As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                    S. B. No. 2  5            

      1999-2000                                                    6            


                         SENATOR CARNES                            8            


                                                                   10           

                           A   B I L L                                          

             To amend section 2913.61 of the Revised Code to       11           

                clarify that theft offenses committed as a part    12           

                of a common scheme or plan to defraud multiple                  

                victims may be tried as a single offense.          13           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        15           

      Section 1.  That section 2913.61 of the Revised Code be      17           

amended to read as follows:                                        18           

      Sec. 2913.61.  (A)  When a person is charged with a theft    27           

offense involving property or services valued at five hundred      29           

dollars or more, a theft offense involving property or services    30           

valued at five hundred dollars or more and less than five          31           

thousand dollars, a theft offense involving property or services   32           

valued at five thousand dollars or more and less than one hundred  33           

thousand dollars, or a theft offense involving property or         34           

services valued at one hundred thousand dollars or more, the jury  35           

or court trying the accused shall determine the value of the       36           

property or services as of the time of the offense and, if a       37           

guilty verdict is returned, shall return the finding of value as   38           

part of the verdict.  In any case in which the jury or court       39           

determines that the value of the property or services at the time  40           

of the offense was five hundred dollars or more, it is             41           

unnecessary to find and return the exact value, and it is                       

sufficient if the finding and return is to the effect that the     42           

value of the property or services involved was, five hundred       43           

dollars or more and less than five thousand dollars, was five      44           

thousand dollars or more and less than one hundred thousand        45           

                                                          2      

                                                                 
dollars, or was one hundred thousand dollars or more.                           

      (B)  Where more than one item of property or services is     47           

involved in a theft offense, the value of the property or          48           

services involved for the purpose of determining the value as      49           

required by division (A) of this section, is the aggregate value   50           

of all property or services involved in the offense.               51           

      (C)  When AN OFFENDER COMMITS a series of offenses under     53           

section 2913.02 of the Revised Code is committed by the offender   55           

in the offender's same employment, capacity, or relationship to    56           

another, all such THE offenses shall be tried as a single          58           

offense, and the value of the property or services involved for    59           

the purpose of determining the value as required by division (A)   60           

of this section, is the aggregate value of all property and        61           

services involved in all offenses in the series.  WHEN AN          62           

OFFENDER COMMITS A SERIES OF OFFENSES UNDER SECTION 2913.02 OF     63           

THE REVISED CODE AS A PART OF A COMMON SCHEME OR PLAN TO DEFRAUD   64           

MULTIPLE VICTIMS, ALL THE OFFENSES MAY BE TRIED AS A SINGLE                     

OFFENSE, AND, IF THE OFFENSES ARE TRIED AS A SINGLE OFFENSE, THE   65           

VALUE OF THE PROPERTY OR SERVICES INVOLVED FOR THE PURPOSE OF      66           

DETERMINING THE VALUE AS REQUIRED BY DIVISION (A) OF THIS SECTION  67           

IS THE AGGREGATE VALUE OF ALL PROPERTY AND SERVICES INVOLVED IN    68           

ALL OFFENSES IN THE COMMON SCHEME OR PLAN TO DEFRAUD MULTIPLE      69           

VICTIMS.  In prosecuting a single offense under this division, it  70           

is not necessary to separately allege and prove each offense in    71           

the series.  It is sufficient to allege and prove that the         73           

offender, within a given span of time, committed one or more       74           

theft offenses in the offender's same employment, capacity, or     75           

relationship to another, OR AS A PART OF A COMMON SCHEME OR PLAN   76           

TO DEFRAUD MULTIPLE VICTIMS.                                       77           

      (D)  The following criteria shall be used in determining     79           

the value of property or services involved in a theft offense:     80           

      (1)  The value of an heirloom, memento, collector's item,    82           

antique, museum piece, manuscript, document, record, or other      83           

thing that has intrinsic worth to its owner and that either is     85           

                                                          3      

                                                                 
irreplaceable or is replaceable only on the expenditure of         86           

substantial time, effort, or money, is the amount that would       87           

compensate the owner for its loss.                                 88           

      (2)  The value of personal effects and household goods, and  90           

of materials, supplies, equipment, and fixtures used in the        91           

profession, business, trade, occupation, or avocation of its       92           

owner, which property is not covered under division (D)(1) of      93           

this section and which retains substantial utility for its         94           

purpose regardless of its age or condition, is the cost of         95           

replacing the property with new property of like kind and          96           

quality.                                                           97           

      (3)  The value of any property, real or personal, not        99           

covered under division (D)(1) or (2) of this section, and the      100          

value of services, is the fair market value of the property or     101          

services.  As used in this section, "fair market value" is the     102          

money consideration that a buyer would give and a seller would     103          

accept for property or services, assuming that the buyer is        104          

willing to buy and the seller is willing to sell, that both are    105          

fully informed as to all facts material to the transaction, and    106          

that neither is under any compulsion to act.                       107          

      (E)  Without limitation on the evidence that may be used to  109          

establish the value of property or services involved in a theft    110          

offense:                                                                        

      (1)  When the property involved is personal property held    112          

for sale at wholesale or retail, the price at which the property   113          

was held for sale is prima-facie evidence of its value.            114          

      (2)  When the property involved is a security or commodity   116          

traded on an exchange, the closing price or, if there is no        117          

closing price, the asked price, given in the latest market         118          

quotation prior to the offense, is prima-facie evidence of the     119          

value of the security or commodity.                                120          

      (3)  When the property involved is livestock, poultry, or    122          

raw agricultural products for which a local market price is        123          

available, the latest local market price prior to the offense is   124          

                                                          4      

                                                                 
prima-facie evidence of the value of the livestock, poultry, or    125          

products.                                                          126          

      (4)  When the property involved is a negotiable instrument,  128          

the face value is prima-facie evidence of the value of the         129          

instrument.                                                        130          

      (5)  When the property involved is a warehouse receipt,      132          

bill of lading, pawn ticket, claim check, or other instrument      133          

entitling the holder or bearer to receive property, the face       134          

value or, if there is no face value, the value of the property     135          

covered by the instrument less any payment necessary to receive    136          

the property, is prima-facie evidence of the value of the          137          

instrument.                                                        138          

      (6)  When the property involved is a ticket of admission,    140          

ticket for transportation, coupon, token, or other instrument      141          

entitling the holder or bearer to receive property or services,    142          

the face value or, if there is no face value, the value of the     143          

property or services that may be received thereby, is prima-facie  145          

evidence of the value of the instrument.                                        

      (7)  When the services involved are gas, electricity,        147          

water, telephone, transportation, shipping, or other services for  148          

which the rate is established by law, the duly established rate    149          

is prima-facie evidence of the value of the services.              150          

      (8)  When the services involved are services for which the   152          

rate is not established by law, and the offender has been          153          

notified prior to the offense of the rate for the services,        154          

either in writing, or orally, or by posting in a manner            155          

reasonably calculated to come to the attention of potential        156          

offenders, the rate contained in the notice is prima-facie         157          

evidence of the value of the services.                             158          

      Section 2.  That existing section 2913.61 of the Revised     160          

Code is hereby repealed.                                           161