As Passed by the House 1
123rd General Assembly 4
Regular Session Am. H. B. No. 364 5
1999-2000 6
REPRESENTATIVES GOODMAN-TIBERI-PETERSON-O'BRIEN-PATTON-TAYLOR- 8
BENDER-TRAKAS-CLANCY-FLANNERY-ALLEN-VERICH-WILLAMOWSKI- 9
METZGER-HARRIS-EVANS-BRADING-MYERS-SALERNO-BUCHY-MEAD- 10
OLMAN-WIDENER 11
_________________________________________________________________ 12
A B I L L
To amend section 2921.41 of the Revised Code to 14
increase the penalty for theft in office in all 15
cases to a felony of the third degree.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 2921.41 of the Revised Code be 19
amended to read as follows: 20
Sec. 2921.41. (A) No public official or party official 29
shall commit any theft offense, as defined in division (K) of 30
section 2913.01 of the Revised Code, when either of the following 31
applies: 32
(1) The offender uses the offender's office in aid of 34
committing the offense or permits or assents to its use in aid of 35
committing the offense; 36
(2) The property or service involved is owned by this 38
state, any other state, the United States, a county, a municipal 39
corporation, a township, or any political subdivision, 40
department, or agency of any of them, is owned by a political 41
party, or is part of a political campaign fund. 42
(B) Whoever violates this section is guilty of theft in 44
office. Except as otherwise provided in this division, theft in 45
office is a felony of the fifth degree. If the value of property 47
or services stolen is five hundred dollars or more and is less 48
than five thousand dollars, theft in office is a felony of the 49
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fourth degree. If the value of property or services stolen is 50
five thousand dollars or more,theft in office is, a felony of the 51
third degree. 52
(C)(1) A public official or party official who is 54
convicted of or pleads guilty to theft in office is forever 55
disqualified from holding any public office, employment, or 56
position of trust in this state. 57
(2)(a) A court that imposes sentence for a violation of 59
this section based on conduct described in division (A)(2) of 60
this section shall require the public official or party official 61
who is convicted of or pleads guilty to the offense to make 62
restitution for all of the property or the service that is the 63
subject of the offense, in addition to the term of imprisonment 64
and any fine imposed. A court that imposes sentence for a 65
violation of this section based on conduct described in division 66
(A)(1) of this section and that determines at trial that this 67
state or a political subdivision of this state if the offender is 68
a public official, or a political party in the United States or 69
this state if the offender is a party official, suffered actual 70
loss as a result of the offense shall require the offender to 71
make restitution to the state, political subdivision, or 72
political party for all of the actual loss experienced, in 73
addition to the term of imprisonment and any fine imposed. 74
(b)(i) In any case in which a sentencing court is required 76
to order restitution under division (C)(2)(a) of this section and 77
in which the offender, at the time of the commission of the 78
offense or at any other time, was a member of the public 79
employees retirement system, the Ohio police fire and pension 81
fund, the state teachers retirement system, the school employees 82
retirement system, or the state highway patrol retirement system; 83
was an electing employee, as defined in section 3305.01 of the 85
Revised Code, participating in an alternative retirement plan
provided pursuant to Chapter 3305. of the Revised Code; was a 87
participating employee or continuing member, as defined in 89
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section 145.71 of the Revised Code, in a deferred compensation 90
program offered by the Ohio public employees deferred 91
compensation board; was an officer or employee of a municipal 93
corporation who was a participant in a deferred compensation 94
program offered by that municipal corporation; was an officer or 96
employee of a government unit, as defined in section 145.74 of 97
the Revised Code, who was a participant in a deferred
compensation program offered by that government unit,; or was a 98
participating employee, continuing member, or participant in any 99
deferred compensation program described in this division and a 100
member of a retirement system specified in this division or a 101
retirement system of a municipal corporation, the entity to which 102
restitution is to be made may file a motion with the sentencing 103
court specifying any retirement system, any entity providing any 104
benefit under an alternative retirement plan, and any deferred 105
compensation program of which the offender was a member, electing 106
employee, participating employee, continuing member, or 107
participant and requesting the court to issue an order requiring 108
the specified retirement system, the specified entity providing 109
the benefit under the alternative retirement plan, or the 110
specified deferred compensation program, or, if more than one is 111
specified in the motion, the applicable combination of these, to 112
withhold the amount required as restitution from any payment that 114
is to be made under a pension, annuity, or allowance, under a 115
participant account, as defined in section 145.71 of the Revised 116
Code, or under any other type of benefit, other than a 117
survivorship benefit, that has been or is in the future granted 118
to the offender, from any payment of accumulated employee 119
contributions standing to the offender's credit with that 120
retirement system, that entity providing the payment under the 121
alternative retirement plan, or that deferred compensation
program, or, if more than one is specified in the motion, the 123
applicable combination of these, and from any payment of any 125
other amounts to be paid to the offender upon the offender's
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withdrawal of the offender's contributions pursuant to Chapter 126
145., 742., 3307., 3309., or 5505. of the Revised Code. A motion 127
described in this division may be filed at any time subsequent to 128
the conviction of the offender or entry of a guilty plea. Upon 129
the filing of the motion, the clerk of the court in which the 130
motion is filed shall notify the offender, the specified 131
retirement system, the specified entity providing the benefit 132
under the alternative retirement plan, or the specified deferred 133
compensation program, or, if more than one is specified in the 134
motion, the applicable combination of these, in writing, of all 136
of the following: that the motion was filed; that the offender 137
will be granted a hearing on the issuance of the requested order 138
if the offender files a written request for a hearing with the 139
clerk prior to the expiration of thirty days after the offender 140
receives the notice; that, if a hearing is requested, the court 141
will schedule a hearing as soon as possible and notify the 142
offender, any specified retirement system, any specified entity 143
providing any benefit under an alternative retirement plan, and 144
any specified deferred compensation program of the date, time, 145
and place of the hearing; that, if a hearing is conducted, it 146
will be limited only to a consideration of whether the offender 147
can show good cause why the requested order should not be issued; 148
that, if a hearing is conducted, the court will not issue the 149
requested order if the court determines, based on evidence 150
presented at the hearing by the offender, that there is good 151
cause for the requested order not to be issued; that the court 152
will issue the requested order if a hearing is not requested or 153
if a hearing is conducted but the court does not determine, based 154
on evidence presented at the hearing by the offender, that there 155
is good cause for the requested order not to be issued; and that, 156
if the requested order is issued, any retirement system, any 157
entity providing any benefit under an alternative retirement 158
plan, and any deferred compensation program specified in the 159
motion will be required to withhold the amount required as 160
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restitution from payments to the offender. 161
(ii) In any case in which a sentencing court is required 163
to order restitution under division (C)(2)(a) of this section and 164
in which a motion requesting the issuance of a withholding order 165
as described in division (C)(2)(b)(i) of this section is filed, 166
the offender may receive a hearing on the motion by delivering a 167
written request for a hearing to the court prior to the 168
expiration of thirty days after the offender's receipt of the 169
notice provided pursuant to division (C)(2)(b)(i) of this 170
section. If a request for a hearing is made by the offender 171
within the prescribed time, the court shall schedule a hearing as 172
soon as possible after the request is made and shall notify the 173
offender, the specified retirement system, the specified entity 174
providing the benefit under the alternative retirement plan, or 175
the specified deferred compensation program, or, if more than one 177
is specified in the motion, the applicable combination of these, 179
of the date, time, and place of the hearing. A hearing scheduled 180
under this division shall be limited to a consideration of 181
whether there is good cause, based on evidence presented by the 182
offender, for the requested order not to be issued. If the court 183
determines, based on evidence presented by the offender, that 184
there is good cause for the order not to be issued, the court 185
shall deny the motion and shall not issue the requested order. 186
If the offender does not request a hearing within the prescribed 187
time or if the court conducts a hearing but does not determine, 188
based on evidence presented by the offender, that there is good 189
cause for the order not to be issued, the court shall order the 190
specified retirement system, the specified entity providing the 191
benefit under the alternative retirement plan, or the specified 192
deferred compensation program, or, if more than one is specified 193
in the motion, the applicable combination of these, to withhold 195
the amount required as restitution under division (C)(2)(a) of 196
this section from any payments to be made under a pension, 197
annuity, or allowance, under a participant account, as defined in 198
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section 145.71 of the Revised Code, or under any other type of 199
benefit, other than a survivorship benefit, that has been or is 200
in the future granted to the offender, from any payment of 201
accumulated employee contributions standing to the offender's 202
credit with that retirement system, that entity providing the 203
benefit under the alternative retirement plan, or that deferred 204
compensation program, or, if more than one is specified in the 205
motion, the applicable combination of these, and from any payment 207
of any other amounts to be paid to the offender upon the 208
offender's withdrawal of the offender's contributions pursuant to 209
Chapter 145., 742., 3307., 3309., or 5505. of the Revised Code, 210
and to continue the withholding for that purpose, in accordance 211
with the order, out of each payment to be made on or after the 212
date of issuance of the order, until further order of the court. 213
Upon receipt of an order issued under this division, the public 214
employees retirement system, the Ohio police and fire pension 215
fund, the state teachers retirement system, the school employees 216
retirement system, the state highway patrol retirement system, a 217
municipal corporation retirement system, the entity providing the 218
benefit under the alternative retirement plan, and the deferred 219
compensation program offered by the Ohio public employees 220
deferred compensation board, a municipal corporation, or a 221
government unit, as defined in section 145.74 of the Revised 222
Code, whichever are applicable, shall withhold the amount 223
required as restitution, in accordance with the order, from any 224
such payments and immediately shall forward the amount withheld 225
to the clerk of the court in which the order was issued for 226
payment to the entity to which restitution is to be made. 227
(iii) Service of a notice required by division 229
(C)(2)(b)(i) or (ii) of this section shall be effected in the 230
same manner as provided in the Rules of Civil Procedure for the 231
service of process. 232
(D) Upon the filing of charges against a person under this 234
section, the prosecutor, as defined in section 2935.01 of the 235
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Revised Code, who is assigned the case shall send written notice 236
that charges have been filed against that person to the public 237
employees retirement system, the Ohio police and fire pension 239
fund, the state teachers retirement system, the school employees 240
retirement system, the state highway patrol retirement system, 241
the entity providing any benefit under an alternative retirement 242
plan, any municipal corporation retirement system in this state, 243
and the deferred compensation program offered by the Ohio public 244
employees deferred compensation board, a municipal corporation, 245
or a government unit, as defined in section 145.74 of the Revised 246
Code. The written notice shall specifically identify the person 247
charged.
Section 2. That existing section 2921.41 of the Revised 249
Code is hereby repealed. 250