As Passed by the House 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 64 5
1999-2000 6
SENATORS WACHTMANN-DRAKE-WATTS-SPADA- 8
REPRESENTATIVES TAYLOR-LOGAN-WOMER BENJAMIN-BUCHY-
BRADING-PATTON-VERICH-BUEHRER-PADGETT-TERWILLEGER- 9
HOOPS-MOTTLEY-PERZ-SALERNO 10
_________________________________________________________________ 11
A B I L L
To amend sections 1349.99 and 2913.51 and to enact 13
section 1349.06 of the Revised Code to require 15
each person that offers new and unused personal 16
property for sale to the general public at a flea 17
market or other location to maintain a record of
the person's purchases of the property and to 19
specify that it is not a defense to a charge of 21
receiving stolen property that the property was 22
obtained by means other than through the
commission of a theft offense if the property was 23
explicitly represented to the accused person as 24
being obtained through the commission of a theft 25
offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 1349.99 and 2913.51 be amended 29
and section 1349.06 of the Revised Code be enacted to read as 31
follows:
Sec. 1349.06. (A) AS USED IN THIS SECTION, "FLEA MARKET" 34
HAS THE SAME MEANING AS IN SECTION 3715.52 OF THE REVISED CODE. 37
(B)(1) EACH PERSON THAT OFFERS NEW AND UNUSED PERSONAL 40
PROPERTY FOR SALE TO THE GENERAL PUBLIC AT A FLEA MARKET OR OTHER 41
LOCATION SHALL MAINTAIN, IN ACCORDANCE WITH DIVISION (B) OF THIS 43
SECTION, A RECORD OF THE PERSON'S PURCHASES OF THAT PROPERTY. 44
2
FOR EACH PURCHASE TRANSACTION, THE RECORD SHALL INCLUDE AT 47
LEAST ALL OF THE FOLLOWING:
(a) THE DATE OF THE TRANSACTION; 49
(b) THE NAME AND ADDRESS OF THE INDIVIDUAL FROM WHOM, OR 52
THE ENTITY FROM WHICH, THE PROPERTY WAS PURCHASED; 53
(c) A FULL AND ACCURATE DESCRIPTION OF THE PROPERTY 56
PURCHASED, INCLUDING ANY IDENTIFYING LETTERS OR MARKS ON THE 57
PROPERTY;
(d) THE PRICE PAID FOR THE PROPERTY. 59
(2) WITH RESPECT TO A SINGLE PURCHASE OF PROPERTY FOR FIVE 62
HUNDRED DOLLARS OR MORE, A BILL OF SALE ASSOCIATED WITH THE 63
PURCHASE THAT CONTAINS THE INFORMATION LISTED IN DIVISION (B)(1) 64
OF THIS SECTION IS SUFFICIENT TO SATISFY THE REQUIREMENTS OF THAT 66
DIVISION.
(3) THE RECORD OF EACH PURCHASE TRANSACTION SHALL BE 68
MAINTAINED FOR AT LEAST TWO YEARS. 69
(C) NO PERSON SHALL DO ANY OF THE FOLLOWING: 72
(1) KNOWINGLY FALSIFY, OBLITERATE, OR DESTROY THE RECORD 74
REQUIRED TO BE MAINTAINED BY THIS SECTION; 75
(2) KNOWINGLY REFUSE OR OTHERWISE FAIL, UPON THE REQUEST 77
OF A LAW ENFORCEMENT OFFICER, TO MAKE THE RECORD REQUIRED TO BE 78
MAINTAINED BY THIS SECTION AVAILABLE FOR INSPECTION WITHIN A 80
PERIOD OF TIME THAT IS REASONABLE UNDER THE CIRCUMSTANCES 81
SURROUNDING THE REQUEST. NOTHING IN DIVISION (C)(2) OF THIS 82
SECTION REQUIRES THAT A LAW ENFORCEMENT OFFICER BE GIVEN 83
IMMEDIATE ACCESS TO THE RECORD WITHOUT REASONABLE NOTICE. 84
(3) FAIL TO COMPLY WITH THIS SECTION. 86
(D)(1) IF THE RECORD REQUIRED TO BE MAINTAINED BY THIS 89
SECTION IS LOST, STOLEN, OR DESTROYED, AND THE CIRCUMSTANCES 90
SURROUNDING THE LOSS, THEFT, OR DESTRUCTION DO NOT CONSTITUTE A 92
VIOLATION OF DIVISION (C)(1), (2), OR (3) OF THIS SECTION, THE 93
PERSON SHALL DO BOTH OF THE FOLLOWING: 94
(a) WITHIN THIRTY DAYS AFTER THE LOSS, THEFT, OR 96
DESTRUCTION, GIVE NOTICE OF THE LOSS, THEFT, OR DESTRUCTION TO 97
3
THE SHERIFF OF THE COUNTY IN WHICH THE PERSON'S PRINCIPAL 98
RESIDENCE IN THIS STATE OR PRINCIPAL PLACE OF BUSINESS IN THIS 100
STATE IS LOCATED;
(b) IMMEDIATELY BEGIN MAINTAINING A NEW RECORD AS REQUIRED 103
BY THIS SECTION.
(2) A PERSON THAT NOTIFIES THE SHERIFF IN ACCORDANCE WITH 105
DIVISION (D)(1) OF THIS SECTION IS IN COMPLIANCE WITH DIVISION 108
(B) OF THIS SECTION AS TO THE RECORD THAT WAS LOST, STOLEN, OR 109
DESTROYED AND IS A SUBJECT OF THE NOTICE.
(E) THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING: 112
(1) THE SALE OF A MOTOR VEHICLE, TRAILER, OR SEMITRAILER 114
THAT IS REQUIRED TO BE REGISTERED UNDER CHAPTER 4503. OF THE 117
REVISED CODE OR FOR WHICH A CERTIFICATE OF TITLE IS REQUIRED 119
UNDER CHAPTER 4505. OF THE REVISED CODE; 122
(2) THE SALE OF FOOD PRODUCTS, AGRICULTURAL PRODUCTS, OR 124
FORESTRY PRODUCTS; 125
(3) ANY BUSINESS CONDUCTED AT AN INDUSTRY OR ASSOCIATION 127
TRADE SHOW; 128
(4) THE SALE OF HANDMADE OR HANDCRAFTED ITEMS BY THE 130
INDIVIDUAL WHO PRODUCED THE ITEMS. 131
Sec. 1349.99. Whoever violates section 1349.06 OR 1349.17 140
of the Revised Code is guilty of a minor misdemeanor. 142
Sec. 2913.51. (A) No person shall receive, retain, or 151
dispose of property of another knowing or having reasonable cause 153
to believe that the property has been obtained through commission 154
of a theft offense.
(B) IT IS NOT A DEFENSE TO A CHARGE OF RECEIVING STOLEN 158
PROPERTY IN VIOLATION OF THIS SECTION THAT THE PROPERTY WAS 159
OBTAINED BY MEANS OTHER THAN THROUGH THE COMMISSION OF A THEFT 160
OFFENSE IF THE PROPERTY WAS EXPLICITLY REPRESENTED TO THE ACCUSED 161
PERSON AS BEING OBTAINED THROUGH THE COMMISSION OF A THEFT 162
OFFENSE.
(C) Whoever violates this section is guilty of receiving 165
stolen property. Except as otherwise provided in this division, 167
4
receiving stolen property is a misdemeanor of the first degree. 168
If the value of the property involved is five hundred dollars or 169
more and is less than five thousand dollars, if the property 170
involved is any of the property listed in section 2913.71 of the 171
Revised Code, receiving stolen property is a felony of the fifth 172
degree. If the property involved is a motor vehicle, as defined 173
in section 4501.01 of the Revised Code, if the property involved 174
is a dangerous drug, as defined in section 4729.01 of the Revised 175
Code, if the value of the property involved is five thousand 177
dollars or more and is less than one hundred thousand dollars, or 178
if the property involved is a firearm or dangerous ordnance, as 179
defined in section 2923.11 of the Revised Code, receiving stolen 180
property is a felony of the fourth degree. If the value of the 181
property involved is one hundred thousand dollars or more,
receiving stolen property is a felony of the third degree. 183
Section 2. That existing sections 1349.99 and 2913.51 of 185
the Revised Code are hereby repealed. 186
Section 3. Section 1349.06 of the Revised Code, as enacted 188
by this act, shall apply to all new and unused personal property 189
that a person on or after the effective date of this act 191
purchases for sale to the general public.