As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 64 5
1999-2000 6
SENATORS WACHTMANN-DRAKE-WATTS-SPADA 8
_________________________________________________________________ 10
A B I L L
To amend section 2913.51 and to enact section 12
1349.06 of the Revised Code to require each 13
person that offers new and unused personal 14
property for sale to the general public at a flea 15
market or other location to maintain a record of
the person's purchases of the property and to 17
make it a criminal offense to obtain or exert 18
control over property in the custody of a law
enforcement agency that is represented as stolen 19
property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That section 2913.51 be amended and section 23
1349.06 of the Revised Code be enacted to read as follows: 24
Sec. 1349.06. (A) AS USED IN THIS SECTION, "FLEA MARKET" 27
HAS THE SAME MEANING AS IN DIVISION (B)(4) OF SECTION 3715.52 OF 29
THE REVISED CODE. 30
(B)(1) EACH PERSON THAT OFFERS NEW AND UNUSED PERSONAL 33
PROPERTY FOR SALE TO THE GENERAL PUBLIC AT A FLEA MARKET OR OTHER 34
LOCATION SHALL MAINTAIN, IN ACCORDANCE WITH DIVISION (B) OF THIS 36
SECTION, A RECORD OF THE PERSON'S PURCHASES OF THAT PROPERTY. 37
(2) FOR EACH PURCHASE TRANSACTION, THE RECORD SHALL 39
INCLUDE AT LEAST ALL OF THE FOLLOWING: 40
(a) THE DATE OF THE TRANSACTION; 42
(b) THE NAME AND ADDRESS OF THE INDIVIDUAL FROM WHOM, OR 45
THE ENTITY FROM WHICH, THE PROPERTY WAS PURCHASED; 46
(c) A FULL AND ACCURATE DESCRIPTION OF THE PROPERTY 49
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PURCHASED, INCLUDING ANY IDENTIFYING LETTERS OR MARKS ON THE 50
PROPERTY;
(d) THE PRICE PAID FOR THE PROPERTY. 52
(3) WITH RESPECT TO A SINGLE PURCHASE OF PROPERTY IN THE 54
AMOUNT OF FIVE HUNDRED DOLLARS OR MORE FROM AN INDIVIDUAL OR 55
ENTITY, A BILL OF SALE ASSOCIATED WITH THE PURCHASE THAT CONTAINS 56
THE INFORMATION LISTED IN DIVISION (B)(2) OF THIS SECTION IS 57
SUFFICIENT TO SATISFY THE REQUIREMENTS OF THAT DIVISION. 59
(4) THE RECORD OF EACH PURCHASE TRANSACTION SHALL BE 61
MAINTAINED FOR AT LEAST TWO YEARS. 62
(C) A PERSON SHALL NOT DO EITHER OF THE FOLLOWING: 65
(1) KNOWINGLY FALSIFY, OBLITERATE, OR DESTROY THE RECORD 67
REQUIRED TO BE MAINTAINED BY THIS SECTION; 68
(2) KNOWINGLY REFUSE OR OTHERWISE FAIL, UPON THE REQUEST 70
OF A LAW ENFORCEMENT OFFICER, TO MAKE THE RECORD AVAILABLE FOR 71
INSPECTION WITHIN A PERIOD OF TIME THAT IS REASONABLE UNDER THE 72
CIRCUMSTANCES SURROUNDING THE REQUEST. NOTHING IN DIVISION 74
(C)(2) OF THIS SECTION SHALL BE CONSTRUED TO REQUIRE THAT A LAW 75
ENFORCEMENT OFFICER BE GIVEN IMMEDIATE ACCESS TO THE RECORD 76
WITHOUT REASONABLE NOTICE.
(D)(1) IF THE RECORD REQUIRED TO BE MAINTAINED BY THIS 79
SECTION IS LOST, STOLEN, OR DESTROYED, AND THE CIRCUMSTANCES 80
SURROUNDING THE LOSS, THEFT, OR DESTRUCTION DO NOT CONSTITUTE A 82
FAILURE TO COMPLY WITH DIVISION (C) OF THIS SECTION, THE PERSON 83
SHALL DO BOTH OF THE FOLLOWING: 84
(a) WITHIN THIRTY DAYS AFTER THE LOSS, THEFT, OR 86
DESTRUCTION, NOTIFY THE SHERIFF OF THE COUNTY IN WHICH THE 88
PERSON'S PRINCIPAL OHIO RESIDENCE OR PRINCIPAL PLACE OF BUSINESS 90
IN THIS STATE IS LOCATED;
(b) IMMEDIATELY BEGIN MAINTAINING A NEW RECORD. 93
(2) A PERSON THAT NOTIFIES THE SHERIFF IN ACCORDANCE WITH 95
DIVISION (D)(1) OF THIS SECTION SHALL BE CONSIDERED TO BE IN 97
COMPLIANCE WITH DIVISION (B) OF THIS SECTION AS TO ANY RECORD 99
THAT WAS LOST, STOLEN, OR DESTROYED.
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(E)(1) NO PERSON SHALL FAIL TO COMPLY WITH THIS SECTION. 102
(2) WHOEVER VIOLATES DIVISION (E)(1) OF THIS SECTION IS 106
GUILTY OF A MINOR MISDEMEANOR.
(F) THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING: 109
(1) THE SALE OF A MOTOR VEHICLE, TRAILER, OR SEMITRAILER 111
THAT IS REQUIRED TO BE REGISTERED UNDER CHAPTER 4503. OF THE 114
REVISED CODE OR FOR WHICH A CERTIFICATE OF TITLE IS REQUIRED 116
UNDER CHAPTER 4505. OF THE REVISED CODE; 119
(2) THE SALE OF FOOD PRODUCTS, AGRICULTURAL PRODUCTS, OR 121
FORESTRY PRODUCTS; 122
(3) ANY BUSINESS CONDUCTED AT AN INDUSTRY OR ASSOCIATION 124
TRADE SHOW; 125
(4) THE SALE OF HANDMADE OR HANDCRAFTED ITEMS BY THE 127
INDIVIDUAL WHO PRODUCED THE ITEMS. 128
Sec. 2913.51. (A)(1) No person shall receive, retain, or 137
dispose of property of another knowing or having reasonable cause 139
to believe that the property has been obtained through commission 140
of a theft offense.
(2) NO PERSON SHALL OBTAIN OR EXERT CONTROL OVER PROPERTY 142
IN THE CUSTODY OF ANY LAW ENFORCEMENT AGENCY THAT IS EXPLICITLY 143
REPRESENTED TO THAT PERSON BY ANY LAW ENFORCEMENT OFFICER OR ANY 144
INDIVIDUAL ACTING ON BEHALF OF A LAW ENFORCEMENT AGENCY AS BEING 145
STOLEN.
(B) Whoever violates this section is guilty of receiving 147
stolen property. Except as otherwise provided in this division, 149
receiving stolen property is a misdemeanor of the first degree. 150
If the value of the property involved is five hundred dollars or 151
more and is less than five thousand dollars, if the property 152
involved is any of the property listed in section 2913.71 of the 153
Revised Code, receiving stolen property is a felony of the fifth 154
degree. If the property involved is a motor vehicle, as defined 155
in section 4501.01 of the Revised Code, if the property involved 156
is a dangerous drug, as defined in section 4729.01 of the Revised 157
Code, if the value of the property involved is five thousand 159
4
dollars or more and is less than one hundred thousand dollars, or 160
if the property involved is a firearm or dangerous ordnance, as 161
defined in section 2923.11 of the Revised Code, receiving stolen 162
property is a felony of the fourth degree. If the value of the 163
property involved is one hundred thousand dollars or more,
receiving stolen property is a felony of the third degree. 165
Section 2. That existing section 2913.51 of the Revised 167
Code is hereby repealed. 168
Section 3. Section 1349.06 of the Revised Code, as enacted 170
by this act, shall apply to all new and unused personal property 171
that is purchased on or after the effective date of this act. 173