As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. 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-SENATORS LATTA-JOHNSON-OELSLAGER-CUPP-FINGERHUT 11
_________________________________________________________________ 13
A B I L L
To amend section 2913.61 of the Revised Code to 15
provide that a series of offenses an offender 17
commits under the theft in office statute in the 18
offender's same employment, capacity, or
relationship to another may be tried as a single 19
offense, and that, if the series of offenses is 20
so tried, the value of the property or services 21
for purposes of a prosecution is the aggregate 22
value of all property or services involved.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That section 2913.61 of the Revised Code be 26
amended to read as follows: 27
Sec. 2913.61. (A) When a person is charged with a theft 36
offense, or with a violation of division (A)(1) of section 38
1716.14 of the Revised Code involving a victim who is an elderly 39
person or disabled adult that involves property or services 40
valued at five hundred dollars or more, property or services 41
valued at five hundred dollars or more and less than five 43
thousand dollars, property or services valued at five thousand 45
dollars or more and less than twenty-five thousand dollars,
property or services valued at twenty-five thousand dollars or 49
more and less than one hundred thousand dollars, or property or 50
services valued at one hundred thousand dollars or more, the jury 52
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or court trying the accused shall determine the value of the 53
property or services as of the time of the offense and, if a 54
guilty verdict is returned, shall return the finding of value as 55
part of the verdict. In any case in which the jury or court 56
determines that the value of the property or services at the time 57
of the offense was five hundred dollars or more, it is 58
unnecessary to find and return the exact value, and it is
sufficient if the finding and return is to the effect that the 59
value of the property or services involved was five hundred 60
dollars or more and less than five thousand dollars, was five 62
thousand dollars or more and less than twenty-five thousand 63
dollars, was twenty-five thousand dollars or more and less than 64
one hundred thousand dollars, or was one hundred thousand dollars 65
or more.
(B) If more than one item of property or services is 67
involved in a theft offense or in a violation of division (A)(1) 68
of section 1716.14 of the Revised Code involving a victim who is 69
an elderly person or disabled adult, the value of the property or 70
services involved for the purpose of determining the value as 71
required by division (A) of this section is the aggregate value 72
of all property or services involved in the offense. 73
(C)(1) When a series of offenses under section 2913.02 of 75
the Revised Code, or a series of violations of, attempts to 76
commit a violation of, conspiracies to violate, or complicity in 77
violations of division (A)(1) of section 1716.14, section 78
2913.02, 2913.03, or 2913.04, division (B)(1) or (2) of section 79
2913.21, or section 2913.31 or 2913.43 of the Revised Code 80
involving a victim who is an elderly person or disabled adult, is 82
committed by the offender in the offender's same employment, 83
capacity, or relationship to another, all of those offenses shall 84
be tried as a single offense. The value of the property or 86
services involved in the series of offenses for the purpose of 87
determining the value as required by division (A) of this section 88
is the aggregate value of all property and services involved in 89
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all offenses in the series. 90
(2) If an offender commits a series of offenses under 92
section 2913.02 of the Revised Code that involves a common course 95
of conduct to defraud multiple victims, all of the offenses may 96
be tried as a single offense. If an offender is being tried for 97
the commission of a series of violations of, attempts to commit a 98
violation of, conspiracies to violate, or complicity in 99
violations of division (A)(1) of section 1716.14, section 100
2913.02, 2913.03, or 2913.04, division (B)(1) or (2) of section 101
2913.21, or section 2913.31 or 2913.43 of the Revised Code, 102
whether committed against one victim or more than one victim, 104
involving a victim who is an elderly person or disabled adult, 105
pursuant to a scheme or course of conduct, all of those offenses 107
may be tried as a single offense. If the offenses are tried as a 108
single offense, the value of the property or services involved 110
for the purpose of determining the value as required by division 111
(A) of this section is the aggregate value of all property and 112
services involved in all of the offenses in the course of 113
conduct.
(3) WHEN A SERIES OF TWO OR MORE OFFENSES UNDER SECTION 115
2921.41 OF THE REVISED CODE IS COMMITTED BY THE OFFENDER IN THE 116
OFFENDER'S SAME EMPLOYMENT, CAPACITY, OR RELATIONSHIP TO ANOTHER, 118
ALL OF THOSE OFFENSES MAY BE TRIED AS A SINGLE OFFENSE. IF THE 119
OFFENSES ARE TRIED AS A SINGLE OFFENSE, THE VALUE OF THE PROPERTY 120
OR SERVICES INVOLVED FOR THE PURPOSE OF DETERMINING THE VALUE AS 121
REQUIRED BY DIVISION (A) OF THIS SECTION IS THE AGGREGATE VALUE 122
OF ALL PROPERTY AND SERVICES INVOLVED IN ALL OF THE OFFENSES IN 123
THE SERIES OF TWO OR MORE OFFENSES. 124
(4) In prosecuting a single offense under division (C)(1) 126
or, (2), OR (3) of this section, it is not necessary to 128
separately allege and prove each offense in the series. Rather, 129
it is sufficient to allege and prove that the offender, within a 130
given span of time, committed one or more theft offenses OR 131
VIOLATIONS OF SECTION 2921.41 OF THE REVISED CODE in the 132
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offender's same employment, capacity, or relationship to another 133
as described in division (C)(1) OR (3) of this section, or 134
COMMITTED ONE OR MORE THEFT OFFENSES that involve a common course 136
of conduct to defraud multiple victims or a scheme or course of
conduct as described in division (C)(2) of this section. 137
(D) The following criteria shall be used in determining 139
the value of property or services involved in a theft offense: 140
(1) The value of an heirloom, memento, collector's item, 142
antique, museum piece, manuscript, document, record, or other 143
thing that has intrinsic worth to its owner and that either is 145
irreplaceable or is replaceable only on the expenditure of 146
substantial time, effort, or money, is the amount that would 147
compensate the owner for its loss. 148
(2) The value of personal effects and household goods, and 150
of materials, supplies, equipment, and fixtures used in the 151
profession, business, trade, occupation, or avocation of its 152
owner, which property is not covered under division (D)(1) of 153
this section and which retains substantial utility for its 154
purpose regardless of its age or condition, is the cost of 155
replacing the property with new property of like kind and 156
quality. 157
(3) The value of any real or personal property that is not 160
covered under division (D)(1) or (2) of this section, and the 161
value of services, is the fair market value of the property or 162
services. As used in this section, "fair market value" is the 163
money consideration that a buyer would give and a seller would 164
accept for property or services, assuming that the buyer is 165
willing to buy and the seller is willing to sell, that both are 166
fully informed as to all facts material to the transaction, and 167
that neither is under any compulsion to act. 168
(E) Without limitation on the evidence that may be used to 170
establish the value of property or services involved in a theft 171
offense:
(1) When the property involved is personal property held 173
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for sale at wholesale or retail, the price at which the property 174
was held for sale is prima-facie evidence of its value. 175
(2) When the property involved is a security or commodity 177
traded on an exchange, the closing price or, if there is no 178
closing price, the asked price, given in the latest market 179
quotation prior to the offense is prima-facie evidence of the 180
value of the security or commodity. 181
(3) When the property involved is livestock, poultry, or 183
raw agricultural products for which a local market price is 184
available, the latest local market price prior to the offense is 185
prima-facie evidence of the value of the livestock, poultry, or 186
products. 187
(4) When the property involved is a negotiable instrument, 189
the face value is prima-facie evidence of the value of the 190
instrument. 191
(5) When the property involved is a warehouse receipt, 193
bill of lading, pawn ticket, claim check, or other instrument 194
entitling the holder or bearer to receive property, the face 195
value or, if there is no face value, the value of the property 196
covered by the instrument less any payment necessary to receive 197
the property is prima-facie evidence of the value of the 198
instrument. 199
(6) When the property involved is a ticket of admission, 201
ticket for transportation, coupon, token, or other instrument 202
entitling the holder or bearer to receive property or services, 203
the face value or, if there is no face value, the value of the 204
property or services that may be received by the instrument is 206
prima-facie evidence of the value of the instrument. 207
(7) When the services involved are gas, electricity, 209
water, telephone, transportation, shipping, or other services for 210
which the rate is established by law, the duly established rate 211
is prima-facie evidence of the value of the services. 212
(8) When the services involved are services for which the 214
rate is not established by law, and the offender has been 215
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notified prior to the offense of the rate for the services, 216
either in writing, orally, or by posting in a manner reasonably 218
calculated to come to the attention of potential offenders, the 219
rate contained in the notice is prima-facie evidence of the value 220
of the services.
Section 2. That existing section 2913.61 of the Revised 222
Code is hereby repealed. 223