As Reported by the Senate Economic Development, Technology 1
and Aerospace Committee 2
123rd General Assembly 5
Regular Session Sub. S. B. No. 64 6
1999-2000 7
SENATORS WACHTMANN-DRAKE-WATTS-SPADA 9
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A B I L L
To amend section 2913.51 and to enact section 13
1349.06 of the Revised Code to require each 14
person that offers new and unused personal 15
property for sale to the general public at a flea 16
market or other location to maintain a record of
the person's purchases of the property and to 18
make it a criminal offense to obtain or exert 19
control over property in the custody of a law
enforcement agency that is represented as stolen 20
property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That section 2913.51 be amended and section 24
1349.06 of the Revised Code be enacted to read as follows: 25
Sec. 1349.06. (A) AS USED IN THIS SECTION, "FLEA MARKET" 28
HAS THE SAME MEANING AS IN DIVISION (B)(4) OF SECTION 3715.52 OF 30
THE REVISED CODE. 31
(B)(1) EACH PERSON THAT OFFERS NEW AND UNUSED PERSONAL 34
PROPERTY FOR SALE TO THE GENERAL PUBLIC AT A FLEA MARKET OR OTHER 35
LOCATION SHALL MAINTAIN, IN ACCORDANCE WITH DIVISION (B) OF THIS 37
SECTION, A RECORD OF THE PERSON'S PURCHASES OF THAT PROPERTY. 38
(2) FOR EACH PURCHASE TRANSACTION, THE RECORD SHALL 40
INCLUDE AT LEAST ALL OF THE FOLLOWING: 41
(a) THE DATE OF THE TRANSACTION; 43
(b) THE NAME AND ADDRESS OF THE INDIVIDUAL FROM WHOM, OR 46
THE ENTITY FROM WHICH, THE PROPERTY WAS PURCHASED; 47
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(c) A FULL AND ACCURATE DESCRIPTION OF THE PROPERTY 50
PURCHASED, INCLUDING ANY IDENTIFYING LETTERS OR MARKS ON THE 51
PROPERTY;
(d) THE PRICE PAID FOR THE PROPERTY. 53
(3) WITH RESPECT TO A SINGLE PURCHASE OF PROPERTY IN THE 55
AMOUNT OF FIVE HUNDRED DOLLARS OR MORE FROM AN INDIVIDUAL OR 56
ENTITY, A BILL OF SALE ASSOCIATED WITH THE PURCHASE THAT CONTAINS 57
THE INFORMATION LISTED IN DIVISION (B)(2) OF THIS SECTION IS 58
SUFFICIENT TO SATISFY THE REQUIREMENTS OF THAT DIVISION. 60
(4) THE RECORD OF EACH PURCHASE TRANSACTION SHALL BE 62
MAINTAINED FOR AT LEAST TWO YEARS. 63
(C) A PERSON SHALL NOT DO EITHER OF THE FOLLOWING: 66
(1) KNOWINGLY FALSIFY, OBLITERATE, OR DESTROY THE RECORD 68
REQUIRED TO BE MAINTAINED BY THIS SECTION; 69
(2) KNOWINGLY REFUSE OR OTHERWISE FAIL, UPON THE REQUEST 71
OF A LAW ENFORCEMENT OFFICER, TO MAKE THE RECORD AVAILABLE FOR 72
INSPECTION WITHIN A PERIOD OF TIME THAT IS REASONABLE UNDER THE 73
CIRCUMSTANCES SURROUNDING THE REQUEST. NOTHING IN DIVISION 75
(C)(2) OF THIS SECTION SHALL BE CONSTRUED TO REQUIRE THAT A LAW 76
ENFORCEMENT OFFICER BE GIVEN IMMEDIATE ACCESS TO THE RECORD 77
WITHOUT REASONABLE NOTICE.
(D)(1) IF THE RECORD REQUIRED TO BE MAINTAINED BY THIS 80
SECTION IS LOST, STOLEN, OR DESTROYED, AND THE CIRCUMSTANCES 81
SURROUNDING THE LOSS, THEFT, OR DESTRUCTION DO NOT CONSTITUTE A 83
FAILURE TO COMPLY WITH DIVISION (C) OF THIS SECTION, THE PERSON 84
SHALL DO BOTH OF THE FOLLOWING: 85
(a) WITHIN THIRTY DAYS AFTER THE LOSS, THEFT, OR 87
DESTRUCTION, NOTIFY THE SHERIFF OF THE COUNTY IN WHICH THE 89
PERSON'S PRINCIPAL OHIO RESIDENCE OR PRINCIPAL PLACE OF BUSINESS 91
IN THIS STATE IS LOCATED;
(b) IMMEDIATELY BEGIN MAINTAINING A NEW RECORD. 94
(2) A PERSON THAT NOTIFIES THE SHERIFF IN ACCORDANCE WITH 96
DIVISION (D)(1) OF THIS SECTION SHALL BE CONSIDERED TO BE IN 98
COMPLIANCE WITH DIVISION (B) OF THIS SECTION AS TO ANY RECORD 100
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THAT WAS LOST, STOLEN, OR DESTROYED.
(E)(1) NO PERSON SHALL FAIL TO COMPLY WITH THIS SECTION. 103
(2) WHOEVER VIOLATES DIVISION (E)(1) OF THIS SECTION IS 107
GUILTY OF A MINOR MISDEMEANOR.
(F) THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING: 110
(1) THE SALE OF A MOTOR VEHICLE, TRAILER, OR SEMITRAILER 112
THAT IS REQUIRED TO BE REGISTERED UNDER CHAPTER 4503. OF THE 115
REVISED CODE OR FOR WHICH A CERTIFICATE OF TITLE IS REQUIRED 117
UNDER CHAPTER 4505. OF THE REVISED CODE; 120
(2) THE SALE OF FOOD PRODUCTS, AGRICULTURAL PRODUCTS, OR 122
FORESTRY PRODUCTS; 123
(3) ANY BUSINESS CONDUCTED AT AN INDUSTRY OR ASSOCIATION 125
TRADE SHOW; 126
(4) THE SALE OF HANDMADE OR HANDCRAFTED ITEMS BY THE 128
INDIVIDUAL WHO PRODUCED THE ITEMS. 129
Sec. 2913.51. (A)(1) No person shall receive, retain, or 138
dispose of property of another knowing or having reasonable cause 140
to believe that the property has been obtained through commission 141
of a theft offense.
(2) NO PERSON SHALL OBTAIN OR EXERT CONTROL OVER PROPERTY 143
IN THE CUSTODY OF ANY LAW ENFORCEMENT AGENCY THAT IS EXPLICITLY 144
REPRESENTED TO THAT PERSON BY ANY LAW ENFORCEMENT OFFICER OR ANY 145
INDIVIDUAL ACTING ON BEHALF OF A LAW ENFORCEMENT AGENCY AS BEING 146
STOLEN.
(B) Whoever violates this section is guilty of receiving 148
stolen property. Except as otherwise provided in this division, 150
receiving stolen property is a misdemeanor of the first degree. 151
If the value of the property involved is five hundred dollars or 152
more and is less than five thousand dollars, if the property 153
involved is any of the property listed in section 2913.71 of the 154
Revised Code, receiving stolen property is a felony of the fifth 155
degree. If the property involved is a motor vehicle, as defined 156
in section 4501.01 of the Revised Code, if the property involved 157
is a dangerous drug, as defined in section 4729.01 of the Revised 158
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Code, if the value of the property involved is five thousand 160
dollars or more and is less than one hundred thousand dollars, or 161
if the property involved is a firearm or dangerous ordnance, as 162
defined in section 2923.11 of the Revised Code, receiving stolen 163
property is a felony of the fourth degree. If the value of the 164
property involved is one hundred thousand dollars or more,
receiving stolen property is a felony of the third degree. 166
Section 2. That existing section 2913.51 of the Revised 168
Code is hereby repealed. 169
Section 3. Section 1349.06 of the Revised Code, as enacted 171
by this act, shall apply to all new and unused personal property 172
that is purchased on or after the effective date of this act. 174