As Passed by the House                        1            

123rd General Assembly                                             4            

   Regular Session                              Sub. S. B. No. 2   5            

      1999-2000                                                    6            


      SENATORS CARNES-WATTS-MUMPER-OELSLAGER-JOHNSON-SPADA-        8            

 GARDNER-ARMBRUSTER-REPRESENTATIVES LOGAN-TAYLOR-MYERS-BUEHRER-    9            

 DePIERO-WILLAMOWSKI-CALLENDER-TIBERI-HOUSEHOLDER-CATES-VESPER-    10           

 FORD-BRADING-CORE-AMSTUTZ-KREBS-TERWILLEGER-BUCHY-PERZ-PADGETT-   11           

  HOLLISTER-SCHULER-JONES-GARDNER-BARRETT-BOYD-FLANNERY-HEALY-     12           

            KRUPINSKI-JACOBSON-CORBIN-BRITTON-SALERNO              13           


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend sections 1716.01, 1716.14, 1716.99, and      16           

                2913.61 of the Revised Code and to amend section   17           

                2913.61 of the Revised Code contingent on Sub.     18           

                H.B. 2 of the 123rd General Assembly becoming      19           

                law, as concurred in on June 8, 1999, and, if the               

                contingency occurs, to supersede the version of    20           

                section 2913.61 of the Revised Code as amended by               

                Sections 1 and 2 of this act to clarify that       21           

                multiple offenses of theft may be tried as a       22           

                single offense when they involve a common course   23           

                of conduct to defraud multiple victims, to modify  24           

                the law regarding prohibitions against committing  25           

                a deceptive act or practice or misleading a        26           

                person as to a material fact relative to the       27           

                solicitation of contributions for a charitable     28           

                organization, for a charitable purpose, or in                   

                response to a charitable sales promotion, to       29           

                enhance the penalty for solicitation fraud when    30           

                the victim of the offense is an elderly person or  31           

                disabled adult, and to permit in specified                      

                circumstances the aggregation of contributions     32           

                involved in solicitation fraud with other                       

                property or services obtained in a course of       33           

                                                          2      


                                                                 
                conduct involving solicitation fraud and           34           

                specified other offenses.                                       




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        36           

      Section 1.  That sections 1716.01, 1716.14, 1716.99, and     38           

2913.61 of the Revised Code be amended to read as follows:         39           

      Sec. 1716.01.  As used in this chapter:                      48           

      (A)(1)  "Charitable organization" means either of the        50           

following:                                                         51           

      (1)(a)  Any person that is determined by the internal        53           

revenue service to be a tax exempt organization pursuant to        54           

section 501(c)(3) of the Internal Revenue Code;                    55           

      (2)(b)  Any person that is or holds itself out to be         57           

established for any benevolent, philanthropic, patriotic,          58           

educational, humane, scientific, public health, environmental      59           

conservation, civic, or other eleemosynary purpose or for the      60           

benefit of law enforcement personnel, fire fighters FIREFIGHTERS,  62           

or other persons who protect the public safety, or any person who  63           

in any manner employs a charitable appeal as the basis of any      64           

solicitation or an appeal that suggests that there is a            65           

charitable purpose to any solicitation.                            66           

      (2)  "Charitable organization" is not limited to only those  68           

organizations to which contributions are tax deductible under      69           

section 170 of the Internal Revenue Code.                          70           

      "Charitable organization" does not include an employer who   72           

is not engaged in the business of soliciting contributions or      73           

conducting charitable sales promotions but who incidentally        74           

solicits contributions for a charitable organization or purpose;   75           

or a compensated employee of an employer not engaged in the        76           

business of soliciting contributions or conducting charitable      77           

sales promotions, when the employee solicits contributions or      78           

conducts charitable sales promotions at the direction of his THE   79           

EMPLOYEE'S employer.                                               80           

                                                          3      


                                                                 
      (B)(1)  "Charitable purpose" means either of the following:  82           

      (1)(a)  Any purpose described in section 501(c)(3) of the    84           

Internal Revenue Code;                                             85           

      (2)(b)  Any benevolent, philanthropic, patriotic,            87           

educational, humane, scientific, public health, environmental      88           

conservation, civic, or other eleemosynary objective or any        89           

objective that benefits law enforcement personnel, fire fighters   90           

FIREFIGHTERS, or other persons who protect the public safety.      91           

      (2)  "Charitable purpose" is not limited to only those       93           

purposes for which contributions are tax deductible under section  94           

170 of the Internal Revenue Code.                                  95           

      (C)  "Charitable sales promotion" means any advertising or   97           

sale conducted by a person who represents that the purchase or     98           

use of goods or services offered by the person will benefit, in    99           

whole or in part, any charitable organization or charitable        100          

purpose.  The provision of advertising services to a charitable    101          

organization, either for compensation or as a donation, does not   102          

of itself constitute a charitable sales promotion.                 103          

      (D)  "Commercial co-venturer" means any person who for       105          

profit regularly and primarily is engaged in trade or commerce     106          

other than in connection with soliciting for charitable            107          

organizations or charitable purposes and who conducts a            108          

charitable sales promotion.                                        109          

      (E)  "Contribution" means the promise, pledge, or grant of   111          

any money or property, financial assistance, or any other thing    112          

of value in response to a solicitation.  "Contribution" does not   113          

include any bona fide fees, or any dues or assessments paid by     114          

members, provided that membership is not conferred solely as a     115          

consideration for making a contribution in response to a           116          

solicitation.                                                      117          

      (F)  "DECEPTIVE ACT OR PRACTICE" MEANS KNOWINGLY             119          

MISREPRESENTING ANY MATERIAL FACT RELATED TO THE PLANNING,         120          

CONDUCTING, OR EXECUTING OF ANY SOLICITATION OF CONTRIBUTIONS FOR  121          

A CHARITABLE ORGANIZATION OR CHARITABLE PURPOSE OR TO THE          122          

                                                          4      


                                                                 
PLANNING, CONDUCTING, OR EXECUTING OF A CHARITABLE SALES                        

PROMOTION, WHEN THE MISREPRESENTATION INDUCES ANY PERSON TO MAKE   124          

A CONTRIBUTION TO A CHARITABLE ORGANIZATION, FOR A CHARITABLE      125          

PURPOSE, OR IN RESPONSE TO A CHARITABLE SALES PROMOTION.           126          

      (G)  "Fund-raising counsel" means any person who, for        128          

compensation, plans, manages, advises, consults, or prepares       129          

material for or with respect to the solicitation in this state of  130          

contributions for any charitable organization or at any time has   131          

custody of contributions from a solicitation, but does not         132          

solicit contributions and does not employ, procure, or otherwise   133          

engage any compensated person to solicit contributions.            134          

"Fund-raising counsel" does not include the following:             135          

      (1)  An attorney, investment counselor, or banker who in     137          

the conduct of his THE ATTORNEY'S, INVESTMENT COUNSELOR'S, OR      138          

BANKER'S profession advises a client;                              139          

      (2)  A charitable organization or a bona fide officer,       141          

employee, or volunteer of a charitable organization, when the      142          

charitable organization has full knowledge of the services being   143          

performed on its behalf and either of the following applies:       144          

      (a)  The services performed by the charitable organization,  146          

bona fide officer, employee, or volunteer are performed on behalf  147          

of the charitable organization that employs the bona fide officer  148          

or employee or engages the services of the bona fide volunteer;    149          

      (b)  The charitable organization on whose behalf the         151          

services are performed shares some element of common control or    152          

an historic or continuing relationship with the charitable         153          

organization that performs the services or employs the bona fide   154          

officer or employee or engages the services of the bona fide       155          

volunteer;                                                         156          

      (3)  An employer who is not engaged in the business of       158          

soliciting contributions or conducting charitable sales            159          

promotions but who incidentally solicits contributions for a       160          

charitable organization or purpose without compensation;           161          

      (4)  A compensated employee of an employer who is not        163          

                                                          5      


                                                                 
engaged in the business of soliciting contributions or conducting  164          

charitable sales promotions, when the employee solicits            165          

contributions or conducts charitable sales promotions at the       166          

direction of his THE EMPLOYEE'S employer.                          167          

      (G)(H)  "Internal Revenue Code" means the "Internal Revenue  169          

Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.          170          

      (H)(I)  "Person" has the same meaning as in section 1.59 of  172          

the Revised Code and includes a group, foundation, or any other    173          

entity however styled.                                             174          

      (I)(J)  "Professional solicitor" means any person who, for   176          

compensation, performs on behalf of or for the benefit of a        177          

charitable organization any service in connection with which       178          

contributions are or will be solicited in this state by the        179          

compensated person or by any person it employs, procures, or       180          

otherwise engages directly or indirectly to solicit                181          

contributions.  "Professional solicitor" does not include the      182          

following:                                                         183          

      (1)  An attorney, investment counselor, or banker who in     185          

the conduct of his THE ATTORNEY'S, INVESTMENT COUNSELOR'S, OR      186          

BANKER'S profession advises a client;                              187          

      (2)  A charitable organization or a bona fide officer,       189          

employee, or volunteer of a charitable organization, when the      190          

charitable organization has full knowledge of the services being   191          

performed on its behalf and either of the following applies:       192          

      (a)  The services performed by the charitable organization,  194          

bona fide officer, employee, or volunteer are performed on behalf  195          

of the charitable organization that employs the bona fide officer  196          

or employee or engages the services of the bona fide volunteer;    197          

      (b)  The charitable organization on whose behalf the         199          

services are performed shares some element of common control or    200          

an historic or continuing relationship with the charitable         201          

organization that performs the services or employs the bona fide   202          

officer or employee or engages the services of the bona fide       203          

volunteer;                                                         204          

                                                          6      


                                                                 
      (3)  An employer who is not engaged in the business of       206          

soliciting contributions or conducting charitable sales            207          

promotions but who incidentally solicits contributions for a       208          

charitable organization or purpose without compensation;           209          

      (4)  A compensated employee of an employer who is not        211          

engaged in the business of soliciting contributions or conducting  212          

charitable sales promotions, when the employee solicits            213          

contributions or conducts charitable sales promotions at the       214          

direction of his THE EMPLOYEE'S employer.                          215          

      (J)(K)(1)  "Solicit" or "solicitation" means to request or   217          

a request directly or indirectly for money, property, financial    218          

assistance, or any other thing of value on the plea or             219          

representation that such money, property, financial assistance,    220          

or other thing of value or a portion of it will be used for a      221          

charitable purpose or will benefit a charitable organization.      222          

"Solicit" or "solicitation" includes but is not limited to the     223          

following methods of requesting or securing the promise, pledge,   224          

or grant of money, property, financial assistance, or any other    225          

thing of value:                                                    226          

      (1)(a)  Any oral or written request;                         228          

      (2)(b)  Making any announcement to the press, on radio or    230          

television, by telephone or telegraph, or by any other             231          

communication device concerning an appeal or campaign by or for    232          

any charitable organization or for any charitable purpose;         233          

      (3)(c)  Distributing, circulating, posting, or publishing    235          

any handbill, written advertisement, or other publication that     236          

directly or by implication seeks to obtain any contribution;       237          

      (4)(d)  Selling or offering or attempting to sell any        239          

advertisement, advertising space, book, card, tag, coupon,         240          

chance, device, magazine, membership, merchandise, subscription,   241          

sponsorship, flower, ticket, admission, candy, cookies, or other   242          

tangible item, or any right of any description in connection with  243          

which an appeal is made for any charitable organization or         244          

charitable purpose, or when the name of any charitable             245          

                                                          7      


                                                                 
organization is used or referred to in any such appeal as an       246          

inducement or reason for making the sale, or when in connection    247          

with the sale or offer or attempt to sell, any statement is made   248          

that all or part of the proceeds from the sale will be used for    249          

any charitable purpose or will benefit any charitable              250          

organization.                                                      251          

      (2)  A solicitation is considered as having taken place FOR  254          

PURPOSES OF DIVISION (K)(1) OF THIS SECTION whether or not the     256          

person making the solicitation receives any contribution.  A       257          

solicitation does not occur when a person applies for a grant or   258          

an award to the government or to an organization that is exempt    259          

from federal income taxation under section 501(a) and described    260          

in section 501(c)(3) of the Internal Revenue Code.                 261          

      (L)  "THEFT OFFENSE" HAS THE SAME MEANING AS IN SECTION      263          

2913.01 OF THE REVISED CODE.                                       264          

      (M)  "ELDERLY PERSON" AND "DISABLED ADULT" HAVE THE SAME     266          

MEANINGS AS IN SECTION 2913.01 OF THE REVISED CODE.                267          

      Sec. 1716.14.  (A)  The following acts and practices are     276          

hereby prohibited and declared unlawful as applied to the          277          

planning, conducting, or executing of any solicitation of          278          

contributions for a charitable organization or charitable purpose  279          

or to the planning, conducting, or executing of a charitable       280          

sales promotion:                                                   281          

      (1)  Operating in violation of, or failing to comply with,   283          

any of the requirements of this chapter or any rule adopted under  284          

this chapter;                                                      285          

      (2)  Committing any unfair or deceptive act or practice;     287          

      (2)  MISLEADING ANY PERSON AS TO ANY MATERIAL FACT           289          

CONCERNING THE SOLICITATION OF CONTRIBUTIONS FOR A CHARITABLE      290          

ORGANIZATION OR CHARITABLE PURPOSE OR CONCERNING A CHARITABLE      291          

SALES PROMOTION;                                                                

      (3)  Using any representation that implies that the          293          

contribution is for or on behalf of a charitable organization, or  294          

using any emblem, device, or printed matter belonging to or        295          

                                                          8      


                                                                 
associated with a charitable organization, without first having    296          

been authorized in writing to do so by the charitable              297          

organization;                                                      298          

      (4)  Using a name, symbol, or statement that is so closely   300          

related or similar to that used by another charitable              301          

organization, public official, or public agency in such a manner   302          

that the use of the name, symbol, or statement tends to confuse    303          

or mislead a person being solicited for contributions, except      304          

that the name, symbol, or statement may be used if written         305          

permission is obtained from the other charitable organization,     306          

public official, or public agency and filed with the attorney      307          

general prior to any solicitation for a charitable purpose or      308          

prior to engaging in any charitable sales promotion;               309          

      (5)  Misleading any person in any manner in the belief, or   311          

misrepresenting MAKING OR USING ANY REPRESENTATION to any person   313          

THAT IMPLIES, that the organization on whose behalf a              314          

solicitation or charitable sales promotion is being conducted is   315          

a charitable organization or that the proceeds of the              316          

solicitation or charitable sales promotion will be used for a                   

charitable purpose if either of those is not the fact;             317          

      (6)  Misleading any person in any manner in the belief, or   319          

misrepesenting MAKING OR USING ANY REPRESENTATION to any person    320          

THAT IMPLIES, that any other person sponsors, endorses, or         323          

approves of the solicitation or charitable sales promotion when    324          

that other person has not given its consent in writing to that     325          

representation or to the use of its name for any of those          326          

purposes;                                                                       

      (7)  Using or exploiting the fact of registration in such a  328          

manner as to lead any person to believe that the registration in   329          

any manner constitutes an endorsement or approval by the state;    330          

      (8)  Representing directly or by implication that a          332          

charitable organization will receive a fixed or estimated          333          

percentage of the gross revenue from a solicitation campaign that  334          

is greater than that set forth in the contract filed with the      335          

                                                          9      


                                                                 
attorney general pursuant to section 1716.08 of the Revised Code,  336          

or that a charitable organization will receive an actual or        337          

estimated dollar amount or percentage per unit of goods or         338          

services purchased or used in a charitable sales promotion, that   339          

is greater than that agreed to by the commercial co-venturer and   340          

the charitable organization;                                       341          

      (9)  Filing false or misleading information in any document  343          

required to be filed with the attorney general under this          344          

chapter;                                                           345          

      (10)  Filing false or misleading information in response to  347          

a request from the attorney general under section 1716.15 of the   348          

Revised Code;                                                      349          

      (11)  Failing to provide complete and timely payment to a    351          

charitable organization of the proceeds from a solicitation        352          

campaign or a charitable sales promotion;                          353          

      (12)  OPERATING IN VIOLATION OF, OR FAILING TO COMPLY WITH,  355          

ANY OF THE REQUIREMENTS OF THIS CHAPTER OR ANY RULE ADOPTED UNDER  356          

THIS CHAPTER.                                                                   

      (B)  The act of soliciting contributions for any charitable  358          

organization or charitable purpose or engaging in a charitable     359          

sales promotion without complying with the requirements of this    360          

chapter or any rule adopted pursuant to this chapter, is a         361          

nuisance.                                                          362          

      Sec. 1716.99.  (A)  Whoever violates ANY PROVISION OF        371          

sections 1716.02 to 1716.17 of the Revised Code or any rule        372          

adopted pursuant to those sections, OTHER THAN DIVISION (A)(1) OF  373          

SECTION 1716.14 OF THE REVISED CODE, is guilty of solicitation     374          

fraud, a misdemeanor of the first degree.                          375          

      (B)  Each occurrence of a solicitation of a contribution     377          

from any person in violation of ANY PROVISION OF sections 1716.02  378          

to 1716.17 of the Revised Code or any rule adopted under those     380          

sections, OTHER THAN DIVISION (A)(1) OF SECTION 1716.14 OF THE     381          

REVISED CODE, is considered a separate offense of solicitation     382          

fraud.                                                                          

                                                          10     


                                                                 
      (B)(1)  WHOEVER VIOLATES DIVISION (A)(1) OF SECTION 1716.14  385          

OF THE REVISED CODE IS GUILTY OF SOLICITATION FRAUD AND SHALL BE                

PUNISHED AS PROVIDED IN DIVISIONS (B)(2) TO (4) OF THIS SECTION.   386          

      (2)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(4) OF      388          

THIS SECTION, DIVISION (B)(3) OF THIS SECTION APPLIES TO           389          

SOLICITATION FRAUD, AND SOLICITATION FRAUD IS ONE OF THE           390          

FOLLOWING:                                                                      

      (a)  EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (B)(2)(b) TO  393          

(d) OF THIS SECTION, A MISDEMEANOR OF THE FIRST DEGREE OR, IF THE  395          

OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO A                

THEFT OFFENSE OR A VIOLATION OF DIVISION (A)(1) OF SECTION         397          

1716.14 OF THE REVISED CODE, A FELONY OF THE FIFTH DEGREE.         398          

      (b)  IF THE VALUE OF THE CONTRIBUTION OR CONTRIBUTIONS MADE  400          

IN THE VIOLATION IS FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN     401          

FIVE THOUSAND DOLLARS, A FELONY OF THE FIFTH DEGREE OR, IF THE     403          

OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO A   404          

THEFT OFFENSE OR A VIOLATION OF DIVISION (A)(1) OF SECTION         405          

1716.14 OF THE REVISED CODE, A FELONY OF THE FOURTH DEGREE.        406          

      (c)  IF THE VALUE OF THE CONTRIBUTION OR CONTRIBUTIONS MADE  408          

IN THE VIOLATION IS FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN    409          

ONE HUNDRED THOUSAND DOLLARS, A FELONY OF THE FOURTH DEGREE OR,    411          

IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED        412          

GUILTY TO A THEFT OFFENSE OR A VIOLATION OF DIVISION (A)(1) OF     413          

SECTION 1716.14 OF THE REVISED CODE, A FELONY OF THE THIRD         414          

DEGREE.                                                                         

      (d)  IF THE VALUE OF THE CONTRIBUTION OR CONTRIBUTIONS MADE  416          

IN THE VIOLATION IS ONE HUNDRED THOUSAND DOLLARS OR MORE, A        417          

FELONY OF THE THIRD DEGREE.                                        418          

      (3)  WHEN AN OFFENDER COMMITS A SERIES OF OFFENSES IN        420          

VIOLATION OF DIVISION (A)(1) OF SECTION 1716.14 OF THE REVISED     421          

CODE AS PART OF A COMMON SCHEME OR PLAN TO DEFRAUD MULTIPLE        422          

VICTIMS, ALL OF THE OFFENSES MAY BE TRIED AS A SINGLE OFFENSE.     423          

IF THE OFFENSES ARE TRIED AS A SINGLE OFFENSE, THE VALUE OF THE    424          

CONTRIBUTIONS FOR PURPOSES OF DETERMINING THE VALUE AS REQUIRED    425          

                                                          11     


                                                                 
BY DIVISION (B)(2) OF THIS SECTION IS THE AGGREGATE VALUE OF ALL   426          

CONTRIBUTIONS INVOLVED IN ALL OFFENSES IN THE COMMON SCHEME OR     428          

PLAN TO DEFRAUD MULTIPLE VICTIMS.  IN PROSECUTING A SINGLE         429          

OFFENSE UNDER THIS DIVISION, IT IS NOT NECESSARY TO SEPARATELY     430          

ALLEGE AND PROVE EACH OFFENSE IN THE SERIES.  RATHER, IT IS        431          

SUFFICIENT TO ALLEGE AND PROVE THAT THE OFFENDER, WITHIN A GIVEN   432          

SPAN OF TIME, COMMITTED ONE OR MORE OFFENSES AS PART OF A COMMON   433          

SCHEME OR PLAN TO DEFRAUD MULTIPLE VICTIMS AS DESCRIBED IN THIS    434          

DIVISION.                                                                       

      (4)  IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR    436          

DISABLED ADULT, DIVISION (B)(4) OF THIS SECTION AND SECTION        437          

2913.61 OF THE REVISED CODE APPLY TO SOLICITATION FRAUD, AND       438          

SOLICITATION FRAUD IS ONE OF THE FOLLOWING:                                     

      (a)  EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (B)(4)(b) TO  441          

(d) OF THIS SECTION, A FELONY OF THE FIFTH DEGREE;                 442          

      (b)  IF THE VALUE OF THE CONTRIBUTIONS MADE IN THE           444          

VIOLATION IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS THAN FIVE    445          

THOUSAND DOLLARS, A FELONY OF THE FOURTH DEGREE;                   446          

      (c)  IF THE VALUE OF THE CONTRIBUTIONS MADE IN THE           448          

VIOLATION IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS THAN        449          

TWENTY-FIVE THOUSAND DOLLARS, A FELONY OF THE THIRD DEGREE;        450          

      (d)  IF THE VALUE OF THE CONTRIBUTIONS MADE IN THE           452          

VIOLATION IS TWENTY-FIVE THOUSAND DOLLARS OR MORE, A FELONY OF     453          

THE SECOND DEGREE.                                                              

      (C)  Any person who is found guilty of solicitation fraud    455          

ANY ACT OR OMISSION PROHIBITED UNDER THIS CHAPTER shall forfeit    456          

the bond described in section 1716.05 or 1716.07 of the Revised    458          

Code to the state treasury to the credit of the charitable         459          

foundations fund established under section 109.32 of the Revised   460          

Code and shall be prohibited from registering with the attorney    461          

general or from serving as a fund-raising counsel or professional  462          

solicitor in this state for a period of five years after his       463          

conviction.                                                                     

      Sec. 2913.61.  (A)  When a person is charged with a theft    472          

                                                          12     


                                                                 
offense involving property or services valued at five hundred      474          

dollars or more, a theft offense involving property or services    475          

valued at five hundred dollars or more and less than five          476          

thousand dollars, a theft offense involving property or services   477          

valued at five thousand dollars or more and less than one hundred  478          

thousand dollars, or a theft offense involving property or         479          

services valued at one hundred thousand dollars or more, the jury  480          

or court trying the accused shall determine the value of the       481          

property or services as of the time of the offense and, if a       482          

guilty verdict is returned, shall return the finding of value as   483          

part of the verdict.  In any case in which the jury or court       484          

determines that the value of the property or services at the time  485          

of the offense was five hundred dollars or more, it is             486          

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

sufficient if the finding and return is to the effect that the     487          

value of the property or services involved was five hundred        488          

dollars or more and less than five thousand dollars, was five      490          

thousand dollars or more and less than one hundred thousand        491          

dollars, or was one hundred thousand dollars or more.                           

      (B)  If more than one item of property or services is        493          

involved in a theft offense, the value of the property or          494          

services involved for the purpose of determining the value as      495          

required by division (A) of this section is the aggregate value    496          

of all property or services involved in the offense.               497          

      (C)(1)  When AN OFFENDER COMMITS a series of offenses under  499          

section 2913.02 of the Revised Code is committed by the offender   501          

in the offender's same employment, capacity, or relationship to    502          

another, all of those offenses shall be tried as a single          504          

offense, and the value of the property or services involved for    505          

the purpose of determining the value as required by division (A)   506          

of this section is the aggregate value of all property and         507          

services involved in all offenses in the series.  In prosecuting   508          

a single offense under this division, it is not necessary to       509          

separately allege and prove each offense in the series.  It is     510          

                                                          13     


                                                                 
sufficient to allege and prove that the offender, within a given   511          

span of time, committed one or more theft offenses in the          512          

offender's same employment, capacity, or relationship to another.  513          

      (2)  If an offender is being tried for the commission of     516          

COMMITS a series of offenses under section 2913.02 of the Revised  517          

Code against more than one victim pursuant to a scheme or THAT     518          

INVOLVE A COMMON course of conduct TO DEFRAUD MULTIPLE VICTIMS,    520          

ALL OF THE OFFENSES MAY BE TRIED AS A SINGLE OFFENSE, AND, IF THE               

OFFENSES ARE TRIED AS A SINGLE OFFENSE, the value of the property  522          

or services involved, for the purpose of determining the value as  523          

required by division (A) of this section, is the aggregate value   524          

of all property and services involved in the series of ALL OF THE  525          

offenses IN THE COMMON COURSE OF CONDUCT TO DEFRAUD MULTIPLE       526          

VICTIMS.                                                                        

      (3)  IN PROSECUTING A SINGLE OFFENSE UNDER DIVISION (C)(1)   528          

OR (2) OF THIS SECTION, IT IS NOT NECESSARY TO SEPARATELY ALLEGE   529          

AND PROVE EACH OFFENSE IN THE SERIES.  RATHER, IT IS SUFFICIENT    530          

TO ALLEGE AND PROVE THAT THE OFFENDER, WITHIN A GIVEN SPAN OF      531          

TIME, COMMITTED ONE OR MORE THEFT OFFENSES IN THE OFFENDER'S SAME  532          

EMPLOYMENT, CAPACITY, OR RELATIONSHIP TO ANOTHER AS DESCRIBED IN   533          

DIVISION (C)(1) OF THIS SECTION OR THAT INVOLVE A COMMON COURSE    535          

OF CONDUCT TO DEFRAUD MULTIPLE VICTIMS AS DESCRIBED IN DIVISION    536          

(C)(2) OF THIS SECTION.                                            537          

      (D)  The following criteria shall be used in determining     539          

the value of property or services involved in a theft offense:     540          

      (1)  The value of an heirloom, memento, collector's item,    542          

antique, museum piece, manuscript, document, record, or other      543          

thing that has intrinsic worth to its owner and that either is     545          

irreplaceable or is replaceable only on the expenditure of         546          

substantial time, effort, or money, is the amount that would       547          

compensate the owner for its loss.                                 548          

      (2)  The value of personal effects and household goods, and  550          

of materials, supplies, equipment, and fixtures used in the        551          

profession, business, trade, occupation, or avocation of its       552          

                                                          14     


                                                                 
owner, which property is not covered under division (D)(1) of      553          

this section and which retains substantial utility for its         554          

purpose regardless of its age or condition, is the cost of         555          

replacing the property with new property of like kind and          556          

quality.                                                           557          

      (3)  The value of any real or personal property that is not  560          

covered under division (D)(1) or (2) of this section, and the      561          

value of services, is the fair market value of the property or     562          

services.  As used in this section, "fair market value" is the     563          

money consideration that a buyer would give and a seller would     564          

accept for property or services, assuming that the buyer is        565          

willing to buy and the seller is willing to sell, that both are    566          

fully informed as to all facts material to the transaction, and    567          

that neither is under any compulsion to act.                       568          

      (E)  Without limitation on the evidence that may be used to  570          

establish the value of property or services involved in a theft    571          

offense:                                                                        

      (1)  When the property involved is personal property held    573          

for sale at wholesale or retail, the price at which the property   574          

was held for sale is prima-facie evidence of its value.            575          

      (2)  When the property involved is a security or commodity   577          

traded on an exchange, the closing price or, if there is no        578          

closing price, the asked price, given in the latest market         579          

quotation prior to the offense is prima-facie evidence of the      580          

value of the security or commodity.                                581          

      (3)  When the property involved is livestock, poultry, or    583          

raw agricultural products for which a local market price is        584          

available, the latest local market price prior to the offense is   585          

prima-facie evidence of the value of the livestock, poultry, or    586          

products.                                                          587          

      (4)  When the property involved is a negotiable instrument,  589          

the face value is prima-facie evidence of the value of the         590          

instrument.                                                        591          

      (5)  When the property involved is a warehouse receipt,      593          

                                                          15     


                                                                 
bill of lading, pawn ticket, claim check, or other instrument      594          

entitling the holder or bearer to receive property, the face       595          

value or, if there is no face value, the value of the property     596          

covered by the instrument less any payment necessary to receive    597          

the property is prima-facie evidence of the value of the           598          

instrument.                                                        599          

      (6)  When the property involved is a ticket of admission,    601          

ticket for transportation, coupon, token, or other instrument      602          

entitling the holder or bearer to receive property or services,    603          

the face value or, if there is no face value, the value of the     604          

property or services that may be received by the instrument is     606          

prima-facie evidence of the value of the instrument.               607          

      (7)  When the services involved are gas, electricity,        609          

water, telephone, transportation, shipping, or other services for  610          

which the rate is established by law, the duly established rate    611          

is prima-facie evidence of the value of the services.              612          

      (8)  When the services involved are services for which the   614          

rate is not established by law, and the offender has been          615          

notified prior to the offense of the rate for the services,        616          

either in writing, orally, or by posting in a manner reasonably    618          

calculated to come to the attention of potential offenders, the    619          

rate contained in the notice is prima-facie evidence of the value  620          

of the services.                                                                

      Section 2.  That existing sections 1716.01, 1716.14,         622          

1716.99, and 2913.61 of the Revised Code are hereby repealed.      623          

      Section 3.  Subject to Section 5 of this act, that section   625          

2913.61 of the Revised Code that results from Sub. H.B. 2 of the   626          

123rd General Assembly contingently be amended to read as          627          

follows:                                                                        

      Sec. 2913.61.  (A)  When a person is charged with a theft    629          

offense involving, OR WITH A VIOLATION OF DIVISION (A)(1) OF       631          

SECTION 1716.14 OF THE REVISED CODE INVOLVING A VICTIM WHO IS AN                

ELDERLY PERSON OR DISABLED ADULT THAT INVOLVES property or         632          

services valued at five hundred dollars or more, a theft offense   633          

                                                          16     


                                                                 
involving property or services valued at five hundred dollars or   634          

more and less than five thousand dollars, a theft offense          635          

involving property or services valued at five thousand dollars or  637          

more and less than twenty-five thousand dollars, a theft offense   638          

involving property or services valued at twenty-five thousand      639          

dollars or more and less than one hundred thousand dollars, or a   641          

theft offense involving property or services valued at one                      

hundred thousand dollars or more, the jury or court trying the     643          

accused shall determine the value of the property or services as   644          

of the time of the offense and, if a guilty verdict is returned,   645          

shall return the finding of value as part of the verdict.  In any  646          

case in which the jury or court determines that the value of the   647          

property or services at the time of the offense was five hundred   648          

dollars or more, it is unnecessary to find and return the exact    649          

value, and it is sufficient if the finding and return is to the    650          

effect that the value of the property or services involved was     651          

five hundred dollars or more and less than five thousand dollars,  653          

was five thousand dollars or more and less than twenty-five        654          

thousand dollars, was twenty-five thousand dollars or more and                  

less than one hundred thousand dollars, or was one hundred         656          

thousand dollars or more.                                                       

      (B)  If more than one item of property or services is        658          

involved in a theft offense OR IN A VIOLATION OF DIVISION (A)(1)   659          

OF SECTION 1716.14 OF THE REVISED CODE INVOLVING A VICTIM WHO IS   660          

AN ELDERLY PERSON OR DISABLED ADULT, the value of the property or  661          

services involved for the purpose of determining the value as      662          

required by division (A) of this section is the aggregate value    663          

of all property or services involved in the offense.               664          

      (C)(1)  When a series of offenses under section 2913.02 of   666          

the Revised Code, or a series of violations of, attempts to        667          

commit a violation of, conspiracies to violate, or complicity in   668          

violations of DIVISION (A)(1) OF SECTION 1716.14, section          669          

2913.02, 2913.03, or 2913.04, division (B)(1) or (2) of section    670          

2913.21, or section 2913.31 or 2913.43 of the Revised Code         671          

                                                          17     


                                                                 
involving a victim who is an elderly person or disabled adult, is  673          

committed by the offender in the offender's same employment,       674          

capacity, or relationship to another, all of those offenses shall  675          

be tried as a single offense, and the. THE value of the property   677          

or services involved IN THE SERIES OF OFFENSES for the purpose of  678          

determining the value as required by division (A) of this section  679          

is the aggregate value of all property and services involved in    680          

all offenses in the series.  In prosecuting a single offense       681          

under this division, it is not necessary to separately allege and  682          

prove each offense in the series.  It is sufficient to allege and  683          

prove that the offender, within a given span of time, committed    684          

one or more theft offenses in the offender's same employment,      685          

capacity, or relationship to another.                              686          

      (2)  If an offender is being tried for the commission of     689          

COMMITS a series of offenses under section 2913.02 of the Revised  690          

Code against more than one victim, or THAT INVOLVES A COMMON       691          

COURSE OF CONDUCT TO DEFRAUD MULTIPLE VICTIMS, ALL OF THE          692          

OFFENSES MAY BE TRIED AS A SINGLE OFFENSE.  IF AN OFFENDER IS                   

BEING TRIED FOR THE COMMISSION OF a series of violations of,       693          

attempts to commit a violation of, conspiracies to violate, or     695          

complicity in violations of DIVISION (A)(1) OF SECTION 1716.14,    696          

section 2913.02, 2913.03, or 2913.04, division (B)(1) or (2) of    697          

section 2913.21, or section 2913.31 or 2913.43 of the Revised      698          

Code, whether committed against one victim or more than one        700          

victim, involving a victim who is an elderly person or disabled    701          

adult, pursuant to a scheme or course of conduct, all of those     703          

offenses may be tried as a single offense, and.  IF THE OFFENSES   704          

ARE TRIED AS A SINGLE OFFENSE, the value of the property or        706          

services involved, for the purpose of determining the value as     707          

required by division (A) of this section, is the aggregate value   708          

of all property and services involved in the series of ALL OF THE  709          

offenses IN THE COURSE OF CONDUCT.                                              

      (3)  IN PROSECUTING A SINGLE OFFENSE UNDER DIVISION (C)(1)   711          

OR (2) OF THIS SECTION, IT IS NOT NECESSARY TO SEPARATELY ALLEGE   712          

                                                          18     


                                                                 
AND PROVE EACH OFFENSE IN THE SERIES.  RATHER, IT IS SUFFICIENT    713          

TO ALLEGE AND PROVE THAT THE OFFENDER, WITHIN A GIVEN SPAN OF      714          

TIME, COMMITTED ONE OR MORE THEFT OFFENSES IN THE OFFENDER'S SAME  715          

EMPLOYMENT, CAPACITY, OR RELATIONSHIP TO ANOTHER AS DESCRIBED IN   716          

DIVISION (C)(1) OF THIS SECTION OR THAT INVOLVE A COMMON COURSE    718          

OF CONDUCT TO DEFRAUD MULTIPLE VICTIMS OR A SCHEME OR COURSE OF                 

CONDUCT AS DESCRIBED IN DIVISION (C)(2) OF THIS SECTION.           719          

      (D)  The following criteria shall be used in determining     721          

the value of property or services involved in a theft offense:     722          

      (1)  The value of an heirloom, memento, collector's item,    724          

antique, museum piece, manuscript, document, record, or other      725          

thing that has intrinsic worth to its owner and that either is     727          

irreplaceable or is replaceable only on the expenditure of         728          

substantial time, effort, or money, is the amount that would       729          

compensate the owner for its loss.                                 730          

      (2)  The value of personal effects and household goods, and  732          

of materials, supplies, equipment, and fixtures used in the        733          

profession, business, trade, occupation, or avocation of its       734          

owner, which property is not covered under division (D)(1) of      735          

this section and which retains substantial utility for its         736          

purpose regardless of its age or condition, is the cost of         737          

replacing the property with new property of like kind and          738          

quality.                                                           739          

      (3)  The value of any real or personal property that is not  742          

covered under division (D)(1) or (2) of this section, and the      743          

value of services, is the fair market value of the property or     744          

services.  As used in this section, "fair market value" is the     745          

money consideration that a buyer would give and a seller would     746          

accept for property or services, assuming that the buyer is        747          

willing to buy and the seller is willing to sell, that both are    748          

fully informed as to all facts material to the transaction, and    749          

that neither is under any compulsion to act.                       750          

      (E)  Without limitation on the evidence that may be used to  752          

establish the value of property or services involved in a theft    753          

                                                          19     


                                                                 
offense:                                                                        

      (1)  When the property involved is personal property held    755          

for sale at wholesale or retail, the price at which the property   756          

was held for sale is prima-facie evidence of its value.            757          

      (2)  When the property involved is a security or commodity   759          

traded on an exchange, the closing price or, if there is no        760          

closing price, the asked price, given in the latest market         761          

quotation prior to the offense is prima-facie evidence of the      762          

value of the security or commodity.                                763          

      (3)  When the property involved is livestock, poultry, or    765          

raw agricultural products for which a local market price is        766          

available, the latest local market price prior to the offense is   767          

prima-facie evidence of the value of the livestock, poultry, or    768          

products.                                                          769          

      (4)  When the property involved is a negotiable instrument,  771          

the face value is prima-facie evidence of the value of the         772          

instrument.                                                        773          

      (5)  When the property involved is a warehouse receipt,      775          

bill of lading, pawn ticket, claim check, or other instrument      776          

entitling the holder or bearer to receive property, the face       777          

value or, if there is no face value, the value of the property     778          

covered by the instrument less any payment necessary to receive    779          

the property is prima-facie evidence of the value of the           780          

instrument.                                                        781          

      (6)  When the property involved is a ticket of admission,    783          

ticket for transportation, coupon, token, or other instrument      784          

entitling the holder or bearer to receive property or services,    785          

the face value or, if there is no face value, the value of the     786          

property or services that may be received by the instrument is     788          

prima-facie evidence of the value of the instrument.               789          

      (7)  When the services involved are gas, electricity,        791          

water, telephone, transportation, shipping, or other services for  792          

which the rate is established by law, the duly established rate    793          

is prima-facie evidence of the value of the services.              794          

                                                          20     


                                                                 
      (8)  When the services involved are services for which the   796          

rate is not established by law, and the offender has been          797          

notified prior to the offense of the rate for the services,        798          

either in writing, orally, or by posting in a manner reasonably    800          

calculated to come to the attention of potential offenders, the    801          

rate contained in the notice is prima-facie evidence of the value  802          

of the services.                                                                

      Section 4.  Subject to Section 5 of this act, that existing  804          

section 2913.61 of the Revised Code that results from Sub. H.B. 2  805          

of the 123rd General Assembly contingently is hereby repealed.     806          

      Section 5.  The amendments by this act adding division (M)   808          

to section 1716.01 and division (B)(4) to section 1716.99 and      809          

Sections 3 and 4 of this act are contingent on Sub. H.B. 2 of the  810          

123rd General Assembly becoming law, as concurred in on June 8,    811          

1999, pages 776-777, House Journal.  If the contingency occurs,    812          

the version of section 2913.61 of the Revised Code in Sections 3   813          

and 4 of this act that was contingent on Sub. H.B. 2 supersedes                 

the version of section 2913.61 of the Revised Code in Sections 1   814          

and 2 of this act.                                                 815