As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 2 5
1999-2000 6
REPRESENTATIVES TIBERI-JAMES-THOMAS-TAYLOR-PATTON- 8
GRENDELL-HAINES-PRINGLE-VESPER-JONES-COUGHLIN- 9
JERSE-LUCAS-BRADING-JACOBSON-ROMAN-HEALY-O'BRIEN- 10
BOYD-MOTTLEY-EVANS-METELSKY-MYERS-TERWILLEGER-OPFER- 11
HOOPS-YOUNG-HOUSEHOLDER-GOODMAN-CALLENDER-DAMSCHRODER- 12
CORBIN-CLANCY-BUCHY-GARDNER-KREBS-CATES-WILLAMOWSKI- 13
HARRIS-METZGER-JOLIVETTE-OLMAN-MEAD-BATEMAN-SCHULER- 14
AMSTUTZ-SALERNO-MAIER-OGG-BENDER-LOGAN-D. MILLER- 15
BEATTY-WILSON-BRITTON-WESTON-CORE-PERZ-BUEHRER-DePIERO- 16
CAREY-SULZER-BARNES-HARTNETT-PETERSON-VAN VYVEN- 17
HOLLISTER-GOODING-AUSTRIA-SCHURING-WINKLER-ALLEN- 18
ROBERTS-GERBERRY-SUTTON-FORD-FLANNERY-BARRETT-SULLIVAN-VERICH- 19
SENATORS LATTA-HERINGTON-WATTS-HAGAN- 20
DiDONATO-DRAKE-NEIN-ARMBRUSTER-MUMPER-RAY-OELSLAGER- 21
BRADY-SPADA-WACHTMANN-LATELL-HOTTINGER-JOHNSON-KEARNS- 22
WHITE-CARNES-GARDNER-HORN-SCHAFRATH-BLESSING 23
_________________________________________________________________ 25
A B I L L
To amend sections 301.27, 2913.01, 2913.02, 2913.03, 27
2913.04, 2913.21, 2913.31, 2913.43, and 2913.61 28
and to enact section 2913.73 of the Revised Code 29
to enhance the penalty for committing the 30
offenses of theft, unauthorized use of a vehicle,
unauthorized use of property, misuse of credit 32
cards in specified circumstances, fraud, and
securing writings by deception when the victim of 34
the offense is an elderly person or disabled
adult, to permit for sentencing purposes the 36
aggregation in accordance with specific statutory
guidelines of all property, services, losses to 37
the victims, and debts for which credit cards are 38
2
held for security involved in the commission of 39
any of those offenses as part of a course of
conduct involving those theft offenses when the 42
victim of the offense is an elderly person or
disabled adult, and to permit evidence that a 44
victim lacked the capacity to give consent to be 45
admitted in the prosecution of a theft offense to 46
show that the victim did not give consent. 47
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 49
Section 1. That sections 301.27, 2913.01, 2913.02, 51
2913.03, 2913.04, 2913.21, 2913.31, 2913.43, and 2913.61 be 53
amended and section 2913.73 of the Revised Code be enacted to 54
read as follows:
Sec. 301.27. (A) As used in this section: 63
(1) "Credit card" includes a gasoline credit card and a 65
telephone credit card. 66
(2) "Officer" includes an individual who also is an 68
appointing authority. 69
(3) "Gasoline and oil expenses," "minor motor vehicle 71
maintenance expenses," and "emergency motor vehicle repair 72
expenses" refer to only those expenses incurred for motor 73
vehicles owned or leased by the county. 74
(B) A credit card held by a board of county commissioners 76
or the office of any other county appointing authority shall be 77
used only to pay work-related food, transportation, gasoline and 78
oil, minor motor vehicle maintenance, emergency motor vehicle 80
repair, telephone, lodging, and internet service provider 81
expenses.
(C) A county appointing authority may apply to the board 83
of county commissioners for authorization to have an officer or 84
employee of the appointing authority use a credit card held by 85
that appointing authority. The authorization request shall state 86
3
whether the card is to be issued only in the name of the office 87
of the appointing authority itself or whether the issued card 88
shall also include the name of a specified officer or employee. 89
(D) The debt incurred as a result of the use of a credit 91
card pursuant to this section shall be paid from moneys 92
appropriated to the appointing authority for work-related food, 93
transportation, gasoline and oil, minor motor vehicle 95
maintenance, emergency motor vehicle repair, telephone, lodging, 96
and internet service provider expenses. 97
(E)(1) Except as otherwise provided in division (E)(2) of 99
this section, every officer or employee authorized to use a 100
credit card held by the board or appointing authority shall 101
submit to the board by the first day of each month an estimate of 102
the officer's or employee's work-related food, transportation, 103
gasoline and oil, minor motor vehicle maintenance, emergency 105
motor vehicle repair, telephone, lodging, and internet service 106
provider expenses for that month, unless the board authorizes, by 107
resolution, the officer or employee to submit to the board such 108
an estimate for a period longer than one month. The board may 109
revise the estimate and determine the amount it approves, if any, 110
not to exceed the estimated amount. The board shall certify the 111
amount of its determination to the county auditor along with the 112
necessary information for the auditor to determine the 113
appropriate appropriation line item from which such expenditures 114
are to be made. After receiving certification from the county 115
auditor that the determined sum of money is in the treasury or in 116
the process of collection to the credit of the appropriate 117
appropriation line item for which the credit card is approved for 118
use, and is free from previous and then-outstanding obligations 119
or certifications, the board shall authorize the officer or 120
employee to incur debt for such expenses against the county's 121
credit up to the authorized amount. 122
(2) In lieu of following the procedure set forth in 124
division (E)(1) of this section, a board of county commissioners 125
4
may adopt a resolution authorizing an officer or employee of an 126
appointing authority to use a county credit card to pay for 127
specific classes of the work-related expenses listed in division 128
(B) of this section, or use a specific credit card for any of 129
those work-related expenses listed in division (B) of this 130
section, without submitting an estimate of those expenses to the 131
board as required by division (E)(1) of this section. Prior to 132
adopting the resolution, the board shall notify the county 133
auditor. The resolution shall specify whether the officer's or 134
employee's exemption extends to the use of a specific card, which 135
card shall be identified by its number, or to one or more 136
specific work-related uses from the classes of uses permitted 137
under division (B) of this section. Before any credit card 138
exempted for specific uses may be used to make purchases for uses 140
other than those specific uses listed in the resolution, the
procedures outlined in division (E)(1) of this section must be 141
followed or the use shall be considered an unauthorized use. Use 142
of any credit card under division (E)(2) of this section shall be 143
limited to the amount appropriated and encumbered in a specific 144
appropriation line item for the permitted use or uses designated 145
in the authorizing resolution, or, in the case of a resolution 146
that authorizes use of a specific credit card, for each of the 147
permitted uses listed in division (B) of this section, but only 148
to the extent the moneys in such appropriations are not otherwise 149
encumbered. 150
(F)(1) Any time a county credit card approved for use for 152
an authorized amount under division (E)(1) of this section is 153
used for more than that authorized amount, the appointing 154
authority may request the board of county commissioners to 155
authorize after the fact the expenditure of any amount charged 156
beyond the originally authorized amount if, upon the board's 157
request, the county auditor certifies that sum of money is in the 158
treasury or in the process of collection to the credit of the 159
appropriate appropriation line item for which the credit card was 160
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used and is free from previous and then-outstanding obligations 161
or certifications. If the card is used for more than the amount 162
originally authorized and if for any reason that amount is not 163
authorized after the fact, then the county treasury shall be 164
reimbursed for any amount spent beyond the originally authorized 165
amount in the following manner: 166
(a) If the card is issued in the name of a specific 168
officer or employee, then that officer or employee is liable in 169
person and upon any official bond the officer or employee has 170
given to the county to reimburse the county treasury for the 172
amount charged to the county beyond the originally authorized 173
amount.
(b) If the card was issued to the office of the appointing 175
authority, then the appointing authority is liable in person and 176
upon any official bond the appointing authority has given to the 178
county for the amount charged to the county beyond the originally 179
authorized amount.
(2) Any time a county credit card authorized for use under 181
division (E)(2) of this section is used for more than the amount 182
appropriated under that division, the appointing authority may 183
request the board of county commissioners to issue a supplemental 184
appropriation or make a transfer to the proper line item account 185
as permitted in section 5705.40 of the Revised Code, to cover the 186
amount charged beyond the originally appropriated amount. If the 187
card is used for more than the amount originally appropriated and 188
if for any reason that amount is not appropriated or transferred 189
as permitted by this section, then the county treasury shall be 190
reimbursed for any amount spent beyond the originally 191
appropriated amount in the following manner: 192
(a) If the card is issued in the name of a specific 194
officer or employee, then that officer or employee is liable in 195
person and upon any official bond the officer or employee has 196
given to the county for reimbursing the county treasury for any 198
amount charged on the card beyond the originally appropriated 199
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amount.
(b) If the card is issued in the name of the office of the 201
appointing authority, then the appointing authority is liable in 202
person and upon any official bond the appointing authority has 204
given to the county for reimbursement for any amount charged on 205
the card beyond the originally appropriated amount. 206
(3) Whenever any officer or employee authorized to use a 208
credit card held by the board or the office of any other county 209
appointing authority suspects the loss, theft, or possibility of 210
unauthorized use of the county credit card the officer or 211
employee is authorized to use, the officer or employee shall so 213
notify the officer's or employee's appointing authority or the 214
board immediately and in writing. 215
(4) If the county auditor determines there has been a 217
credit card expenditure beyond the appropriated or authorized 218
amount as provided in division (E) of this section, the auditor 219
immediately shall notify the board of county commissioners of 221
this fact. When the board of county commissioners determines on 222
its own or after notification from the county auditor that the 223
county treasury should be reimbursed for credit card expenditures 224
beyond the appropriated or authorized amount as provided in 225
divisions (F)(1) and (2) of this section, it shall give written 226
notice to the officer or employee or appointing authority liable 228
to the treasury as provided in divisions (F)(1) and (2) of this 229
section. If, within thirty days after issuance of this written 230
notice the county treasury is not reimbursed for the amount shown 231
on the written notice, the prosecuting attorney of the county 232
shall recover that amount from the officer or employee or 233
appointing authority who is liable under this section by civil 234
action in any court of appropriate jurisdiction. 235
(G) Use of a county credit card for any use other than 237
those permitted under division (B) of this section is a violation 238
of law for the purposes of division (D) of section 2913.21 of the 240
Revised Code.
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Sec. 2913.01. As used in this chapter, unless the context 249
requires that a term be given a different meaning: 250
(A) "Deception" means knowingly deceiving another or 252
causing another to be deceived by any false or misleading 253
representation, by withholding information, by preventing another 254
from acquiring information, or by any other conduct, act, or 255
omission that creates, confirms, or perpetuates a false 256
impression in another, including a false impression as to law, 257
value, state of mind, or other objective or subjective fact. 258
(B) "Defraud" means to knowingly obtain, by deception, 260
some benefit for oneself or another, or to knowingly cause, by 261
deception, some detriment to another. 262
(C) "Deprive" means to do any of the following: 264
(1) Withhold property of another permanently, or for a 266
period that appropriates a substantial portion of its value or 267
use, or with purpose to restore it only upon payment of a reward 268
or other consideration; 269
(2) Dispose of property so as to make it unlikely that the 271
owner will recover it; 272
(3) Accept, use, or appropriate money, property, or 274
services, with purpose not to give proper consideration in return 275
for the money, property, or services, and without reasonable 276
justification or excuse for not giving proper consideration. 277
(D) "Owner" means, unless the context requires a different 279
meaning, any person, other than the actor, who is the owner of, 281
who has possession or control of, or who has any license or 283
interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful. 284
(E) "Services" include labor, personal services, 286
professional services, public utility services, common carrier 287
services, and food, drink, transportation, entertainment, and 288
cable television services. 289
(F) "Writing" means any computer software, document, 291
letter, memorandum, note, paper, plate, data, film, or other 292
8
thing having in or upon it any written, typewritten, or printed 293
matter, and any token, stamp, seal, credit card, badge, 295
trademark, label, or other symbol of value, right, privilege, 296
license, or identification.
(G) "Forge" means to fabricate or create, in whole or in 298
part and by any means, any spurious writing, or to make, execute, 299
alter, complete, reproduce, or otherwise purport to authenticate 300
any writing, when the writing in fact is not authenticated by 301
that conduct. 302
(H) "Utter" means to issue, publish, transfer, use, put or 304
send into circulation, deliver, or display. 305
(I) "Coin machine" means any mechanical or electronic 307
device designed to do both of the following: 308
(1) Receive a coin, bill, or token made for that purpose; 310
(2) In return for the insertion or deposit of a coin, 312
bill, or token, automatically dispense property, provide a 313
service, or grant a license. 314
(J) "Slug" means an object that, by virtue of its size, 316
shape, composition, or other quality, is capable of being 317
inserted or deposited in a coin machine as an improper substitute 318
for a genuine coin, bill, or token made for that purpose. 319
(K) "Theft offense" means any of the following: 321
(1) A violation of section 2911.01, 2911.02, 2911.11, 323
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 324
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 326
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 328
2913.47, former section 2913.47 or 2913.48, or section 2913.51, 329
2915.05, or 2921.41 of the Revised Code; 330
(2) A violation of an existing or former municipal 332
ordinance or law of this or any other state, or of the United 333
States, substantially equivalent to any section listed in 334
division (K)(1) of this section or a violation of section 335
2913.41, 2913.81, or 2915.06 of the Revised Code as it existed 336
prior to July 1, 1996;
9
(3) An offense under an existing or former municipal 338
ordinance or law of this or any other state, or of the United 339
States, involving robbery, burglary, breaking and entering, 340
theft, embezzlement, wrongful conversion, forgery, 341
counterfeiting, deceit, or fraud; 342
(4) A conspiracy or attempt to commit, or complicity in 344
committing, any offense under division (K)(1), (2), or (3) of 345
this section. 346
(L) "Computer services" includes, but is not limited to, 348
the use of a computer system, computer network, computer program, 349
data that is prepared for computer use, or data that is contained 350
within a computer system or computer network. 351
(M) "Computer" means an electronic device that performs 353
logical, arithmetic, and memory functions by the manipulation of 354
electronic or magnetic impulses. "Computer" includes, but is not 355
limited to, all input, output, processing, storage, computer 356
program, or communication facilities that are connected, or 357
related, in a computer system or network to an electronic device 359
of that nature.
(N) "Computer system" means a computer and related 361
devices, whether connected or unconnected, including, but not 362
limited to, data input, output, and storage devices, data 363
communications links, and computer programs and data that make 364
the system capable of performing specified special purpose data 365
processing tasks. 366
(O) "Computer network" means a set of related and remotely 368
connected computers and communication facilities that includes 369
more than one computer system that has the capability to transmit 370
among the connected computers and communication facilities 371
through the use of computer facilities. 372
(P) "Computer program" means an ordered set of data 374
representing coded instructions or statements that, when executed 375
by a computer, cause the computer to process data. 376
(Q) "Computer software" means computer programs, 378
10
procedures, and other documentation associated with the operation 379
of a computer system. 380
(R) "Data" means a representation of information, 382
knowledge, facts, concepts, or instructions that are being or 383
have been prepared in a formalized manner and that are intended 384
for use in a computer, computer system, or computer network. For 386
purposes of section 2913.47 of the Revised Code, "data" has the 388
additional meaning set forth in division (A) of that section. 389
(S) "Cable television service" means any services provided 391
by or through the facilities of any cable television system or 392
other similar closed circuit coaxial cable communications system, 393
or any microwave or similar transmission service used in 394
connection with any cable television system or other similar 395
closed circuit coaxial cable communications system. 396
(T) "Gain access" means to approach, instruct, communicate 398
with, store data in, retrieve data from, or otherwise make use of 399
any resources of a computer, computer system, or computer 400
network. 401
(U) "Credit card" includes, but is not limited to, a card, 403
code, device, or other means of access to a customer's account 404
for the purpose of obtaining money, property, labor, or services 405
on credit, or for initiating an electronic fund transfer at a 406
point-of-sale terminal, an automated teller machine, or a cash 407
dispensing machine. 408
(V) "Electronic fund transfer" has the same meaning as in 410
92 Stat. 3728, 15 U.S.C.A. 1693a, as amended. 411
(W) "Rented property" means personal property in which the 413
right of possession and use of the property is for a short and 414
possibly indeterminate term in return for consideration; the 415
rentee generally controls the duration of possession of the 416
property, within any applicable minimum or maximum term; and the 417
amount of consideration generally is determined by the duration 418
of possession of the property.
(X) "Telecommunication" means the origination, emission, 421
11
dissemination, transmission, or reception of data, images,
signals, sounds, or other intelligence or equivalence of 422
intelligence of any nature over any communications system by any 423
method, including, but not limited to, a fiber optic, electronic, 424
magnetic, optical, digital, or analog method. 425
(Y) "Telecommunications device" means any instrument, 428
equipment, machine, or other device that facilitates 429
telecommunication, including, but not limited to, a computer, 430
computer network, computer chip, computer circuit, scanner, 431
telephone, cellular telephone, pager, personal communications 432
device, transponder, receiver, radio, modem, or device that 433
enables the use of a modem.
(Z) "Telecommunications service" means the providing, 436
allowing, facilitating, or generating of any form of 437
telecommunication through the use of a telecommunications device 438
over a telecommunications system.
(AA) "Counterfeit telecommunications device" means a 441
telecommunications device that, alone or with another 442
telecommunications device, has been altered, constructed, 443
manufactured, or programmed to acquire, intercept, receive, or
otherwise facilitate the use of a telecommunications service or 444
information service without the authority or consent of the 446
provider of the telecommunications service or information 447
service. "Counterfeit telecommunications device" includes, but 448
is not limited to, a clone telephone, clone microchip, tumbler 449
telephone, or tumbler microchip; a wireless scanning device 450
capable of acquiring, intercepting, receiving, or otherwise 451
facilitating the use of telecommunications service or information 452
service without immediate detection; or a device, equipment, 453
hardware, or software designed for, or capable of, altering or 454
changing the electronic serial number in a wireless telephone. 455
(BB)(1) "Information service" means, subject to division 458
(BB)(2) of this section, the offering of a capability for 460
generating, acquiring, storing, transforming, processing, 461
12
retrieving, utilizing, or making available information via 462
telecommunications, including, but not limited to, electronic 463
publishing.
(2) "Information service" does not include any use of a 465
capability of a type described in division (BB)(1) of this 467
section for the management, control, or operation of a 468
telecommunications system or the management of a 469
telecommunications service.
(CC) "ELDERLY PERSON" MEANS A PERSON WHO IS SIXTY-FIVE 471
YEARS OF AGE OR OLDER. 472
(DD) "DISABLED ADULT" MEANS A PERSON WHO IS EIGHTEEN YEARS 474
OF AGE OR OLDER AND HAS SOME IMPAIRMENT OF BODY OR MIND THAT 476
MAKES THE PERSON UNFIT TO WORK AT ANY SUBSTANTIALLY REMUNERATIVE 477
EMPLOYMENT THAT THE PERSON OTHERWISE WOULD BE ABLE TO PERFORM AND 478
THAT WILL, WITH REASONABLE PROBABILITY, CONTINUE FOR A PERIOD OF 479
AT LEAST TWELVE MONTHS WITHOUT ANY PRESENT INDICATION OF RECOVERY 480
FROM THE IMPAIRMENT, OR WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND 481
HAS BEEN CERTIFIED AS PERMANENTLY AND TOTALLY DISABLED BY AN 482
AGENCY OF THIS STATE OR THE UNITED STATES THAT HAS THE FUNCTION 483
OF SO CLASSIFYING PERSONS. 484
(EE) "FIREARM" AND "DANGEROUS ORDNANCE" HAVE THE SAME 486
MEANINGS AS IN SECTION 2923.11 OF THE REVISED CODE. 487
(FF) "MOTOR VEHICLE" HAS THE SAME MEANING AS IN SECTION 489
4501.01 OF THE REVISED CODE. 490
(GG) "DANGEROUS DRUG" HAS THE SAME MEANING AS IN SECTION 492
4729.01 OF THE REVISED CODE. 493
(HH) "DRUG ABUSE OFFENSE" HAS THE SAME MEANING AS IN 495
SECTION 2925.01 OF THE REVISED CODE. 496
Sec. 2913.02. (A) No person, with purpose to deprive the 505
owner of property or services, shall knowingly obtain or exert 506
control over either the property or services in any of the 507
following ways: 508
(1) Without the consent of the owner or person authorized 510
to give consent; 511
13
(2) Beyond the scope of the express or implied consent of 513
the owner or person authorized to give consent; 514
(3) By deception; 516
(4) By threat; 518
(5) BY INTIMIDATION. 520
(B)(1) Whoever violates this section is guilty of theft. 522
Except 523
(2) EXCEPT as otherwise provided in this division OR 527
DIVISION (B)(3), (4), (5), OR (6) OF THIS SECTION, a violation of 528
this section is petty theft, a misdemeanor of the first degree. 529
If the value of the property or services stolen is five hundred 530
dollars or more and is less than five thousand dollars or if the 531
property stolen is any of the property listed in section 2913.71 532
of the Revised Code, a violation of this section is theft, a 533
felony of the fifth degree. If the value of the property or 534
services stolen is five thousand dollars or more and is less than 535
one hundred thousand dollars or if the property stolen is a 536
firearm or dangerous ordnance, as defined in section 2923.11 of 537
the Revised Code, a violation of this section is grand theft, a 538
felony of the fourth degree. If the property stolen is a motor 540
vehicle, as defined in section 4501.01 of the Revised Code, a
violation of this section is grand theft of a motor vehicle, a 541
felony of the fourth degree. If the value of the property or 542
services stolen is one hundred thousand dollars or more, a 543
violation of this section is aggravated theft, a felony of the 544
third degree. If 545
(3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(4), (5), 548
OR (6) OF THIS SECTION, IF THE VICTIM OF THE OFFENSE IS AN 549
ELDERLY PERSON OR DISABLED ADULT, A VIOLATION OF THIS SECTION IS 551
THEFT FROM AN ELDERLY PERSON OR DISABLED ADULT, AND DIVISION 552
(B)(3) OF THIS SECTION APPLIES. EXCEPT AS OTHERWISE PROVIDED IN 553
THIS DIVISION, THEFT FROM AN ELDERLY PERSON OR DISABLED ADULT IS 554
A FELONY OF THE FIFTH DEGREE. IF THE VALUE OF THE PROPERTY OR 555
SERVICES STOLEN IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS THAN 556
14
FIVE THOUSAND DOLLARS, THEFT FROM AN ELDERLY PERSON OR DISABLED 557
ADULT IS A FELONY OF THE FOURTH DEGREE. IF THE VALUE OF THE 558
PROPERTY OR SERVICES STOLEN IS FIVE THOUSAND DOLLARS OR MORE AND 559
IS LESS THAN TWENTY-FIVE THOUSAND DOLLARS, THEFT FROM AN ELDERLY 560
PERSON OR DISABLED ADULT IS A FELONY OF THE THIRD DEGREE. IF THE 561
VALUE OF THE PROPERTY OR SERVICES STOLEN IS TWENTY-FIVE THOUSAND 562
DOLLARS OR MORE, THEFT FROM AN ELDERLY PERSON OR DISABLED ADULT 564
IS A FELONY OF THE SECOND DEGREE. 565
(4) IF THE PROPERTY STOLEN IS A FIREARM OR DANGEROUS 567
ORDNANCE, A VIOLATION OF THIS SECTION IS GRAND THEFT, A FELONY OF 569
THE FOURTH DEGREE.
(5) IF THE PROPERTY STOLEN IS A MOTOR VEHICLE, A VIOLATION 572
OF THIS SECTION IS GRAND THEFT OF A MOTOR VEHICLE, A FELONY OF 573
THE FOURTH DEGREE.
(6) IF the property stolen is any dangerous drug, as 576
defined in section 4729.01 of the Revised Code, a violation of 578
this section is theft of drugs, a felony of the fourth degree, 579
or, if the offender previously has been convicted of a felony 580
drug abuse offense, as defined in section 2925.01 of the Revised 581
Code, a felony of the third degree. 582
Sec. 2913.03. (A) No person shall knowingly use or 591
operate an aircraft, motor vehicle, motorcycle, motorboat, or 592
other motor-propelled vehicle without the consent of the owner or 593
person authorized to give consent. 594
(B) No person shall knowingly use or operate an aircraft, 596
motor vehicle, motorboat, or other motor-propelled vehicle 597
without the consent of the owner or person authorized to give 598
consent, and either remove it from this state or keep possession 599
of it for more than forty-eight hours. 600
(C) The following are affirmative defenses to a charge 602
under this section: 603
(1) At the time of the alleged offense, the actor, though 605
mistaken, reasonably believed that the actor was authorized to 606
use or operate the property. 607
15
(2) At the time of the alleged offense, the actor 609
reasonably believed that the owner or person empowered to give 610
consent would authorize the actor to use or operate the property. 611
(D)(1) Whoever violates this section is guilty of 613
unauthorized use of a vehicle. A 614
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(4) OF 616
THIS SECTION, A violation of division (A) of this section is a 618
misdemeanor of the first degree. A
(3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(4) OF 621
THIS SECTION, A violation of division (B) of this section is a 622
felony of the fifth degree.
(4) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 624
DISABLED ADULT AND IF THE VICTIM INCURS A LOSS AS A RESULT OF THE 626
VIOLATION, A VIOLATION OF DIVISION (A) OR (B) OF THIS SECTION IS 627
WHICHEVER OF THE FOLLOWING IS APPLICABLE:
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(4)(b), 630
(c), (d), OR (e) OF THIS SECTION, A FELONY OF THE FIFTH DEGREE; 631
(b) IF THE LOSS TO THE VICTIM IS FIVE HUNDRED DOLLARS OR 633
MORE AND IS LESS THAN FIVE THOUSAND DOLLARS, A FELONY OF THE 634
FOURTH DEGREE;
(c) IF THE LOSS TO THE VICTIM IS FIVE THOUSAND DOLLARS OR 636
MORE AND IS LESS THAN TWENTY-FIVE THOUSAND DOLLARS, A FELONY OF 637
THE THIRD DEGREE;
(d) IF THE LOSS TO THE VICTIM IS TWENTY-FIVE THOUSAND 639
DOLLARS OR MORE, A FELONY OF THE SECOND DEGREE. 640
Sec. 2913.04. (A) No person shall knowingly use or 649
operate the property of another without the consent of the owner 650
or person authorized to give consent. 651
(B) No person shall knowingly gain access to, attempt to 653
gain access to, or cause access to be gained to any computer, 654
computer system, computer network, telecommunications device, 656
telecommunications service, or information service without the
consent of, or beyond the scope of the express or implied consent 657
of, the owner of the computer, computer system, computer network, 658
16
telecommunications device, telecommunications service, or 659
information service or other person authorized to give consent by 660
the owner.
(C) The affirmative defenses contained in division (C) of 662
section 2913.03 of the Revised Code are affirmative defenses to a 663
charge under this section. 664
(D)(1) Whoever violates division (A) of this section is 667
guilty of unauthorized use of property. Except
(2) EXCEPT as otherwise provided in this division (D)(3) 670
OR (4) OF THIS SECTION, unauthorized use of property is a 671
misdemeanor of the fourth degree. 672
If (3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(4) OF 675
THIS SECTION, IF unauthorized use of property is committed for 676
the purpose of devising or executing a scheme to defraud or to 677
obtain property or services, unauthorized use of property is 678
whichever of the following is applicable:
(1)(a) Except as otherwise provided in division (D)(2), 681
(3), or (4) (b), (c), OR (d) of this section, a misdemeanor of 683
the first degree.
(2)(b) If the value of the property or services or the 685
loss to the victim is five hundred dollars or more and is less 687
than five thousand dollars, a felony of the fifth degree. 688
(3)(c) If the value of the property or services or the 690
loss to the victim is five thousand dollars or more and is less 692
than one hundred thousand dollars, a felony of the fourth degree. 693
(4)(d) If the value of the property or services or the 695
loss to the victim is one hundred thousand dollars or more, a 696
felony of the third degree. 697
(4) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 699
DISABLED ADULT, UNAUTHORIZED USE OF PROPERTY IS WHICHEVER OF THE 701
FOLLOWING IS APPLICABLE: 702
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(4)(b), 705
(c), (d), OR (e) OF THIS SECTION, A FELONY OF THE FIFTH DEGREE; 707
(b) IF THE VALUE OF THE PROPERTY OR SERVICES OR LOSS TO 709
17
THE VICTIM IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS THAN FIVE 710
THOUSAND DOLLARS, A FELONY OF THE FOURTH DEGREE; 711
(c) IF THE VALUE OF THE PROPERTY OR SERVICES OR LOSS TO 713
THE VICTIM IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS THAN 714
TWENTY-FIVE THOUSAND DOLLARS, A FELONY OF THE THIRD DEGREE; 716
(d) IF THE VALUE OF THE PROPERTY OR SERVICES OR LOSS TO 718
THE VICTIM IS TWENTY-FIVE THOUSAND DOLLARS OR MORE, A FELONY OF 720
THE SECOND DEGREE.
(E) Whoever violates division (B) of this section is 722
guilty of unauthorized use of computer or telecommunication 723
property, a felony of the fifth degree. 724
Sec. 2913.21. (A) No person shall do any of the 733
following: 734
(1) Practice deception for the purpose of procuring the 736
issuance of a credit card, when a credit card is issued in actual 737
reliance thereon; 738
(2) Knowingly buy or sell a credit card from or to a 740
person other than the issuer. 741
(B) No person, with purpose to defraud, shall do any of 743
the following: 744
(1) Obtain control over a credit card as security for a 746
debt; 747
(2) Obtain property or services by the use of a credit 749
card, in one or more transactions, knowing or having reasonable 750
cause to believe that the card has expired or been revoked, or 751
was obtained, is retained, or is being used in violation of law; 752
(3) Furnish property or services upon presentation of a 754
credit card, knowing that the card is being used in violation of 755
law; 756
(4) Represent or cause to be represented to the issuer of 758
a credit card that property or services have been furnished, 759
knowing that the representation is false. 760
(C) No person, with purpose to violate this section, shall 762
receive, possess, control, or dispose of a credit card. 763
18
(D)(1) Whoever violates this section is guilty of misuse 765
of credit cards. 766
(2) A EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(4) OF 768
THIS SECTION, A violation of division (A), (B)(1), or (C) of this 769
section is a misdemeanor of the first degree. 770
(3) Except as otherwise provided in this division OR 772
DIVISION (D)(4) OF THIS SECTION, a violation of division (B)(2), 774
(3), or (4) of this section is a misdemeanor of the first degree.
If the cumulative retail value of the property and services 775
involved in one or more violations of division (B)(2), (3), or 777
(4) of this section, which violations involve one or more credit 778
card accounts and occur within a period of ninety consecutive 779
days commencing on the date of the first violation, is five 780
hundred dollars or more and is less than five thousand dollars, 781
misuse of credit cards in violation of any of those divisions is 782
a felony of the fifth degree. If the cumulative retail value of 784
the property and services involved in one or more violations of 785
division (B)(2), (3), or (4) of this section, which violations 786
involve one or more credit card accounts and occur within a 787
period of ninety consecutive days commencing on the date of the 788
first violation, is five thousand dollars or more and is less 789
than one hundred thousand dollars, misuse of credit cards in 790
violation of any of those divisions is a felony of the fourth 791
degree. If the cumulative retail value of the property and 792
services involved in one or more violations of division (B)(2), 793
(3), or (4) of this section, which violations involve one or more 794
credit card accounts and occur within a period of ninety 795
consecutive days commencing on the date of the first violation, 796
is one hundred thousand dollars or more, misuse of credit cards 797
in violation of any of those divisions is a felony of the third 799
degree.
(4) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 801
DISABLED ADULT, AND IF THE OFFENSE INVOLVES A VIOLATION OF 803
DIVISION (B)(1) OR (2) OF THIS SECTION, DIVISION (D)(4) OF THIS 804
19
SECTION APPLIES. EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(4) 805
OF THIS SECTION, A VIOLATION OF DIVISION (B)(1) OR (2) OF THIS 806
SECTION IS A FELONY OF THE FIFTH DEGREE. IF THE DEBT FOR WHICH 807
THE CARD IS HELD AS SECURITY OR THE CUMULATIVE RETAIL VALUE OF 808
THE PROPERTY OR SERVICES INVOLVED IN THE VIOLATION IS FIVE
HUNDRED DOLLARS OR MORE AND IS LESS THAN FIVE THOUSAND DOLLARS, A 809
VIOLATION OF EITHER OF THOSE DIVISIONS IS A FELONY OF THE FOURTH 810
DEGREE. IF THE DEBT FOR WHICH THE CARD IS HELD AS SECURITY OR 811
THE CUMULATIVE RETAIL VALUE OF THE PROPERTY OR SERVICES INVOLVED 812
IN THE VIOLATION IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS
THAN TWENTY-FIVE THOUSAND DOLLARS, A VIOLATION OF EITHER OF THOSE 813
DIVISIONS IS A FELONY OF THE THIRD DEGREE. IF THE DEBT FOR WHICH 814
THE CARD IS HELD AS SECURITY OR THE CUMULATIVE RETAIL VALUE OF 815
THE PROPERTY OR SERVICES INVOLVED IN THE VIOLATION IS TWENTY-FIVE 816
THOUSAND DOLLARS OR MORE, A VIOLATION OF EITHER OF THOSE 817
DIVISIONS IS A FELONY OF THE SECOND DEGREE. 818
Sec. 2913.31. (A) No person, with purpose to defraud, or 827
knowing that the person is facilitating a fraud, shall do any of 828
the following: 829
(1) Forge any writing of another without the other 831
person's authority; 832
(2) Forge any writing so that it purports to be genuine 834
when it actually is spurious, or to be the act of another who did 835
not authorize that act, or to have been executed at a time or 836
place or with terms different from what in fact was the case, or 837
to be a copy of an original when no such original existed; 838
(3) Utter, or possess with purpose to utter, any writing 840
that the person knows to have been forged. 841
(B) No person shall knowingly do either of the following: 843
(1) Forge an identification card; 845
(2) Sell or otherwise distribute a card that purports to 847
be an identification card, knowing it to have been forged. 848
As used in this division, "identification card" means a 850
card that includes personal information or characteristics of an 851
20
individual, a purpose of which is to establish the identity of 852
the bearer described on the card, whether the words "identity," 853
"identification," "identification card," or other similar words 854
appear on the card. 855
(C)(1)(a) Whoever violates division (A) of this section is 857
guilty of forgery. Except 858
(b) EXCEPT as otherwise provided in this division OR 861
DIVISION (C)(1)(c) OF THIS SECTION, forgery is a felony of the 862
fifth degree. If property or services are involved in the 863
offense or the victim suffers a loss and if, FORGERY IS ONE OF 864
THE FOLLOWING:
(i) IF the value of the property or services or the loss 866
to the victim is five thousand dollars or more and is less than 869
one hundred thousand dollars, forgery is a felony of the fourth 871
degree. If property or services are involved in the offense or 873
the victim suffers a loss and if;
(ii) IF the value of the property or services or the loss 877
to the victim is one hundred thousand dollars or more, forgery is 878
a felony of the third degree. 879
(c) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 881
DISABLED ADULT, DIVISION (C)(1)(c) OF THIS SECTION APPLIES TO THE 883
FORGERY. EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(1)(c) OF 884
THIS SECTION, FORGERY IS A FELONY OF THE FIFTH DEGREE. IF 886
PROPERTY OR SERVICES ARE INVOLVED IN THE OFFENSE OR IF THE VICTIM 887
SUFFERS A LOSS, FORGERY IS ONE OF THE FOLLOWING:
(i) IF THE VALUE OF THE PROPERTY OR SERVICES OR THE LOSS 890
TO THE VICTIM IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS THAN 891
FIVE THOUSAND DOLLARS, A FELONY OF THE FOURTH DEGREE; 892
(ii) IF THE VALUE OF THE PROPERTY OR SERVICES OR THE LOSS 896
TO THE VICTIM IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS THAN 897
TWENTY-FIVE THOUSAND DOLLARS, A FELONY OF THE THIRD DEGREE; 898
(iii) IF THE VALUE OF THE PROPERTY OR SERVICES OR THE LOSS 901
TO THE VICTIM IS TWENTY-FIVE THOUSAND DOLLARS OR MORE, A FELONY 902
OF THE SECOND DEGREE.
21
(2) Whoever violates division (B) of this section is 904
guilty of forging identification cards or selling or distributing 905
forged identification cards. Except as otherwise provided in 907
this division, forging identification cards or selling or
distributing forged identification cards is a misdemeanor of the 908
first degree. If the offender previously has been convicted of a 909
violation of division (B) of this section, forging identification 910
cards or selling or distributing forged identification cards is a 912
misdemeanor of the first degree and, in addition, the court shall 913
impose upon the offender a fine of not less than two hundred 914
fifty dollars.
Sec. 2913.43. (A) No person, by deception, shall cause 923
another to execute any writing that disposes of or encumbers 924
property, or by which a pecuniary obligation is incurred. 925
(B)(1) Whoever violates this section is guilty of securing 927
writings by deception. Except 929
(2) EXCEPT as otherwise provided in this division OR 931
DIVISION (B)(3) OF THIS SECTION, securing writings by deception 934
is a misdemeanor of the first degree. If the value of the
property or the obligation involved is five hundred dollars or 935
more and less than five thousand dollars, securing writings by 936
deception is a felony of the fifth degree. If the value of the 937
property or the obligation involved is five thousand dollars or 938
more and is less than one hundred thousand dollars, securing 939
writings by deception is a felony of the fourth degree. If the
value of the property or the obligation involved is one hundred 940
thousand dollars or more, securing writings by deception is a 941
felony of the third degree.
(3) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 943
DISABLED ADULT, DIVISION (B)(3) OF THIS SECTION APPLIES. EXCEPT 946
AS OTHERWISE PROVIDED IN DIVISION (B)(3) OF THIS SECTION, 947
SECURING WRITINGS BY DECEPTION IS A FELONY OF THE FIFTH DEGREE. 948
IF THE VALUE OF THE PROPERTY OR OBLIGATION INVOLVED IS FIVE 950
HUNDRED DOLLARS OR MORE AND IS LESS THAN FIVE THOUSAND DOLLARS, 951
22
SECURING WRITINGS BY DECEPTION IS A FELONY OF THE FOURTH DEGREE. 952
IF THE VALUE OF THE PROPERTY OR OBLIGATION INVOLVED IS FIVE 953
THOUSAND DOLLARS OR MORE AND IS LESS THAN TWENTY-FIVE THOUSAND 954
DOLLARS, SECURING WRITINGS BY DECEPTION IS A FELONY OF THE THIRD 955
DEGREE. IF THE VALUE OF THE PROPERTY OR OBLIGATION INVOLVED IS 956
TWENTY-FIVE THOUSAND DOLLARS OR MORE, SECURING WRITINGS BY 957
DECEPTION IS A FELONY OF THE SECOND DEGREE.
Sec. 2913.61. (A) When a person is charged with a theft 966
offense involving property or services valued at five hundred 968
dollars or more, a theft offense involving property or services 969
valued at five hundred dollars or more and less than five 970
thousand dollars, a theft offense involving property or services 971
valued at five thousand dollars or more and less than TWENTY-FIVE 972
THOUSAND DOLLARS, A THEFT OFFENSE INVOLVING PROPERTY OR SERVICES 973
VALUED AT TWENTY-FIVE THOUSAND DOLLARS OR MORE AND LESS THAN one 974
hundred thousand dollars, or a theft offense involving property 976
or services valued at one hundred thousand dollars or more, the 977
jury or court trying the accused shall determine the value of the 978
property or services as of the time of the offense and, if a 979
guilty verdict is returned, shall return the finding of value as 980
part of the verdict. In any case in which the jury or court 981
determines that the value of the property or services at the time 982
of the offense was five hundred dollars or more, it is 983
unnecessary to find and return the exact value, and it is
sufficient if the finding and return is to the effect that the 984
value of the property or services involved was five hundred 985
dollars or more and less than five thousand dollars, was five 987
thousand dollars or more and less than TWENTY-FIVE THOUSAND 988
DOLLARS, WAS TWENTY-FIVE THOUSAND DOLLARS OR MORE AND LESS THAN 989
one hundred thousand dollars, or was one hundred thousand dollars 990
or more.
(B) If more than one item of property or services is 992
involved in a theft offense, the value of the property or 993
services involved for the purpose of determining the value as 994
23
required by division (A) of this section is the aggregate value 995
of all property or services involved in the offense. 996
(C)(1) When a series of offenses under section 2913.02 of 998
the Revised Code, OR A SERIES OF VIOLATIONS OF, ATTEMPTS TO 1,000
COMMIT A VIOLATION OF, CONSPIRACIES TO VIOLATE, OR COMPLICITY IN 1,001
VIOLATIONS OF SECTION 2913.02, 2913.03, OR 2913.04, DIVISION 1,002
(B)(1) OR (2) OF SECTION 2913.21, OR SECTION 2913.31 OR 2913.43 1,003
OF THE REVISED CODE INVOLVING A VICTIM WHO IS AN ELDERLY PERSON 1,004
OR DISABLED ADULT, is committed by the offender in the offender's 1,005
same employment, capacity, or relationship to another, all of 1,006
those offenses shall be tried as a single offense, and the value 1,008
of the property or services involved for the purpose of 1,009
determining the value as required by division (A) of this section 1,010
is the aggregate value of all property and services involved in 1,011
all offenses in the series. In prosecuting a single offense 1,012
under this division, it is not necessary to separately allege and 1,013
prove each offense in the series. It is sufficient to allege and 1,014
prove that the offender, within a given span of time, committed 1,015
one or more theft offenses in the offender's same employment, 1,016
capacity, or relationship to another. 1,017
(2) If an offender is being tried for the commission of a 1,020
series of offenses under section 2913.02 of the Revised Code 1,022
against more than one victim, OR A SERIES OF VIOLATIONS OF, 1,024
ATTEMPTS TO COMMIT A VIOLATION OF, CONSPIRACIES TO VIOLATE, OR 1,025
COMPLICITY IN VIOLATIONS OF SECTION 2913.02, 2913.03, OR 2913.04, 1,026
DIVISION (B)(1) OR (2) OF SECTION 2913.21, OR SECTION 2913.31 OR 1,027
2913.43 OF THE REVISED CODE, WHETHER COMMITTED AGAINST ONE VICTIM 1,028
OR MORE THAN ONE VICTIM, INVOLVING A VICTIM WHO IS AN ELDERLY 1,029
PERSON OR DISABLED ADULT, pursuant to a scheme or course of 1,030
conduct, ALL OF THOSE OFFENSES MAY BE TRIED AS A SINGLE OFFENSE, 1,031
AND the value of the property or services involved, for the 1,033
purpose of determining the value as required by division (A) of 1,034
this section, is the aggregate value of all property and services 1,035
involved in the series of offenses. 1,036
24
(D) The following criteria shall be used in determining 1,038
the value of property or services involved in a theft offense: 1,039
(1) The value of an heirloom, memento, collector's item, 1,041
antique, museum piece, manuscript, document, record, or other 1,042
thing that has intrinsic worth to its owner and that either is 1,044
irreplaceable or is replaceable only on the expenditure of 1,045
substantial time, effort, or money, is the amount that would 1,046
compensate the owner for its loss. 1,047
(2) The value of personal effects and household goods, and 1,049
of materials, supplies, equipment, and fixtures used in the 1,050
profession, business, trade, occupation, or avocation of its 1,051
owner, which property is not covered under division (D)(1) of 1,052
this section and which retains substantial utility for its 1,053
purpose regardless of its age or condition, is the cost of 1,054
replacing the property with new property of like kind and 1,055
quality. 1,056
(3) The value of any real or personal property that is not 1,059
covered under division (D)(1) or (2) of this section, and the 1,060
value of services, is the fair market value of the property or 1,061
services. As used in this section, "fair market value" is the 1,062
money consideration that a buyer would give and a seller would 1,063
accept for property or services, assuming that the buyer is 1,064
willing to buy and the seller is willing to sell, that both are 1,065
fully informed as to all facts material to the transaction, and 1,066
that neither is under any compulsion to act. 1,067
(E) Without limitation on the evidence that may be used to 1,069
establish the value of property or services involved in a theft 1,070
offense:
(1) When the property involved is personal property held 1,072
for sale at wholesale or retail, the price at which the property 1,073
was held for sale is prima-facie evidence of its value. 1,074
(2) When the property involved is a security or commodity 1,076
traded on an exchange, the closing price or, if there is no 1,077
closing price, the asked price, given in the latest market 1,078
25
quotation prior to the offense is prima-facie evidence of the 1,079
value of the security or commodity. 1,080
(3) When the property involved is livestock, poultry, or 1,082
raw agricultural products for which a local market price is 1,083
available, the latest local market price prior to the offense is 1,084
prima-facie evidence of the value of the livestock, poultry, or 1,085
products. 1,086
(4) When the property involved is a negotiable instrument, 1,088
the face value is prima-facie evidence of the value of the 1,089
instrument. 1,090
(5) When the property involved is a warehouse receipt, 1,092
bill of lading, pawn ticket, claim check, or other instrument 1,093
entitling the holder or bearer to receive property, the face 1,094
value or, if there is no face value, the value of the property 1,095
covered by the instrument less any payment necessary to receive 1,096
the property is prima-facie evidence of the value of the 1,097
instrument. 1,098
(6) When the property involved is a ticket of admission, 1,100
ticket for transportation, coupon, token, or other instrument 1,101
entitling the holder or bearer to receive property or services, 1,102
the face value or, if there is no face value, the value of the 1,103
property or services that may be received by the instrument is 1,105
prima-facie evidence of the value of the instrument. 1,106
(7) When the services involved are gas, electricity, 1,108
water, telephone, transportation, shipping, or other services for 1,109
which the rate is established by law, the duly established rate 1,110
is prima-facie evidence of the value of the services. 1,111
(8) When the services involved are services for which the 1,113
rate is not established by law, and the offender has been 1,114
notified prior to the offense of the rate for the services, 1,115
either in writing, orally, or by posting in a manner reasonably 1,117
calculated to come to the attention of potential offenders, the 1,118
rate contained in the notice is prima-facie evidence of the value 1,119
of the services.
26
Sec. 2913.73. IN A PROSECUTION FOR ANY ALLEGED VIOLATION 1,121
OF A PROVISION OF THIS CHAPTER, IF THE LACK OF CONSENT OF THE 1,123
VICTIM IS AN ELEMENT OF THE PROVISION THAT ALLEGEDLY WAS 1,124
VIOLATED, EVIDENCE THAT, AT THE TIME OF THE ALLEGED VIOLATION, 1,125
THE VICTIM LACKED THE CAPACITY TO GIVE CONSENT IS ADMISSIBLE TO 1,126
SHOW THAT THE VICTIM DID NOT GIVE CONSENT. 1,127
AS USED IN THIS SECTION, "LACKS THE CAPACITY TO CONSENT" 1,129
MEANS BEING IMPAIRED FOR ANY REASON TO THE EXTENT THAT THE PERSON 1,130
LACKS SUFFICIENT UNDERSTANDING OR CAPACITY TO MAKE AND CARRY OUT 1,131
REASONABLE DECISIONS CONCERNING THE PERSON OR THE PERSON'S 1,132
RESOURCES. 1,133
Section 2. That existing sections 301.27, 2913.01, 1,135
2913.02, 2913.03, 2913.04, 2913.21, 2913.31, 2913.43, and 2913.61 1,136
of the Revised Code are hereby repealed. 1,137