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
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(2) No person, through a pattern of corrupt activity or 55
the collection of an unlawful debt, shall acquire or maintain, 56
directly or indirectly, any interest in, or control of, any 57
enterprise or real property. 58
(3) No person, who knowingly has received any proceeds 60
derived, directly or indirectly, from a pattern of corrupt 61
activity or the collection of any unlawful debt, shall use or 62
invest, directly or indirectly, any part of those proceeds, or 63
any proceeds derived from the use or investment of any of those 64
proceeds, in the acquisition of any title to, or any right, 65
interest, or equity in, real property or in the establishment or 66
operation of any enterprise. 67
A purchase of securities on the open market with intent to 69
make an investment, without intent to control or participate in 70
the control of the issuer, and without intent to assist another 71
to do so is not a violation of this division, if the securities 72
of the issuer held after the purchase by the purchaser, the 73
members of the purchaser's immediate family, and the purchaser's 75
or the immediate family members' accomplices in any pattern of 77
corrupt activity or the collection of an unlawful debt do not 78
aggregate one per cent of the outstanding securities of any one 79
class of the issuer and do not confer, in law or in fact, the 80
power to elect one or more directors of the issuer.
(B)(1) Whoever violates this section is guilty of engaging 82
in a pattern of corrupt activity. Except as otherwise provided 84
in this division, engaging in corrupt activity is a felony of the 85
second degree. If at least one of the incidents of corrupt
activity is a felony of the first, second, or third degree, 86
aggravated murder, or murder, if at least one of the incidents 87
was a felony under the law of this state that was committed prior 88
to the effective date of this amendment and that would constitute 89
a felony of the first, second, or third degree, aggravated 90
murder, or murder if committed on or after the effective date of 91
this amendment, or if at least one of the incidents of corrupt 92
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activity is a felony under the law of the United States or of 94
another state that, if committed in this state on or after the 95
effective date of this amendment, would constitute a felony of 96
the first, second, or third degree, aggravated murder, or murder 97
under the law of this state, engaging in a pattern of corrupt 98
activity is a felony of the first degree. Notwithstanding any 99
other provision of law, a person may be convicted of violating 100
the provisions of this section as well as of a conspiracy to 101
violate one or more of those provisions under section 2923.01 of 102
the Revised Code.
(2) Notwithstanding the financial sanctions authorized by 105
section 2929.18 of the Revised Code, the court may do all of the 106
following with respect to any person who derives pecuniary value 107
or causes property damage, personal injury other than pain and 108
suffering, or other loss through or by the violation of this 109
section:
(a) In lieu of the fine authorized by that section, impose 112
a fine not exceeding the greater of three times the gross value 113
gained or three times the gross loss caused and order the clerk 114
of the court to pay the fine into the corrupt activity 115
investigation and prosecution fund created in section 2923.35 of 116
the Revised Code;
(b) In addition to the fine described in division 118
(B)(2)(a) of this section and the financial sanctions authorized 120
by section 2929.18 of the Revised Code, order the person to pay
court costs; 121
(c) In addition to the fine described in division 123
(B)(2)(a) of this section and the financial sanctions authorized 125
by section 2929.18 of the Revised Code, order the person to pay
to the state, municipal, or county law enforcement agencies that 126
handled the investigation and prosecution the costs of 127
investigation and prosecution that are reasonably incurred. 128
The court shall hold a hearing to determine the amount of 130
fine, court costs, and other costs to be imposed under this 131
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division. 132
(3) In addition to any other penalty or disposition 134
authorized or required by law, the court shall order any person 135
who is convicted of or pleads guilty to a violation of this 136
section or who is adjudicated delinquent by reason of a violation 137
of this section to criminally forfeit to the state any personal 138
or real property in which the person has an interest and that was 140
used in the course of or intended for use in the course of a 141
violation of this section, or that was derived from or realized 142
through conduct in violation of this section, including any 143
property constituting an interest in, means of control over, or 144
influence over the enterprise involved in the violation and any 145
property constituting proceeds derived from the violation, 146
including all of the following: 147
(a) Any position, office, appointment, tenure, commission, 149
or employment contract of any kind acquired or maintained by the 150
person in violation of this section, through which the person, in 152
violation of this section, conducted or participated in the 153
conduct of an enterprise, or that afforded the person a source of 155
influence or control over an enterprise that the person exercised 156
in violation of this section;
(b) Any compensation, right, or benefit derived from a 158
position, office, appointment, tenure, commission, or employment 159
contract described in division (B)(3)(a) of this section that 160
accrued to the person in violation of this section during the 162
period of the pattern of corrupt activity;
(c) Any interest in, security of, claim against, or 164
property or contractual right affording the person a source of 166
influence or control over the affairs of an enterprise that the
person exercised in violation of this section; 167
(d) Any amount payable or paid under any contract for 169
goods or services that was awarded or performed in violation of 170
this section. 171
(4)(a) A sentence or disposition of criminal forfeiture 173
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pursuant to division (B)(3) of this section shall not be entered 174
unless either of the following applies: 175
(i) The indictment, count in the indictment, or 177
information charging the offense, or the complaint filed in 178
juvenile court charging the violation as a delinquent act alleges 179
the extent of the property subject to forfeiture; 180
(ii) The criminal sentence or delinquency disposition 182
requires the forfeiture of property that was not reasonably 183
foreseen to be subject to forfeiture at the time of the 184
indictment, count in the indictment, or information charging the 185
offense, or the complaint filed in juvenile court charging the 186
violation as a delinquent act, provided that the prosecuting 187
attorney gave prompt notice to the defendant or the alleged or 188
adjudicated delinquent child of such property not reasonably 189
foreseen to be subject to forfeiture when it is discovered to be 190
forfeitable. 191
(b) A special verdict shall be returned as to the extent 193
of the property, if any, subject to forfeiture. When the special 194
verdict is returned, a judgment of forfeiture shall be entered. 195
(5) If any property included in a special verdict of 197
forfeiture returned pursuant to division (B)(4) of this section 198
cannot be located, has been sold to a bona fide purchaser for 199
value, placed beyond the jurisdiction of the court, substantially 200
diminished in value by the conduct of the defendant or 201
adjudicated delinquent child, or commingled with other property 202
that cannot be divided without difficulty or undue injury to 203
innocent persons, or otherwise is unreachable without undue 204
injury to innocent persons, the court shall order forfeiture of 205
any other reachable property of the defendant or adjudicated 206
delinquent child up to the value of the property that is 207
unreachable. 208
(6) All property ordered forfeited pursuant to this 210
section shall be held by the law enforcement agency that seized 211
it for distribution or disposal pursuant to section 2923.35 of 212
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the Revised Code. The agency shall maintain an accurate record 213
of each item of property so seized and held, which record shall 214
include the date on which each item was seized, the manner and 215
date of disposition by the agency, and if applicable, the name of 216
the person who received the item; however, the record shall not 217
identify or enable the identification of the individual officer 218
who seized the property. The record is a public record open for 219
inspection under section 149.43 of the Revised Code. Each law 220
enforcement agency that seizes and holds in any calendar year any 221
item of property that is ordered forfeited pursuant to this 222
section shall prepare a report covering the calendar year that 223
cumulates all of the information contained in all of the records 224
kept by the agency pursuant to this division for that calendar 225
year, and shall send the cumulative report, no later than the 226
first day of March in the calendar year following the calendar 227
year covered by the report, to the attorney general. Each such 228
report so received by the attorney general is a public record 229
open for inspection under section 149.43 of the Revised Code. 230
The attorney general shall make copies of each such report so 232
received, and, no NOT later than the fifteenth day of April in 233
the calendar year in which the reports were received, THE 234
ATTORNEY GENERAL shall send a copy of each such report to the 235
office of the president of the senate and the office of the 236
speaker of the house of representatives A WRITTEN NOTIFICATION 237
THAT DOES ALL OF THE FOLLOWING: 238
(a) 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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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.