As Reported by House Criminal Justice Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 64 5
1999-2000 6
SENATORS WACHTMANN-DRAKE-WATTS-SPADA-REPRESENTATIVES 7
TAYLOR-LOGAN- WOMER BENJAMIN 8
_________________________________________________________________ 9
A B I L L
To amend sections 1349.99 and 2913.51 and to enact 11
section 1349.06 of the Revised Code to require 13
each 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
specify that it is not a defense to a charge of 19
receiving stolen property that the property was 20
obtained by means other than through the
commission of a theft offense if the property was 21
explicitly represented to the accused person as 22
being obtained through the commission of a theft 23
offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 1349.99 and 2913.51 be amended 27
and section 1349.06 of the Revised Code be enacted to read as 29
follows:
Sec. 1349.06. (A) AS USED IN THIS SECTION, "FLEA MARKET" 32
HAS THE SAME MEANING AS IN SECTION 3715.52 OF THE REVISED CODE. 35
(B)(1) EACH PERSON THAT OFFERS NEW AND UNUSED PERSONAL 38
PROPERTY FOR SALE TO THE GENERAL PUBLIC AT A FLEA MARKET OR OTHER 39
LOCATION SHALL MAINTAIN, IN ACCORDANCE WITH DIVISION (B) OF THIS 41
SECTION, A RECORD OF THE PERSON'S PURCHASES OF THAT PROPERTY. 42
FOR EACH PURCHASE TRANSACTION, THE RECORD SHALL INCLUDE AT 45
LEAST ALL OF THE FOLLOWING:
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(a) THE DATE OF THE TRANSACTION; 47
(b) THE NAME AND ADDRESS OF THE INDIVIDUAL FROM WHOM, OR 50
THE ENTITY FROM WHICH, THE PROPERTY WAS PURCHASED; 51
(c) A FULL AND ACCURATE DESCRIPTION OF THE PROPERTY 54
PURCHASED, INCLUDING ANY IDENTIFYING LETTERS OR MARKS ON THE 55
PROPERTY;
(d) THE PRICE PAID FOR THE PROPERTY. 57
(2) WITH RESPECT TO A SINGLE PURCHASE OF PROPERTY FOR FIVE 60
HUNDRED DOLLARS OR MORE, A BILL OF SALE ASSOCIATED WITH THE 61
PURCHASE THAT CONTAINS THE INFORMATION LISTED IN DIVISION (B)(1) 62
OF THIS SECTION IS SUFFICIENT TO SATISFY THE REQUIREMENTS OF THAT 64
DIVISION.
(3) THE RECORD OF EACH PURCHASE TRANSACTION SHALL BE 66
MAINTAINED FOR AT LEAST TWO YEARS. 67
(C) NO PERSON SHALL DO ANY OF THE FOLLOWING: 70
(1) KNOWINGLY FALSIFY, OBLITERATE, OR DESTROY THE RECORD 72
REQUIRED TO BE MAINTAINED BY THIS SECTION; 73
(2) KNOWINGLY REFUSE OR OTHERWISE FAIL, UPON THE REQUEST 75
OF A LAW ENFORCEMENT OFFICER, TO MAKE THE RECORD REQUIRED TO BE 76
MAINTAINED BY THIS SECTION AVAILABLE FOR INSPECTION WITHIN A 78
PERIOD OF TIME THAT IS REASONABLE UNDER THE CIRCUMSTANCES 79
SURROUNDING THE REQUEST. NOTHING IN DIVISION (C)(2) OF THIS 80
SECTION REQUIRES THAT A LAW ENFORCEMENT OFFICER BE GIVEN 81
IMMEDIATE ACCESS TO THE RECORD WITHOUT REASONABLE NOTICE. 82
(3) FAIL TO COMPLY WITH THIS SECTION. 84
(D)(1) IF THE RECORD REQUIRED TO BE MAINTAINED BY THIS 87
SECTION IS LOST, STOLEN, OR DESTROYED, AND THE CIRCUMSTANCES 88
SURROUNDING THE LOSS, THEFT, OR DESTRUCTION DO NOT CONSTITUTE A 90
VIOLATION OF DIVISION (C)(1), (2), OR (3) OF THIS SECTION, THE 91
PERSON SHALL DO BOTH OF THE FOLLOWING: 92
(a) WITHIN THIRTY DAYS AFTER THE LOSS, THEFT, OR 94
DESTRUCTION, GIVE NOTICE OF THE LOSS, THEFT, OR DESTRUCTION TO 95
THE SHERIFF OF THE COUNTY IN WHICH THE PERSON'S PRINCIPAL 96
RESIDENCE IN THIS STATE OR PRINCIPAL PLACE OF BUSINESS IN THIS 98
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STATE IS LOCATED;
(b) IMMEDIATELY BEGIN MAINTAINING A NEW RECORD AS REQUIRED 101
BY THIS SECTION.
(2) A PERSON THAT NOTIFIES THE SHERIFF IN ACCORDANCE WITH 103
DIVISION (D)(1) OF THIS SECTION IS IN COMPLIANCE WITH DIVISION 106
(B) OF THIS SECTION AS TO THE RECORD THAT WAS LOST, STOLEN, OR 107
DESTROYED AND IS A SUBJECT OF THE NOTICE.
(E) 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. 1349.99. Whoever violates section 1349.06 OR 1349.17 138
of the Revised Code is guilty of a minor misdemeanor. 140
Sec. 2913.51. (A) No person shall receive, retain, or 149
dispose of property of another knowing or having reasonable cause 151
to believe that the property has been obtained through commission 152
of a theft offense.
(B) IT IS NOT A DEFENSE TO A CHARGE OF RECEIVING STOLEN 156
PROPERTY IN VIOLATION OF THIS SECTION THAT THE PROPERTY WAS 157
OBTAINED BY MEANS OTHER THAN THROUGH THE COMMISSION OF A THEFT 158
OFFENSE IF THE PROPERTY WAS EXPLICITLY REPRESENTED TO THE ACCUSED 159
PERSON AS BEING OBTAINED THROUGH THE COMMISSION OF A THEFT 160
OFFENSE.
(C) Whoever violates this section is guilty of receiving 163
stolen property. Except as otherwise provided in this division, 165
receiving stolen property is a misdemeanor of the first degree. 166
If the value of the property involved is five hundred dollars or 167
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more and is less than five thousand dollars, if the property 168
involved is any of the property listed in section 2913.71 of the 169
Revised Code, receiving stolen property is a felony of the fifth 170
degree. If the property involved is a motor vehicle, as defined 171
in section 4501.01 of the Revised Code, if the property involved 172
is a dangerous drug, as defined in section 4729.01 of the Revised 173
Code, if the value of the property involved is five thousand 175
dollars or more and is less than one hundred thousand dollars, or 176
if the property involved is a firearm or dangerous ordnance, as 177
defined in section 2923.11 of the Revised Code, receiving stolen 178
property is a felony of the fourth degree. If the value of the 179
property involved is one hundred thousand dollars or more,
receiving stolen property is a felony of the third degree. 181
Section 2. That existing sections 1349.99 and 2913.51 of 183
the Revised Code are hereby repealed. 184
Section 3. Section 1349.06 of the Revised Code, as enacted 186
by this act, shall apply to all new and unused personal property 187
that a person on or after the effective date of this act 189
purchases for sale to the general public.