enforcement unit of the department of public safety     2,275        

made the seizure, to the food stamp contraband, forfeiture, and    2,276        

other fund if the food stamp trafficking unit of the department    2,278        

of public safety made the seizure, to the board of pharmacy drug   2,279        

law enforcement fund created by division (B)(1) of section         2,280        

                                                          56     

                                                                 
4729.65 of the Revised Code if the board made the seizure, or to   2,281        

the treasurer of state for deposit into the peace officer          2,282        

training commission fund if a state law enforcement agency, other  2,284        

than the state highway patrol, the department of public safety,    2,285        

or the state board of pharmacy, made the seizure.  The             2,286        

prosecuting attorney may decline to accept any of the remaining    2,287        

proceeds or forfeited moneys, and, if the prosecuting attorney so  2,288        

declines, the remaining proceeds or forfeited moneys shall be      2,289        

applied to the fund described in this division that relates to     2,290        

the law enforcement agency that made the seizure.                  2,291        

      A law enforcement trust fund shall be established by the     2,293        

prosecuting attorney of each county who intends to receive any     2,294        

remaining proceeds or forfeited moneys pursuant to this division,  2,295        

by the sheriff of each county, by the legislative authority of     2,296        

each municipal corporation, by the board of township trustees of   2,297        

each township that has a township police department, township      2,298        

police district police force, or office of the constable, and by   2,299        

the board of park commissioners of each park district created      2,300        

pursuant to section 511.18 or 1545.01 of the Revised Code that     2,301        

has a park district police force or law enforcement department,    2,302        

for the purposes of this division.  There is hereby created in     2,303        

the state treasury the state highway patrol contraband,            2,304        

forfeiture, and other fund, the liquor enforcement contraband,     2,305        

forfeiture, and other fund, the food stamp contraband,             2,306        

forfeiture, and other fund, and the peace officer training         2,307        

commission fund, for the purposes described in this division.      2,309        

      Proceeds or forfeited moneys distributed to any municipal    2,311        

corporation, township, or park district law enforcement trust      2,312        

fund shall be allocated from the fund by the legislative           2,313        

authority only to the police department of the municipal           2,314        

corporation, by the board of township trustees only to the         2,315        

township police department, township police district police        2,316        

force, or office of the constable, and by the board of park        2,317        

commissioners only to the park district police force or law        2,318        

                                                          57     

                                                                 
enforcement department.                                            2,319        

      Additionally, no proceeds or forfeited moneys shall be       2,321        

allocated to or used by the state highway patrol, the food stamp   2,322        

trafficking unit or liquor enforcement unit of the department of   2,324        

public safety, the state board of pharmacy, or a county sheriff,   2,325        

prosecuting attorney, municipal corporation police department,     2,326        

township police department, township police district police        2,327        

force, office of the constable, or park district police force or   2,328        

law enforcement department unless the state highway patrol,        2,329        

department of public safety, state board of pharmacy, sheriff,     2,330        

prosecuting attorney, municipal corporation police department,     2,331        

township police department, township police district police        2,332        

force, office of the constable, or park district police force or   2,333        

law enforcement department has adopted a written internal control  2,334        

policy under division (D)(3) of this section that addresses the    2,335        

use of moneys received from the state highway patrol contraband,   2,336        

forfeiture, and other fund, the liquor enforcement contraband,     2,337        

forfeiture, and other fund, the food stamp contraband,                          

forfeiture, and other fund, the board of pharmacy drug law         2,338        

enforcement fund, or the appropriate law enforcement trust fund.   2,339        

The state highway patrol contraband, forfeiture, and other fund,   2,340        

the liquor enforcement contraband, forfeiture, and other fund,     2,341        

the food stamp contraband, forfeiture, and other fund, and a law   2,342        

enforcement trust fund shall be expended only in accordance with   2,343        

the written internal control policy so adopted by the recipient,   2,344        

and, subject to the requirements specified in division             2,345        

(D)(3)(a)(ii) of this section, only to pay the costs of            2,346        

protracted or complex investigations or prosecutions, to provide   2,347        

reasonable technical training or expertise, to provide matching    2,348        

funds to obtain federal grants to aid law enforcement, in the      2,349        

support of DARE programs or other programs designed to educate     2,350        

adults or children with respect to the dangers associated with     2,351        

the use of drugs of abuse, or for other law enforcement purposes   2,353        

that the superintendent of the state highway patrol, department    2,354        

                                                          58     

                                                                 
of public safety, prosecuting attorney, county sheriff,            2,355        

legislative authority, board of township trustees, or board of     2,356        

park commissioners determines to be appropriate.  The board of     2,357        

pharmacy drug law enforcement fund shall be expended only in       2,358        

accordance with the written internal control policy so adopted by  2,359        

the board and only in accordance with section 4729.65 of the       2,360        

Revised Code.  The state highway patrol contraband, forfeiture,    2,361        

and other fund, the liquor enforcement contraband, seizure, and                 

other fund, the food stamp contraband, forfeiture, and other       2,362        

fund, the board of pharmacy drug law enforcement fund, and a law   2,364        

enforcement trust fund shall not be used to meet the operating     2,365        

costs of the state highway patrol, of the food stamp trafficking   2,366        

unit or liquor enforcement unit of the department of public        2,367        

safety, of the state board of pharmacy, of any political           2,368        

subdivision, or of any office of a prosecuting attorney or county  2,369        

sheriff that are unrelated to law enforcement.                                  

      Proceeds and forfeited moneys that are paid into the state   2,371        

treasury to be deposited into the peace officer training           2,372        

commission fund shall be used by the commission only to pay the    2,374        

costs of peace officer training.                                   2,375        

      Any sheriff or prosecuting attorney who receives proceeds    2,377        

or forfeited moneys pursuant to this division during any calendar  2,378        

year shall file a report with the county auditor, no later than    2,379        

the thirty-first day of January of the next calendar year,         2,380        

verifying that the proceeds and forfeited moneys were expended     2,381        

only for the purposes authorized by this division and division     2,382        

(D)(3)(a)(ii) of this section and specifying the amounts expended  2,383        

for each authorized purpose.  Any municipal corporation police     2,384        

department that is allocated proceeds or forfeited moneys from a   2,385        

municipal corporation law enforcement trust fund pursuant to this  2,386        

division during any calendar year shall file a report with the     2,387        

legislative authority of the municipal corporation, no later than  2,388        

the thirty-first day of January of the next calendar year,         2,389        

verifying that the proceeds and forfeited moneys were expended     2,390        

                                                          59     

                                                                 
only for the purposes authorized by this division and division     2,391        

(D)(3)(a)(ii) of this section and specifying the amounts expended  2,392        

for each authorized purpose.  Any township police department,      2,393        

township police district police force, or office of the constable  2,394        

that is allocated proceeds or forfeited moneys from a township     2,395        

law enforcement trust fund pursuant to this division during any    2,396        

calendar year shall file a report with the board of township       2,397        

trustees of the township, no later than the thirty-first day of    2,398        

January of the next calendar year, verifying that the proceeds     2,399        

and forfeited moneys were expended only for the purposes           2,400        

authorized by this division and division (D)(3)(a)(ii) of this     2,401        

section and specifying the amounts expended for each authorized    2,402        

purpose.  Any park district police force or law enforcement        2,403        

department that is allocated proceeds or forfeited moneys from a   2,404        

park district law enforcement trust fund pursuant to this          2,405        

division during any calendar year shall file a report with the     2,406        

board of park commissioners of the park district, no later than    2,407        

the thirty-first day of January of the next calendar year,         2,408        

verifying that the proceeds and forfeited moneys were expended     2,409        

only for the purposes authorized by this division and division     2,410        

(D)(3)(a)(ii) of this section and specifying the amounts expended  2,411        

for each authorized purpose.  The superintendent of the state      2,412        

highway patrol shall file a report with the attorney general, no   2,413        

later than the thirty-first day of January of each calendar year,  2,414        

verifying that proceeds and forfeited moneys paid into the state   2,415        

highway patrol contraband, forfeiture, and other fund pursuant to  2,416        

this division during the prior calendar year were used by the      2,417        

state highway patrol during the prior calendar year only for the   2,418        

purposes authorized by this division and specifying the amounts    2,419        

expended for each authorized purpose.  The executive director of   2,420        

the state board of pharmacy shall file a report with the attorney  2,421        

general, no later than the thirty-first day of January of each     2,422        

calendar year, verifying that proceeds and forfeited moneys paid   2,423        

into the board of pharmacy drug law enforcement fund during the    2,424        

                                                          60     

                                                                 
prior calendar year were used only in accordance with section      2,425        

4729.65 of the Revised Code and specifying the amounts expended    2,426        

for each authorized purpose.  The peace officer training           2,427        

commission shall file a report with the attorney general, no       2,428        

later than the thirty-first day of January of each calendar year,  2,430        

verifying that proceeds and forfeited moneys paid into the peace   2,431        

officer training commission fund pursuant to this division during  2,433        

the prior calendar year were used by the commission during the     2,434        

prior calendar year only to pay the costs of peace officer         2,436        

training and specifying the amount used for that purpose.          2,437        

      (2)  If more than one law enforcement agency is              2,439        

substantially involved in the seizure of contraband that is        2,440        

forfeited pursuant to this section, the court ordering the         2,441        

forfeiture shall equitably divide the proceeds or forfeited        2,442        

moneys, after calculating any distribution to the law enforcement  2,443        

trust fund of the prosecuting attorney pursuant to division        2,444        

(D)(1)(c) of this section, among any county sheriff whose office   2,445        

is determined by the court to be substantially involved in the     2,446        

seizure, any legislative authority of a municipal corporation      2,447        

whose police department is determined by the court to be           2,448        

substantially involved in the seizure, any board of township       2,449        

trustees whose law enforcement agency is determined by the court   2,450        

to be substantially involved in the seizure, any board of park     2,451        

commissioners of a park district whose police force or law         2,452        

enforcement department is determined by the court to be            2,453        

substantially involved in the seizure, the state board of          2,454        

pharmacy if it is determined by the court to be substantially      2,455        

involved in the seizure, the food stamp trafficking unit or        2,456        

liquor enforcement unit of the department of public safety if it   2,457        

is determined by the court to be substantially involved in the     2,458        

seizure, and the state highway patrol if it is determined by the   2,459        

court to be substantially involved in the seizure.  The proceeds   2,460        

or forfeited moneys shall be deposited in the respective law       2,461        

enforcement trust funds of the county sheriff, municipal           2,462        

                                                          61     

                                                                 
corporation, township, and park district, the board of pharmacy    2,463        

drug law enforcement fund, the liquor enforcement contraband,      2,465        

forfeiture, and other fund, the food stamp contraband,             2,466        

forfeiture, and other fund, or the state highway patrol            2,467        

contraband, forfeiture, and other fund, in accordance with         2,468        

division (D)(1)(c) of this section.  If a state law enforcement    2,469        

agency, other than the state highway patrol, the food stamp        2,470        

trafficking unit or liquor enforcement unit of the department of   2,471        

public safety, or the state board of pharmacy, is determined by    2,472        

the court to be substantially involved in the seizure, the state   2,473        

agency's equitable share of the proceeds and forfeited moneys      2,474        

shall be paid to the treasurer of state for deposit into the       2,475        

peace officer training commission fund.                            2,476        

      (3)(a)(i)  Prior to being allocated or using any proceeds    2,478        

or forfeited moneys out of the state highway patrol contraband,    2,479        

forfeiture, and other fund, the liquor enforcement contraband,     2,480        

forfeiture, and other fund, the food stamp contraband, seizure,    2,481        

and other fund, the board of pharmacy drug law enforcement fund,   2,483        

or a law enforcement trust fund under division (D)(1)(c) of this   2,484        

section, the state highway patrol, the department of public                     

safety, the state board of pharmacy, and a county sheriff,         2,485        

prosecuting attorney, municipal corporation police department,     2,486        

township police department, township police district police        2,487        

force, office of the constable, or park district police force or   2,488        

law enforcement department shall adopt a written internal control  2,489        

policy that addresses the state highway patrol's, department of    2,490        

public safety's, state board of pharmacy's, sheriff's,             2,491        

prosecuting attorney's, police department's, police force's,       2,492        

office of the constable's, or law enforcement department's use     2,493        

and disposition of all the proceeds and forfeited moneys received  2,494        

and that provides for the keeping of detailed financial records    2,495        

of the receipts of the proceeds and forfeited moneys, the general  2,496        

types of expenditures made out of the proceeds and forfeited       2,497        

moneys, the specific amount of each general type of expenditure,   2,498        

                                                          62     

                                                                 
and the amounts, portions, and programs described in division      2,499        

(D)(3)(a)(ii) of this section.  The policy shall not provide for   2,500        

or permit the identification of any specific expenditure that is   2,501        

made in an ongoing investigation.                                  2,502        

      All financial records of the receipts of the proceeds and    2,504        

forfeited moneys, the general types of expenditures made out of    2,505        

the proceeds and forfeited moneys, the specific amount of each     2,506        

general type of expenditure by the state highway patrol, by the    2,507        

department of public safety, by the state board of pharmacy, and   2,508        

by a sheriff, prosecuting attorney, municipal corporation police   2,509        

department, township police department, township police district   2,510        

police force, office of the constable, or park district police     2,511        

force or law enforcement department, and the amounts, portions,    2,512        

and programs described in division (D)(3)(a)(ii) of this section   2,513        

are public records open for inspection under section 149.43 of     2,514        

the Revised Code.  Additionally, a written internal control        2,515        

policy adopted under this division is a public record of that      2,516        

nature, and the state highway patrol, the department of public     2,517        

safety, the state board of pharmacy, or the sheriff, prosecuting   2,518        

attorney, municipal corporation police department, township        2,519        

police department, township police district police force, office   2,520        

of the constable, or park district police force or law             2,521        

enforcement department that adopted it shall comply with it.       2,522        

      (ii)  The written internal control policy of a county        2,524        

sheriff, prosecuting attorney, municipal corporation police        2,525        

department, township police department, township police district   2,526        

police force, office of the constable, or park district police     2,527        

force or law enforcement department shall provide that at least    2,528        

ten per cent of the first one hundred thousand dollars of          2,529        

proceeds and forfeited moneys deposited during each calendar year  2,530        

in the sheriff's, prosecuting attorney's, municipal                2,531        

corporation's, township's, or park district's law enforcement      2,532        

trust fund pursuant to division (B)(8)(c) of section 2925.44 of    2,533        

the Revised Code, and at least twenty per cent of the proceeds     2,534        

                                                          63     

                                                                 
and forfeited moneys exceeding one hundred thousand dollars that   2,535        

are so deposited, shall be used in connection with community       2,536        

preventive education programs.  The manner in which the described  2,537        

percentages are so used shall be determined by the sheriff,        2,538        

prosecuting attorney, department, police force, or office of the   2,539        

constable after the receipt and consideration of advice on         2,540        

appropriate community preventive education programs from the       2,541        

county's board of alcohol, drug addiction, and mental health       2,542        

services, from the county's alcohol and drug addiction services    2,543        

board, or through appropriate community dialogue.  The financial   2,544        

records described in division (D)(3)(a)(i) of this section shall   2,545        

specify the amount of the proceeds and forfeited moneys deposited  2,546        

during each calendar year in the sheriff's, prosecuting            2,547        

attorney's, municipal corporation's, township's, or park           2,548        

district's law enforcement trust fund pursuant to division         2,549        

(B)(8)(c) of section 2925.44 of the Revised Code, the portion of   2,550        

that amount that was used pursuant to the requirements of this     2,551        

division, and the community preventive education programs in       2,552        

connection with which the portion of that amount was so used.      2,553        

      As used in this division, "community preventive education    2,555        

programs" includes, but is not limited to, DARE programs and       2,556        

other programs designed to educate adults or children with         2,557        

respect to the dangers associated with the use of drugs of abuse.  2,558        

      (b)  Each sheriff, prosecuting attorney, municipal           2,560        

corporation police department, township police department,         2,561        

township police district police force, office of the constable,    2,562        

or park district police force or law enforcement department that   2,563        

receives in any calendar year any proceeds or forfeited moneys     2,564        

out of a law enforcement trust fund under division (D)(1)(c) of    2,565        

this section or uses any proceeds or forfeited moneys in its law   2,566        

enforcement trust fund in any calendar year shall prepare a        2,567        

report covering the calendar year that cumulates all of the        2,568        

information contained in all of the public financial records kept  2,569        

by the sheriff, prosecuting attorney, municipal corporation        2,570        

                                                          64     

                                                                 
police department, township police department, township police     2,571        

district police force, office of the constable, or park district   2,572        

police force or law enforcement department pursuant to division    2,573        

(D)(3)(a) of this section for that calendar year, and shall send   2,574        

a copy of the cumulative report, no later than the first day of    2,575        

March in the calendar year following the calendar year covered by  2,576        

the report, to the attorney general.                               2,577        

      The superintendent of the state highway patrol shall         2,579        

prepare a report covering each calendar year in which the state    2,580        

highway patrol uses any proceeds or forfeited moneys in the state  2,581        

highway patrol contraband, forfeiture, and other fund under        2,582        

division (D)(1)(c) of this section, that cumulates all of the      2,583        

information contained in all of the public financial records kept  2,584        

by the state highway patrol pursuant to division (D)(3)(a) of      2,585        

this section for that calendar year, and shall send a copy of the  2,586        

cumulative report, no later than the first day of March in the     2,587        

calendar year following the calendar year covered by the report,   2,588        

to the attorney general.                                           2,589        

      The department of public safety shall prepare a report       2,591        

covering each fiscal year in which the department uses any         2,592        

proceeds or forfeited moneys in the liquor enforcement             2,593        

contraband, seizure, and other fund and the food stamp             2,594        

contraband, forfeiture, and other fund under division (D)(1)(c)    2,595        

of this section that cumulates all of the information contained    2,596        

in all of the public financial records kept by the department      2,597        

pursuant to division (D)(3)(a) of this section for that fiscal     2,598        

year.  The department shall send a copy of the cumulative report   2,599        

to the attorney general no later than the first day of August in   2,600        

the fiscal year following the fiscal year covered by the report.   2,601        

The director of public safety shall include in the report a        2,602        

verification that proceeds and forfeited moneys paid into the      2,603        

liquor enforcement contraband, seizure, and other fund and the     2,605        

food stamp contraband, forfeiture, and other fund under division   2,607        

(D)(1)(c) of this section during the preceding fiscal year were    2,608        

                                                          65     

                                                                 
used by the department during that fiscal year only for the        2,609        

purposes authorized by that division and shall specify the amount  2,610        

used for each authorized purpose.                                               

      The executive director of the state board of pharmacy shall  2,612        

prepare a report covering each calendar year in which the board    2,613        

uses any proceeds or forfeited moneys in the board of pharmacy     2,614        

drug law enforcement fund under division (D)(1)(c) of this         2,615        

section, that cumulates all of the information contained in all    2,616        

of the public financial records kept by the board pursuant to      2,617        

division (D)(3)(a) of this section for that calendar year, and     2,618        

shall send a copy of the cumulative report, no later than the      2,619        

first day of March in the calendar year following the calendar     2,620        

year covered by the report, to the attorney general.  Each report  2,621        

received by the attorney general is a public record open for       2,622        

inspection under section 149.43 of the Revised Code.  The          2,623        

attorney general shall make copies of each report received, and,   2,624        

no NOT later than the fifteenth day of April in the calendar year  2,625        

in which the report is REPORTS ARE received, THE ATTORNEY GENERAL  2,628        

shall send a copy of it to the president of the senate and the     2,629        

speaker of the house of representatives A WRITTEN NOTIFICATION     2,630        

THAT DOES ALL OF THE FOLLOWING:                                    2,631        

      (i)  INDICATES THAT THE ATTORNEY GENERAL HAS RECEIVED FROM   2,633        

ENTITIES OR PERSONS SPECIFIED IN THIS DIVISION REPORTS OF THE      2,635        

TYPE DESCRIBED IN THIS DIVISION THAT COVER THE PREVIOUS CALENDAR   2,636        

YEAR AND INDICATES THAT THE REPORTS WERE RECEIVED UNDER THIS                    

DIVISION;                                                          2,637        

      (ii)  INDICATES THAT THE REPORTS ARE OPEN FOR INSPECTION     2,640        

UNDER SECTION 149.43 OF THE REVISED CODE;                          2,641        

      (iii)  INDICATES THAT THE ATTORNEY GENERAL WILL PROVIDE A    2,644        

COPY OF ANY OR ALL OF THE REPORTS TO THE PRESIDENT OF THE SENATE   2,645        

OR THE SPEAKER OF THE HOUSE OF REPRESENTATIVES UPON REQUEST.       2,646        

      (4)(a)  A law enforcement agency that receives pursuant to   2,648        

federal law proceeds from a sale of forfeited contraband,          2,649        

proceeds from another disposition of forfeited contraband, or      2,650        

                                                          66     

                                                                 
forfeited contraband moneys shall deposit, use, and account for    2,651        

the proceeds or forfeited moneys in accordance with, and           2,652        

otherwise comply with, the applicable federal law.                 2,653        

      (b)  If the state highway patrol receives pursuant to        2,655        

federal law proceeds from a sale of forfeited contraband,          2,656        

proceeds from another disposition of forfeited contraband, or      2,657        

forfeited contraband moneys, the appropriate governmental          2,658        

officials shall deposit into the state highway patrol contraband,               

forfeiture, and other fund all interest or other earnings derived  2,659        

from the investment of the proceeds or forfeited moneys.  The      2,660        

state highway patrol shall use and account for that interest or    2,661        

other earnings in accordance with the applicable federal law.      2,662        

      (c)  If the liquor enforcement unit of the department of     2,664        

public safety receives pursuant to federal law proceeds from a     2,665        

sale of forfeited contraband, proceeds from another disposition    2,666        

of forfeited contraband, or forfeited contraband moneys, the       2,667        

appropriate governmental officials shall deposit into the liquor   2,668        

enforcement contraband, forfeiture, and other fund all interest    2,669        

or other earnings derived from the investment of the proceeds or   2,670        

forfeited moneys.  The department shall use and account for that   2,671        

interest or other earnings in accordance with the applicable       2,672        

federal law.                                                       2,673        

      (d)  If the food stamp fraud unit of the department of       2,676        

public safety receives pursuant to federal law proceeds from a     2,677        

sale of forfeited contraband, proceeds from another disposition    2,678        

of forfeited contraband, or forfeited contraband moneys, the       2,679        

appropriate governmental officials shall deposit into the food     2,680        

stamp contraband, forfeiture, and other fund all interest or       2,681        

other earnings derived from the investment of the proceeds or      2,682        

forfeited moneys.  The department shall use and account for that   2,683        

interest or other earnings in accordance with the applicable       2,684        

federal law.                                                                    

      (e)  Divisions (D)(1) to (3) of this section do not apply    2,686        

to proceeds or forfeited moneys received pursuant to federal law   2,688        

                                                          67     

                                                                 
or to the interest or other earnings that are derived from the     2,689        

investment of proceeds or forfeited moneys received pursuant to    2,690        

federal law and that are described in division (D)(4)(b) of this   2,691        

section.                                                                        

      (E)  Upon the sale pursuant to this section of any property  2,693        

that is required to be titled or registered under law, the state   2,694        

shall issue an appropriate certificate of title or registration    2,695        

to the purchaser.  If the state is vested with title pursuant to   2,696        

division (C) of this section and elects to retain property that    2,697        

is required to be titled or registered under law, the state shall  2,698        

issue an appropriate certificate of title or registration.         2,699        

      (F)  Notwithstanding any provisions of this section to the   2,701        

contrary, any property that is lawfully seized in relation to a    2,702        

violation of section 2923.32 of the Revised Code shall be subject  2,703        

to forfeiture and disposition in accordance with sections 2923.32  2,704        

to 2923.36 of the Revised Code, and any property that is           2,706        

forfeited pursuant to section 2925.42 or 2925.43 of the Revised    2,707        

Code in relation to a felony drug abuse offense, as defined in     2,708        

section 2925.01 of the Revised Code, or in relation to an act      2,709        

that, if committed by an adult, would be a felony drug abuse       2,710        

offense of that nature, may be subject to forfeiture and                        

disposition in accordance with sections 2925.41 to 2925.45 of the  2,712        

Revised Code or this section.                                      2,713        

      (G)  Any failure of a law enforcement officer or agency, a   2,715        

prosecuting attorney, village solicitor, city director of law, or  2,716        

similar chief legal officer, a court, or the attorney general to   2,717        

comply with any duty imposed by this section in relation to any    2,718        

property seized or with any other provision of this section in     2,719        

relation to any property seized does not affect the validity of    2,720        

the seizure of the property, provided the seizure itself was made  2,721        

in accordance with law, and is not and shall not be considered to  2,722        

be the basis for the suppression of any evidence resulting from    2,723        

the seizure of the property, provided the seizure itself was made  2,724        

in accordance with law.                                            2,725        

                                                          68     

                                                                 
      (H)  Contraband that has been forfeited pursuant to          2,727        

division (C) of this section shall not be available for use to     2,728        

pay any fine imposed upon a person who is convicted of or pleads   2,729        

guilty to an underlying criminal offense or a different offense    2,730        

arising out of the same facts and circumstances.                   2,731        

      Sec. 2933.74.  (A)(1)  With respect to forfeitable property  2,740        

ordered forfeited under section 2933.73 of the Revised Code, the   2,741        

court that issued the order, upon petition of the prosecuting      2,742        

attorney or attorney general who prosecuted the case, may do any   2,743        

of the following:                                                  2,744        

      (a)  Authorize the prosecuting attorney or the attorney      2,746        

general to settle claims;                                          2,747        

      (b)  Award compensation to persons who provide information   2,749        

that results in a forfeiture under section 2933.73 of the Revised  2,750        

Code;                                                              2,751        

      (c)  Take any other action to protect the rights of          2,753        

innocent persons that is in the interest of justice and that is    2,754        

consistent with the purposes of sections 2933.71 to 2933.75 of     2,755        

the Revised Code. (2)  The court shall maintain an accurate        2,757        

record of the actions it takes under division (A)(1) of this       2,758        

section with respect to the forfeitable property ordered           2,759        

forfeited.  The record is a public record open for inspection      2,760        

under section 149.43 of the Revised Code.                          2,761        

      (B)(1)  Subject to division (A) of this section and          2,763        

notwithstanding any contrary provision of section 2933.41 of the   2,764        

Revised Code, the prosecuting attorney or attorney general who     2,765        

prosecuted the case shall order the disposal of forfeitable        2,766        

property ordered forfeited in any proceeding under section         2,767        

2933.73 of the Revised Code as soon as feasible, making due        2,768        

provisions for the rights of innocent persons, by any of the       2,769        

following methods:                                                 2,770        

      (a)  Public sale;                                            2,772        

      (b)  Transfer to a state governmental agency for official    2,774        

use;                                                               2,775        

                                                          69     

                                                                 
      (c)  Sale or transfer to an innocent person;                 2,777        

      (d)  If the property is contraband and is not needed for     2,779        

evidence in any pending criminal or civil proceeding, pursuant to  2,780        

section 2933.41 or any other applicable section of the Revised     2,781        

Code.                                                              2,782        

      (2)  Any interest in personal or real property not disposed  2,784        

of pursuant to division (B) of this section and not exercisable    2,785        

by, or transferable for value to, the state shall expire and       2,786        

shall not revert to the person who was convicted of or pleaded     2,787        

guilty to the medicaid fraud offense.  No person who was           2,788        

convicted of or pleaded guilty to the medicaid fraud offense and   2,789        

no person acting in concert with a person who was convicted of or  2,790        

pleaded guilty to the medicaid fraud offense is eligible to        2,791        

purchase forfeited property from the state.                        2,792        

      (3)  Upon application of a person, other than the person     2,794        

who was convicted of or pleaded guilty to the medicaid fraud       2,795        

offense or a person acting in concert with or on behalf of the     2,796        

person who was convicted of or pleaded guilty to the medicaid      2,797        

fraud offense, the court may restrain or stay the disposal of the  2,798        

forfeitable property pursuant to this division pending the         2,799        

conclusion of any appeal of the criminal case giving rise to the   2,800        

forfeiture or pending the determination of the validity of a       2,801        

claim to or interest in the property pursuant to division (F) of   2,802        

section 2933.73 of the Revised Code, if the applicant              2,803        

demonstrates that proceeding with the disposal of the property     2,804        

will result in irreparable injury, harm, or loss to the            2,805        

applicant.                                                         2,806        

      (4)  The prosecuting attorney or attorney general who        2,808        

prosecuted the case shall maintain an accurate record of each      2,809        

item of property disposed of pursuant to division (B) of this      2,810        

section, which record shall include the date on which each item    2,811        

came into the prosecuting attorney's or attorney general's         2,812        

custody, the manner and date of disposition, and, if applicable,   2,813        

the name of the person who received the item.  The record shall    2,814        

                                                          70     

                                                                 
not identify or enable the identification of the individual        2,815        

officer who seized the property, and the record is a public        2,816        

record open for inspection under section 149.43 of the Revised     2,817        

Code.                                                              2,818        

      Each prosecuting attorney who disposes in any calendar year  2,820        

of any item of property pursuant to division (B) of this section   2,821        

shall prepare a report covering the calendar year that cumulates   2,822        

all of the information contained in all of the records the         2,823        

prosecuting attorney kept pursuant to this division for that       2,825        

calendar year and shall send the cumulative report, no later than  2,826        

the first day of March in the calendar year following the          2,827        

calendar year covered by the report, to the attorney general.  No  2,828        

later than the first day of March in the calendar year following   2,829        

the calendar year covered by the report, the attorney general      2,830        

shall prepare a report covering the calendar year that cumulates   2,831        

all of the records the attorney general kept pursuant to this      2,833        

division for that calendar year.  Each report received or                       

prepared by the attorney general is a public record open for       2,834        

inspection under section 149.43 of the Revised Code.  The          2,835        

attorney general shall send a copy of each prosecuting attorney's  2,836        

cumulative report and of the attorney general's own cumulative     2,838        

report, no NOT later than the fifteenth day of April in the        2,839        

calendar year following the calendar year covered by the report,   2,840        

REPORTS, THE ATTORNEY GENERAL SHALL SEND to the president of the   2,841        

senate and the speaker of the house of representatives A WRITTEN   2,842        

NOTIFICATION THAT DOES ALL OF THE FOLLOWING:                       2,843        

      (a)  INDICATES THAT THE ATTORNEY GENERAL HAS RECEIVED FROM   2,845        

PROSECUTING ATTORNEYS REPORTS OF THE TYPE DESCRIBED IN THIS        2,847        

DIVISION THAT COVER THE PREVIOUS CALENDAR YEAR AND INDICATES THAT  2,848        

THE REPORTS WERE RECEIVED UNDER THIS DIVISION;                     2,849        

      (b)  LISTS THE ATTORNEY GENERAL'S OWN CUMULATIVE REPORT      2,851        

COVERING THE PREVIOUS CALENDAR YEAR;                               2,852        

      (c)  INDICATES THAT THE REPORTS ARE OPEN FOR INSPECTION      2,855        

UNDER SECTION 149.43 OF THE REVISED CODE;                          2,856        

                                                          71     

                                                                 
      (d) INDICATES THAT THE ATTORNEY GENERAL WILL PROVIDE A COPY  2,859        

OF ANY OR ALL OF THE REPORTS TO THE PRESIDENT OF THE SENATE OR     2,860        

THE SPEAKER OF THE HOUSE OF REPRESENTATIVES UPON REQUEST.          2,861        

      (C)(1)  The proceeds of the sale of all forfeitable          2,863        

property ordered forfeited pursuant to section 2933.73 of the      2,864        

Revised Code shall be deposited into the state treasury and        2,865        

credited to the medicaid fraud investigation and prosecution       2,866        

fund, which is hereby created.                                     2,867        

      (2)  The proceeds credited to the medicaid fraud             2,870        

investigation and prosecution fund pursuant to division (C)(1) of  2,871        

this section shall be disposed of in the following order:          2,872        

      (a)  To the payment of the fees and costs of the forfeiture  2,874        

and sale, including expenses of seizure, maintenance, and custody  2,875        

of the property pending its disposition, advertising, and court    2,876        

costs;                                                             2,877        

      (b)  Except as otherwise provided in division (C)(2)(b) of   2,879        

this section, the remainder shall be paid to the law enforcement   2,880        

trust fund of the prosecuting attorney that is established         2,881        

pursuant to division (D)(1)(c) of section 2933.43 of the Revised   2,882        

Code or to the attorney general, and to the law enforcement trust  2,883        

fund of the county sheriff that is established pursuant to that    2,884        

division if the county sheriff substantially conducted the         2,885        

investigation, to the law enforcement trust fund of a municipal    2,886        

corporation that is established pursuant to that division if its   2,887        

police department substantially conducted the investigation, to    2,888        

the law enforcement trust fund of a township that is established   2,889        

pursuant to that division if the investigation was substantially   2,890        

conducted by a township police department, township police         2,891        

district police force, or office of a township constable, or to    2,892        

the law enforcement trust fund of a park district created          2,893        

pursuant to section 511.18 or 1545.01 of the Revised Code that is  2,894        

established pursuant to that division if the investigation was     2,895        

substantially conducted by its park district police force or law   2,896        

enforcement department.  The prosecuting attorney or attorney      2,897        

                                                          72     

                                                                 
general may decline to accept any of the remaining proceeds, and,  2,899        

if the prosecuting attorney or attorney general so declines, they  2,900        

shall be applied to the fund described in division (C)(2)(b) of    2,901        

this section that relates to the appropriate law enforcement       2,902        

agency that substantially conducted the investigation.             2,903        

      If the state highway patrol substantially conducted the      2,905        

investigation, the director of budget and management shall         2,906        

transfer the remaining proceeds to the state highway patrol for    2,908        

deposit into the state highway patrol contraband, forfeiture, and  2,909        

other fund that is created by division (D)(1)(c) of section        2,910        

2933.43 of the Revised Code.  If the state board of pharmacy       2,911        

substantially conducted the investigation, the director shall      2,912        

transfer the remaining proceeds to the board for deposit into the  2,913        

board of pharmacy drug law enforcement fund that is created by     2,914        

division (B)(1) of section 4729.65 of the Revised Code.  If a      2,915        

state law enforcement agency, other than the state highway         2,916        

patrol, the board, or the attorney general, substantially          2,917        

conducted the investigation, the director shall transfer the       2,918        

remaining proceeds to the treasurer of state for deposit into the  2,920        

peace officer training commission fund that is created by          2,922        

division (D)(1)(c) of section 2933.43 of the Revised Code.         2,923        

      The remaining proceeds that are paid to the attorney         2,926        

general shall be used and expended only in relation to the         2,927        

investigation and prosecution of medicaid fraud offenses or the    2,928        

activities identified in section 109.85 of the Revised Code, and   2,929        

those that are paid to a law enforcement trust fund or that are    2,930        

deposited into the state highway patrol contraband, forfeiture,    2,931        

and other fund, the board of pharmacy drug law enforcement fund,   2,932        

or the peace officer training commission fund pursuant to          2,934        

division (C)(2)(b) of this section shall be allocated, used, and   2,935        

expended only in accordance with division (D)(1)(c) of section     2,936        

2933.43 of the Revised Code, only in accordance with a written     2,937        

internal control policy adopted under division (D)(3) of that      2,938        

section, and, if applicable, only in accordance with division      2,939        

                                                          73     

                                                                 
(B)(1) of section 4729.65 of the Revised Code.  The annual         2,940        

reports that pertain to the funds and that are required by         2,941        

divisions (D)(1)(c) and (3)(b) of section 2933.43 of the Revised   2,942        

Code also shall address the remaining proceeds that are paid or    2,943        

deposited into the funds pursuant to division (C)(2)(b) of this    2,944        

section.                                                                        

      (3)  If more than one law enforcement agency substantially   2,946        

conducted the investigation, the court ordering the forfeiture     2,947        

shall equitably divide the remaining proceeds among the law        2,948        

enforcement agencies that substantially conducted the              2,950        

investigation, in the manner described in division (D)(2) of       2,951        

section 2933.43 of the Revised Code for the equitable division of  2,952        

contraband proceeds and forfeited moneys.  The equitable shares    2,953        

of the proceeds so determined by the court shall be paid or        2,954        

deposited into the appropriate funds specified in division         2,955        

(C)(2)(b) of this section.                                         2,956        

      (D)  As used in this section, "law enforcement agency"       2,958        

includes, but is not limited to, the state board of pharmacy.      2,959        

      Section 2.  That existing sections 109.21, 2923.32,          2,961        

2923.35, 2925.03, 2933.41, 2933.43, and 2933.74 and sections       2,962        

1727.04 and 5309.97 of the Revised Code are hereby repealed.       2,963        

      Section 3.  Section 2925.03 of the Revised Code is           2,965        

presented in this act as a composite of the section as amended by  2,966        

both Am. Sub. S.B. 166 and Am. Sub. S.B. 269 of the 121st General  2,967        

Assembly, with the new language of neither of the acts shown in    2,969        

capital letters.  This is in recognition of the principle stated   2,970        

in division (B) of section 1.52 of the Revised Code that such      2,971        

amendments are to be harmonized where not substantively            2,972        

irreconcilable and constitutes a legislative finding that such is  2,973        

the resulting version in effect prior to the effective date of     2,974        

this act.