| Section 1. That sections 9.92, 109.85, 309.08, 311.07, | 22 |
| 1506.35, 2152.20, 2901.01, 2909.08, 2913.34, 2913,421, 2923.01, | 23 |
| 2923.31, 2923.32, 2923.34, 2923.36, 2923.41, 2923.42, 2923.44, | 24 |
| 2925.03, 2925.14, 2925.42, 2927.02, 2929.18, 2930.11, 2933.75, | 25 |
| 2935.03, 2945.44, 3719.11, 3719.141, 3719.21, 3729.13, 3743.68, | 26 |
| 3745.13, 4301.29, 4301.45, 4301.53, 4305.13, 4503.233, 4503.234, | 27 |
| 4510.41, 4511.195, 4549.62, 4549.63, 4728.04, 4729.65, 5735.121, | 28 |
| 5739.15, 5743.082, and 5743.112 be amended and sections 2941.1417, | 29 |
| 2981.01, 2981.02, 2981.03, 2981.04, 2981.05, 2981.06, 2981.07, | 30 |
| 2981.08, 2981.09, 2981.11, 2981.12, 2981.13, and 2981.14 of the | 31 |
| Revised Code be enacted to read as follows: | 32 |
| (B) A citizens' reward program may apply to the board of | 47 |
|
county commissioners of any county or counties in which it | 48 |
|
operates for recognition as the official reward program for that | 49 |
|
county or counties. Upon receipt of the application, the board
of | 50 |
|
county commissioners shall determine if it is in proper order
and | 51 |
|
the information it contains is correct. If the application
meets | 52 |
|
these criteria, the board, by resolution, may officially
recognize | 53 |
|
the program. Recognition of a program by a county
under this | 54 |
|
division qualifies the program for funding of its
reward fund | 55 |
under division (E)(2)(F) of section 2933.412981.12 of the | 56 |
|
Revised Code. No
more than one such reward program shall be | 57 |
|
recognized in any
county. | 58 |
| (C)(1) If a board of county commissioners enters into an | 59 |
|
agreement of affiliation with a citizens' reward program pursuant | 60 |
|
to division (D) of this section, any municipal court, county | 61 |
| court, or court of common pleas within the county shall
impose the | 62 |
| sum of one dollar as costs in any case in which a
person is | 63 |
| convicted of or pleads guilty to any offense other than
a traffic | 64 |
| offense. This one dollar
additional court costs is in addition to | 65 |
| any other court costs
that the court is required by law to impose | 66 |
| upon the offender, and, the court
shall impose the one dollar | 67 |
| additional court costs as long as the agreement of
affiliation | 68 |
| remains in effect, but the court, in the court's discretion, may | 69 |
| remit this one dollar additional court costs to the offender. The | 70 |
| clerk of
each court shall transmit all such moneys collected | 71 |
| during a month
on or before the twentieth day of the following | 72 |
| month to the
affiliated citizens' reward program. | 73 |
| (B) When it appears to the attorney general, as a result
of | 141 |
|
an investigation under division (A) of this section, that
there is | 142 |
|
cause to prosecute for the commission of a crime or to
pursue a | 143 |
|
civil remedy, the attorney general may refer the
evidence to the | 144 |
|
prosecuting attorney having jurisdiction of the matter, or to a | 145 |
|
regular grand jury drawn and impaneled pursuant to sections | 146 |
|
2939.01 to 2939.24 of the Revised Code, or to a special grand
jury | 147 |
|
drawn and impaneled pursuant to section 2939.17 of the
Revised | 148 |
|
Code, or the attorney general may initiate and
prosecute any | 149 |
|
necessary
criminal or civil actions in any court or tribunal of | 150 |
|
competent
jurisdiction in this state. When proceeding under this | 151 |
|
section,
the attorney general, and any assistant or special | 152 |
|
counsel
designated by the attorney general for that purpose, have | 153 |
|
all rights, privileges,
and powers of prosecuting attorneys. The | 154 |
|
attorney general shall
have exclusive supervision and control of | 155 |
|
all investigations and
prosecutions initiated by the attorney | 156 |
general
under this section. The forfeiture
provisions of sections | 157 |
2933.71 to 2933.75Chapter 2981. of the Revised Code
apply in | 158 |
| relation to any
such criminal action initiated and
prosecuted by | 159 |
| the attorney
general. | 160 |
| Sec. 309.08. (A) The prosecuting attorney may inquire
into | 169 |
| the commission of crimes within the county. The prosecuting | 170 |
|
attorney shall prosecute, on behalf of the state, all complaints, | 171 |
|
suits, and controversies in which the state is a party, except
for | 172 |
| those required to be prosecuted by a special prosecutor
pursuant | 173 |
| to section 177.03 of the Revised Code or by the attorney
general | 174 |
| pursuant to section 109.83 of the Revised Code, and
other suits, | 175 |
| matters, and controversies that the prosecuting
attorney is | 176 |
| required to
prosecute within or outside the county, in the probate | 177 |
| court,
court of common pleas, and court of appeals. In conjunction | 178 |
| with
the attorney general, the prosecuting attorney shall | 179 |
| prosecute
in the supreme court cases arising in
the prosecuting | 180 |
| attorney's county, except for
those cases required to be | 181 |
| prosecuted by a special prosecutor
pursuant to section 177.03 of | 182 |
| the Revised Code or by the attorney
general pursuant to section | 183 |
| 109.83 of the Revised Code. | 184 |
| (B) The prosecuting attorney may pay a reward to a person
who | 198 |
| has volunteered any tip or information to a law enforcement
agency | 199 |
| in the county concerning a drug-related offense that is
planned to | 200 |
| occur, is occurring, or has occurred, in whole or in
part, in the | 201 |
| county. The prosecuting attorney may provide for
the payment, out | 202 |
| of the following sources, of rewards to a person
who has | 203 |
| volunteered tips and information to a law enforcement
agency in | 204 |
| the county concerning a drug-related offense that is
planned to | 205 |
| occur, is occurring, or has occurred, in whole or in
part, in the | 206 |
| county: | 207 |
| Sec. 311.07. (A) Each sheriff shall preserve the public | 232 |
|
peace and cause all persons guilty of any breach of the peace, | 233 |
|
within the sheriff's knowledge or view, to enter into
recognizance | 234 |
| with
sureties to keep the peace and to appear at the succeeding | 235 |
| term
of the court of common pleas, and the sheriff shall commit | 236 |
| such
persons to jail in case they refuse to do so. The sheriff | 237 |
|
shall return a
transcript of all the sheriff's proceedings with | 238 |
| the
recognizance so taken
to such court. The sheriff shall, except | 239 |
| as provided in
division (C) of
this section, execute all warrants, | 240 |
| writs, and other process
directed to the sheriff by any proper and | 241 |
| lawful authority
of this state,
and those issued by a proper and | 242 |
| lawful authority of any other
state. The sheriff shall attend upon | 243 |
| the court of common
pleas and the
court of appeals during their | 244 |
| sessions, and, when required, shall
attend upon the probate court. | 245 |
| In the execution of official
duties
of the sheriff, the sheriff | 246 |
| may call to
the sheriff's aid such persons or
power of the county | 247 |
| as is necessary. Under the direction and
control of the board of | 248 |
| county commissioners, such sheriff shall
have charge of the court | 249 |
| house. A sheriff or deputy sheriff of a
county may participate, as | 250 |
| the director of an organized crime
task force established under | 251 |
| section 177.02 of the Revised Code
or as a member of the | 252 |
| investigatory staff of such a task force,
in an investigation of | 253 |
| organized criminal activity in any county
or counties in this | 254 |
| state under sections 177.01 to 177.03 of the
Revised Code. | 255 |
| (B) The sheriff of a county may call upon the sheriff of
any | 256 |
| other county, the mayor or other chief executive
of any municipal | 257 |
| corporation,
and the chairperson of the board of township trustees | 258 |
|
of any township within this state, to furnish
such law enforcement | 259 |
| or fire protection personnel, or both,
together with appropriate | 260 |
| equipment and apparatus, as may be
necessary to preserve the | 261 |
| public peace and protect persons and
property in the requesting | 262 |
| sheriff's county. Such aid shall be furnished to
the
sheriff | 263 |
| requesting it, insofar as possible without withdrawing
from the | 264 |
| political subdivision furnishing such aid the minimum
police and | 265 |
| fire protection appearing necessary under the
circumstances. Law | 266 |
| enforcement and fire
protection
personnel acting outside the | 267 |
| territory of their regular
employment shall be considered as | 268 |
| performing services within the
territory of their regular | 269 |
| employment for the purposes of
compensation, pension or indemnity | 270 |
| fund rights, workers'
compensation, and other rights or benefits | 271 |
| to which they may be
entitled as incidents of their regular | 272 |
| employment. The county
receiving aid shall reimburse, as provided | 273 |
| in this
section, the political subdivision
furnishing it the cost | 274 |
| of furnishing such aid, including
compensation of personnel, | 275 |
| expenses incurred by reason of the
injury or death of any such | 276 |
| personnel while rendering such aid,
expenses of furnishing | 277 |
| equipment and apparatus, compensation for
damage to or loss of | 278 |
| equipment or apparatus while in service
outside the territory of | 279 |
| its regular use, and such other
reasonable expenses as may be | 280 |
| incurred by any such political
subdivision in furnishing aid.
The | 281 |
| cost of furnishing such
aid may be paid from the sheriff's | 282 |
| furtherance of justice fund
created pursuant to section 325.071 of | 283 |
| the Revised
Code or from the law enforcement trust fund created | 284 |
pursuant to section 2933.432981.13 of the Revised Code,
or from | 285 |
| the county general fund to the extent
moneys have been | 286 |
| appropriated for such purposes
pursuant to section 5705.38 of the | 287 |
| Revised Code
unless the board of county commissioners adopts a | 288 |
| resolution
restricting or prohibiting the use of general fund | 289 |
| moneys
without the prior approval of the board of county | 290 |
|
commissioners. Nothing in this section
shall be construed as | 291 |
| superseding or modifying in any way any
provision of a contract | 292 |
| entered into pursuant to section 311.29
of the Revised Code. Law | 293 |
| enforcement officers acting pursuant to
this section outside the | 294 |
| territory of their regular employment
have the same authority to | 295 |
| enforce the law as when acting within
the territory of their | 296 |
| regular employment. | 297 |
| (E) A peace officer of a county, township, or municipal | 376 |
|
corporation, and a preserve officer, wildlife officer, park | 377 |
|
officer, or watercraft officer designated under section 1517.10, | 378 |
|
1531.13, 1541.10, or 1547.521 of the Revised Code, as applicable, | 379 |
|
may enforce compliance with sections 1506.30 to 1506.36 of the | 380 |
|
Revised Code, any rules adopted under those sections, and any | 381 |
|
permit issued under section 1506.32 of the Revised Code and may | 382 |
|
make arrests for violation of those laws, rules, and permits. | 383 |
| (3) Unless the child's delinquent act or juvenile traffic | 420 |
| offense would be a minor misdemeanor if committed by an adult or | 421 |
| could be disposed of by the juvenile traffic violations bureau | 422 |
| serving the court under Traffic Rule 13.1 if the court has | 423 |
| established a juvenile traffic violations bureau, require the | 424 |
| child to make restitution to the victim of
the
child's delinquent | 425 |
| act or juvenile traffic offense or, if the victim is deceased, to | 426 |
| a
survivor of
the victim in an amount based upon the victim's | 427 |
|
economic loss caused by
or related to the delinquent act or | 428 |
| juvenile traffic offense.
The court may not require a child to | 429 |
| make restitution pursuant to this division if the child's | 430 |
| delinquent act or juvenile traffic offense would be a minor | 431 |
| misdemeanor if committed by an adult or could be disposed of by | 432 |
| the juvenile traffic violations bureau serving the court under | 433 |
| Traffic Rule 13.1 if the court has established a juvenile traffic | 434 |
| violations bureau. If the court requires restitution under this | 435 |
|
division, the restitution shall be made directly to
the victim in | 436 |
| open court or to
the probation department that
serves the | 437 |
| jurisdiction or the clerk
of courts on behalf of the
victim. | 438 |
| If the court requires restitution under this division, the | 447 |
| court may base the restitution order
on an
amount recommended by | 448 |
| the victim or survivor of the victim,
the
delinquent child, the | 449 |
| juvenile traffic offender, a presentence investigation report, | 450 |
|
estimates or
receipts indicating the cost of repairing or | 451 |
|
replacing property, and any
other information, provided that the | 452 |
| amount the court orders as restitution shall not exceed the amount | 453 |
| of the economic loss suffered by the victim as a direct and | 454 |
| proximate result of the delinquent act or juvenile traffic | 455 |
| offense. If the court decides to order restitution under this | 456 |
| division and the amount of
the restitution is disputed
by the | 457 |
| victim or survivor or by the
delinquent child or juvenile traffic | 458 |
| offender, the court
shall hold a hearing on the
restitution. If | 459 |
| the court requires restitution under this division, the court | 460 |
| shall
determine, or order the
determination of, the amount of | 461 |
|
restitution to be paid by the
delinquent child or juvenile traffic | 462 |
| offender. All restitution
payments shall be credited
against any | 463 |
| recovery of economic loss
in a civil action brought by
or on | 464 |
| behalf of the victim against
the delinquent child or juvenile | 465 |
| traffic offender or the
delinquent child's or juvenile traffic | 466 |
| offender's parent, guardian,
or other custodian. | 467 |
| (b) All or part of the costs of confinement in a residential | 486 |
|
facility described in section 2152.19 of the Revised Code or in a | 487 |
|
department of youth services institution, including, but not | 488 |
|
limited to, a per
diem fee for room and board, the costs of | 489 |
|
medical and
dental treatment provided, and the costs of repairing | 490 |
|
property the
delinquent child damaged while so confined. The | 491 |
|
amount of
reimbursement ordered for a child under this division | 492 |
|
shall not
exceed the total amount of
reimbursement the child is | 493 |
|
able to pay as determined at a hearing and shall
not exceed the | 494 |
|
actual cost of the confinement. The court may collect any | 495 |
|
reimbursement ordered under this division. If the court
does not | 496 |
|
order reimbursement under this division, confinement
costs may be | 497 |
|
assessed pursuant to a repayment policy adopted under
section | 498 |
|
2929.37 of the Revised Code and
division
(D)
of section 307.93, | 499 |
|
division
(A) of section
341.19, division
(C) of
section
341.23
or | 500 |
|
753.16, or
division
(B) of
section
341.14, 753.02,
753.04, | 501 |
|
2301.56,
or
2947.19 of the
Revised Code. | 502 |
(2) Sections 2925.41 to 2925.45 of the Revised Code
apply to | 509 |
children who are adjudicated or could be adjudicated by a juvenile | 510 |
court to be delinquent children for an act that, if committed by | 511 |
an adult,
would be a felony drug abuse offense. Subject to | 512 |
division (B) of
section 2925.42 and division (E) of section | 513 |
2925.43 of the
Revised Code, a
delinquent child of that nature | 514 |
loses any right to the possession of, and
forfeits to the state | 515 |
any right, title, and interest that the delinquent child
may have | 516 |
in, property as defined in section 2925.41 of the Revised Code and | 517 |
further described in section 2925.42 or 2925.43 of the Revised | 518 |
Code. | 519 |
(3) Sections 2923.44 to 2923.47 of the Revised Code
apply to | 520 |
children who are adjudicated or could be adjudicated by a juvenile | 521 |
court to be delinquent children for an act in violation of section | 522 |
2923.42 of
the Revised Code. Subject to division (B) of
section | 523 |
2923.44 and division (E) of section 2923.45 of the
Revised Code, a | 524 |
delinquent child of that nature loses any right to
the possession | 525 |
of, and forfeits to the state any right, title, and interest
that | 526 |
the
delinquent child may have in, property as defined in section | 527 |
2923.41 of the Revised Code and
further described in section | 528 |
2923.44
or 2923.45 of the Revised Codeor for committing an act | 529 |
| that, if committed by an adult, would be a felony drug abuse | 530 |
| offense. | 531 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 608 |
|
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, | 609 |
|
2903.22,
2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, | 610 |
|
2909.02, 2909.03,
2909.24,
2911.01, 2911.02, 2911.11, 2917.01, | 611 |
|
2917.02, 2917.03, 2917.31,
2919.25, 2921.03, 2921.04, 2921.34, or | 612 |
|
2923.161, of division (A)(1), (2), or
(3) of section 2911.12, or | 613 |
|
of division (B)(1), (2), (3), or (4) of section
2919.22 of the | 614 |
|
Revised Code or felonious sexual penetration in violation of | 615 |
|
former section 2907.12 of the Revised Code; | 616 |
| (10)(a) "Property" means any property, real or
personal, | 629 |
|
tangible or intangible, and any interest or license in
that | 630 |
|
property. "Property" includes, but is not limited to, cable | 631 |
|
television service, other telecommunications service, | 632 |
|
telecommunications devices, information service, computers, data, | 633 |
|
computer software, financial
instruments associated with | 634 |
|
computers, other documents
associated with computers, or copies of | 635 |
|
the documents, whether in
machine or human readable form, trade | 636 |
|
secrets, trademarks,
copyrights, patents, and property protected | 637 |
|
by a trademark, copyright, or
patent. "Financial instruments | 638 |
|
associated with computers" include, but are not limited to, | 639 |
|
checks, drafts, warrants, money orders, notes of indebtedness, | 640 |
|
certificates of deposit, letters of credit, bills of credit or | 641 |
|
debit cards, financial transaction authorization mechanisms, | 642 |
|
marketable securities, or any computer system representations of | 643 |
|
any of them. | 644 |
(d) Property that is forfeitable pursuant to a section of
the | 723 |
Revised Code, or an ordinance, regulation, or resolution, | 724 |
including, but not limited to, forfeitable firearms, dangerous | 725 |
ordnance, obscene materials, and goods and personal
property | 726 |
described in division (D) of section 2913.34 of the Revised Code; | 727 |
| under a statute, ordinance, or rule, or that a trier of fact | 728 |
| lawfully determines to be illegal to possess by reason of the | 729 |
| property's involvement in an offense. "Contraband" includes, but | 730 |
| is not limited to, all of the following: | 731 |
| (a) Except as otherwise provided in division (B)(2)(a) of | 803 |
|
this section, in a
manner so that the offense prohibits or is | 804 |
|
construed as
prohibiting any pregnant woman or her physician from | 805 |
|
performing an abortion
with the consent of the pregnant woman, | 806 |
|
with the consent of the pregnant
woman implied by law in a medical | 807 |
|
emergency, or with the approval of one
otherwise authorized by law | 808 |
|
to consent to medical treatment on behalf of the
pregnant woman. | 809 |
|
An abortion that violates the conditions described in the | 810 |
|
immediately preceding sentence may be punished as a violation of | 811 |
|
section
2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, | 812 |
|
2903.08,
2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22 | 813 |
|
of the Revised Code,
as applicable. An abortion that does not | 814 |
|
violate the conditions
described in the second immediately | 815 |
|
preceding sentence, but that does violate
section 2919.12, | 816 |
|
division (B) of section 2919.13, or section 2919.151,
2919.17, or | 817 |
|
2919.18 of the Revised Code, may be punished as a violation of | 818 |
|
section 2919.12, division (B) of section 2919.13, or
section | 819 |
|
2919.151, 2919.17, or 2919.18 of the Revised Code, as
applicable. | 820 |
|
Consent is sufficient under this division if it is of the type | 821 |
|
otherwise adequate to permit medical treatment to the pregnant | 822 |
|
woman, even if
it does not comply with section 2919.12 of the | 823 |
|
Revised Code. | 824 |
| (2) Except as otherwise provided in this division, a | 935 |
| violation of
division (A)(1) of this section is a felony of
the | 936 |
| fifth degree. Except as otherwise provided in this division, if | 937 |
| the
cumulative sales price of the goods or services to which or in | 938 |
| connection with
which the counterfeit mark is attached, affixed, | 939 |
| or otherwise used in the
offense is five thousand dollars or more | 940 |
| but less than one hundred thousand
dollars or if the number of | 941 |
| units of goods to which or in
connection with which the | 942 |
| counterfeit mark is attached, affixed, or otherwise
used in the | 943 |
| offense is more than one hundred units but less than one thousand | 944 |
|
units, a violation of division (A)(1) of this
section is a felony | 945 |
| of the fourth degree. If the cumulative sales price of
the goods | 946 |
| or services to which or in connection with which the counterfeit | 947 |
|
mark is attached, affixed, or otherwise used in the offense is one | 948 |
| hundred
thousand dollars or more or if the number of units of | 949 |
| goods to which or in
connection with which the counterfeit mark is | 950 |
| attached, affixed, or otherwise
used in the offense is one | 951 |
| thousand units or more, a violation of division
(A)(1) of this | 952 |
| section is a felony of the third degree. | 953 |
| (4) Except as otherwise provided in this division, a | 961 |
| violation of division
(A)(3), (4), or (5) of this section is a | 962 |
| misdemeanor of the first
degree. Except as otherwise provided in | 963 |
|
this division, if the cumulative sales price of the goods or | 964 |
| services to which
or in connection with which the counterfeit mark | 965 |
| is attached, affixed, or
otherwise used in the offense is five | 966 |
| hundred dollars or more but less than
five thousand dollars, a | 967 |
| violation of division
(A)(3), (4), or (5) of this section is a | 968 |
| felony of the fifth degree. Except
as otherwise provided in this | 969 |
| division, if the cumulative sales price of the
goods or services | 970 |
| to which or in connection with which the counterfeit mark is | 971 |
|
attached, affixed, or otherwise used in the offense is five | 972 |
| thousand dollars
or more but less than one hundred thousand | 973 |
| dollars or if the number of units
of goods to which or in | 974 |
| connection with which the counterfeit mark is
attached, affixed, | 975 |
| or otherwise used in the offense is more than one hundred
units | 976 |
| but less than one thousand units,
a violation of division (A)(3), | 977 |
| (4), or (5) of this
section is a felony of the fourth
degree. If | 978 |
| the cumulative sales price of the goods or services to which or in | 979 |
|
connection with which the counterfeit mark is attached, affixed, | 980 |
| or otherwise
used in the offense is one hundred
thousand dollars | 981 |
| or more or if the number of units of goods to which or in | 982 |
|
connection with which the counterfeit mark is attached, affixed, | 983 |
| or otherwise
used in the offense is one thousand units or more, a | 984 |
| violation of division
(A)(3), (4), or (5) of this section is a | 985 |
| felony of the third degree. | 986 |
| (C) A defendant may assert as an
affirmative defense to a | 987 |
| charge of a violation of this section defenses,
affirmative | 988 |
| defenses, and limitations on remedies that would be available in a | 989 |
|
civil, criminal, or administrative action or proceeding under the | 990 |
| "Lanham
Act," 60 Stat. 427-443 (1946), 15 U.S.C.
1051-1127, as | 991 |
| amended, "The Trademark Counterfeiting
Act of 1984," 98 Stat. | 992 |
| 2178, 18 U.S.C. 2320, as amended, Chapter 1329. or
another section | 993 |
| of the
Revised Code, or common law. | 994 |
(2) Notwithstanding any contrary provision of sections | 1006 |
2923.31 to 2923.35 or
2933.41 to 2933.43Chapter 2981. of the | 1007 |
| Revised Code, if a person is convicted of or pleads
guilty to a | 1008 |
| violation of this section, an attempt to violate this section, or | 1009 |
|
complicity in a violation of this section, the court involved | 1010 |
| shall declare
that the goods described in division (D)(1)(a) of | 1011 |
| this section and the
personal property described in division | 1012 |
| (D)(1)(b) of this section
are contraband and are forfeited. Prior | 1013 |
| to the court's entry of judgment
under Criminal Rule
32, the owner | 1014 |
| of a registered trademark or service mark that is the subject of | 1015 |
|
the counterfeit mark may recommend a manner in which
the forfeited | 1016 |
| goods and forfeited personal property should be disposed of. If | 1017 |
|
that owner makes a timely recommendation of a manner of | 1018 |
| disposition, the court
is not bound by the recommendation. If
that | 1019 |
| owner makes a timely recommendation of a manner of disposition, | 1020 |
| the court
may include in its entry of judgment an order that | 1021 |
| requires appropriate
persons to dispose of the forfeited goods and | 1022 |
| forfeited personal property in
the recommended manner. If that | 1023 |
| owner fails to make a timely recommendation
of a manner of | 1024 |
| disposition or if that owner makes a timely recommendation of
the | 1025 |
| manner of disposition but the court determines to not follow the | 1026 |
|
recommendation, the court shall include in its entry of judgment | 1027 |
| an order that
requires the law enforcement agency that employs the | 1028 |
| law enforcement officer
who seized the forfeited goods or the | 1029 |
| forfeited personal property to destroy
them or cause their | 1030 |
| destruction. | 1031 |
| (i) It is identical with or substantially indistinguishable | 1044 |
| from
a mark that is registered on the principal register in the | 1045 |
| United
States patent and trademark office for the same goods or | 1046 |
|
services as the goods or services to which or in connection with | 1047 |
| which the
spurious trademark or spurious service mark is attached, | 1048 |
| affixed, or otherwise
used or from a mark
that is registered with | 1049 |
| the secretary of state pursuant to
sections 1329.54 to 1329.67 of | 1050 |
| the Revised
Code for the same goods or services as the goods or | 1051 |
| services
to which or in connection with which the spurious | 1052 |
| trademark or spurious
service mark is attached, affixed, or | 1053 |
| otherwise used, and the owner of the
registration uses
the | 1054 |
| registered mark, whether or not the offender knows that the mark | 1055 |
| is
registered in a manner described in division (F)(1)(a)(i) of | 1056 |
| this section. | 1057 |
| (2) "Commercial electronic mail message" means any electronic | 1085 |
| mail message the primary purpose of which is the commercial | 1086 |
| advertisement or promotion of a commercial product or service, | 1087 |
| including content on an internet web site operated for a | 1088 |
| commercial purpose, but does not include a transactional or | 1089 |
| relationship message. The inclusion of a reference to a commercial | 1090 |
| entity or a link to the web site of a commercial entity does not, | 1091 |
| by itself, cause that message to be treated as a commercial | 1092 |
| electronic mail message for the purpose of this section, if the | 1093 |
| contents or circumstances of the message indicate a primary | 1094 |
| purpose other than commercial advertisement or promotion of a | 1095 |
| commercial product or service. | 1096 |
| (e) Regarding any violation of division (B) of this section, | 1231 |
| the offender knowingly assisted in the violation through the | 1232 |
| provision or selection of electronic mail addresses to which the | 1233 |
| commercial electronic mail message was transmitted, if that | 1234 |
| offender knew that the electronic mail addresses of the recipients | 1235 |
| were obtained using an automated means from an internet web site | 1236 |
| or proprietary online service operated by another person, and that | 1237 |
| web site or online service included, at the time the electronic | 1238 |
| mail addresses were obtained, a notice stating that the operator | 1239 |
| of that web site or online service will not transfer addresses | 1240 |
| maintained by that web site or online service to any other party | 1241 |
| for the purposes of initiating the transmission of, or enabling | 1242 |
| others to initiate the transmission of, electronic mail messages. | 1243 |
| (H) The attorney general may bring a civil action, pursuant | 1313 |
| to the "CAN-SPAM Act of 2003," Pub. L. No. 108-187, 117 Stat. | 1314 |
| 2699, 15 U.S.C. 7701 et seq., on behalf of the residents of the | 1315 |
| state in a district court of the United States that has | 1316 |
| jurisdiction for a violation of the CAN-SPAM Act of 2003, but the | 1317 |
| attorney general shall not bring a civil action under both this | 1318 |
| division and division (F) of this section. If a federal court | 1319 |
| dismisses a civil action brought under this division for reasons | 1320 |
| other than upon the merits, a civil action may be brought under | 1321 |
| division (F) of this section in the appropriate court of common | 1322 |
| pleas of this state. | 1323 |
| Sec. 2923.01. (A) No person, with purpose to commit or to | 1337 |
|
promote or facilitate the commission of aggravated murder,
murder, | 1338 |
|
kidnapping, compelling prostitution, promoting
prostitution, | 1339 |
|
aggravated arson, arson, aggravated robbery,
robbery, aggravated | 1340 |
|
burglary, burglary, engaging in a pattern of
corrupt activity, | 1341 |
|
corrupting another with drugs, a felony drug trafficking, | 1342 |
|
manufacturing, processing, or possession offense, theft of drugs, | 1343 |
|
or
illegal processing of drug documents, the commission of a | 1344 |
|
felony offense of
unauthorized use of a vehicle, illegally | 1345 |
| transmitting multiple commercial electronic mail messages or | 1346 |
| unauthorized access of a computer in violation of section 2923.421 | 1347 |
| of the Revised Code, or
the commission
of a violation of any | 1348 |
| provision of Chapter 3734.
of the Revised
Code, other than section | 1349 |
| 3734.18 of the Revised
Code, that relates
to hazardous wastes, | 1350 |
| shall do either of the
following: | 1351 |
| (a) The provisions of divisions (D), (F), and (G) of section | 1461 |
|
2925.03,
division (D) of section 2925.04, division (D) of section | 1462 |
|
2925.05, division (D)
of section 2925.06, and division (E) of | 1463 |
|
section 2925.11 of the Revised Code
that pertain to mandatory and | 1464 |
|
additional fines, driver's or commercial
driver's license or | 1465 |
|
permit
suspensions, and
professionally
licensed
persons
and that | 1466 |
|
would apply under the appropriate
provisions of
those
divisions to | 1467 |
|
a person who is convicted of or
pleads guilty to the felony drug | 1468 |
|
trafficking, manufacturing,
processing, or possession offense that | 1469 |
|
is the most
serious offense
that is the basis of the conspiracy | 1470 |
|
shall apply to
the person who
is convicted of or pleads guilty to | 1471 |
|
the conspiracy as if the
person had been convicted of or pleaded | 1472 |
|
guilty to the felony drug
trafficking,
manufacturing, processing, | 1473 |
|
or possession offense that
is the most serious
offense that is the | 1474 |
|
basis of the conspiracy. | 1475 |
| (a) A violation of section 1315.55, 1322.02, 2903.01, | 1568 |
|
2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, | 1569 |
|
2905.11,
2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, | 1570 |
|
2909.22, 2909.23, 2909.24, 2911.01,
2911.02, 2911.11, 2911.12, | 1571 |
|
2911.13, 2911.31, 2913.05, 2913.06,
2921.02, 2921.03,
2921.04, | 1572 |
|
2921.11, 2921.12, 2921.32, 2921.41, 2921.42, 2921.43,
2923.12, or | 1573 |
|
2923.17; division (F)(1)(a), (b), or (c) of section
1315.53; | 1574 |
|
division (A)(1) or (2) of section 1707.042; division (B),
(C)(4), | 1575 |
|
(D), (E), or (F) of section 1707.44; division
(A)(1) or (2) of | 1576 |
|
section 2923.20; division (J)(1) of
section 4712.02; section | 1577 |
|
4719.02, 4719.05, or 4719.06; division (C), (D), or
(E) of section | 1578 |
|
4719.07; section 4719.08; or division (A) of section 4719.09 of | 1579 |
|
the Revised Code. | 1580 |
| (b) Any violation of section 3769.11, 3769.15, 3769.16, or | 1581 |
|
3769.19 of the
Revised Code as it existed prior to July 1, 1996, | 1582 |
|
any violation of section 2915.02 of the Revised Code that occurs | 1583 |
|
on or after
July 1, 1996, and that, had it occurred prior to that | 1584 |
|
date, would have been a
violation of section 3769.11 of the | 1585 |
|
Revised Code
as it existed prior to that date, or any violation of | 1586 |
|
section 2915.05 of the
Revised Code that occurs on or after July | 1587 |
|
1, 1996, and
that, had it occurred prior to that date, would
have | 1588 |
|
been a violation of section 3769.15, 3769.16, or 3769.19 of the | 1589 |
|
Revised
Code as it existed prior to that date. | 1590 |
| (c) Any violation of section 2907.21, 2907.22, 2907.31, | 1591 |
|
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, | 1592 |
|
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 | 1593 |
|
of the
Revised Code, any violation of section 2925.11 of the | 1594 |
|
Revised Code that is a
felony of the first, second, third, or | 1595 |
|
fourth degree and that occurs on or
after July 1, 1996, any | 1596 |
|
violation of section 2915.02 of the Revised Code
that occurred | 1597 |
|
prior to July 1, 1996, any violation of section 2915.02 of the | 1598 |
|
Revised Code that occurs on or after July 1, 1996, and that, had | 1599 |
|
it occurred
prior to that date, would not
have been a violation of | 1600 |
|
section 3769.11 of the Revised Code as it existed
prior to that | 1601 |
|
date, any violation of section 2915.06 of the Revised Code as it | 1602 |
|
existed prior to July 1, 1996, or any violation of
division (B) of | 1603 |
|
section 2915.05 of the Revised Code as it
exists on and after July | 1604 |
|
1, 1996, when the proceeds of the violation, the
payments made in | 1605 |
|
the violation, the amount of a claim for payment or for
any other | 1606 |
|
benefit that is false or deceptive and that is involved
in the | 1607 |
|
violation, or the value of the contraband or other
property | 1608 |
|
illegally possessed, sold, or purchased in the violation
exceeds | 1609 |
|
five hundred dollars, or any combination of violations described | 1610 |
|
in
division (I)(2)(c) of this section when the total proceeds of | 1611 |
|
the combination
of violations, payments made in the combination of | 1612 |
|
violations,
amount of the claims for payment or for other benefits | 1613 |
|
that is
false or deceptive and that is involved in the combination | 1614 |
|
of
violations, or value of the contraband or other property | 1615 |
|
illegally possessed, sold, or purchased in the combination of | 1616 |
|
violations exceeds five hundred dollars; | 1617 |
| (e) Any violation or combination of violations of section | 1620 |
|
2907.32 of the Revised Code involving any material or performance | 1621 |
|
containing a display of bestiality or of sexual conduct, as | 1622 |
|
defined in section 2907.01 of the Revised Code, that is explicit | 1623 |
|
and depicted with clearly visible penetration of the genitals or | 1624 |
|
clearly visible penetration by the penis of any orifice when the | 1625 |
|
total proceeds of the violation or combination of violations, the | 1626 |
|
payments made in the violation or combination of violations, or | 1627 |
|
the value of the contraband or other property illegally
possessed, | 1628 |
|
sold, or purchased in the violation or combination of
violations | 1629 |
|
exceeds five hundred dollars; | 1630 |
| (f) Any combination of violations described in division | 1631 |
|
(I)(2)(c) of this
section and violations of section
2907.32 of the | 1632 |
|
Revised Code involving any material or performance
containing a | 1633 |
|
display of bestiality or of sexual conduct, as
defined in section | 1634 |
|
2907.01 of the Revised Code, that is explicit
and depicted with | 1635 |
|
clearly visible penetration of the genitals or
clearly visible | 1636 |
|
penetration by the penis of any orifice when the
total proceeds of | 1637 |
|
the combination of violations, payments made in
the combination of | 1638 |
|
violations, amount of the claims for payment
or for other benefits | 1639 |
|
that is false or deceptive and that is
involved in the combination | 1640 |
|
of violations, or value of the
contraband or other property | 1641 |
|
illegally possessed, sold, or
purchased in the combination of | 1642 |
|
violations exceeds five hundred
dollars. | 1643 |
| (3) No person, who knowingly has received any proceeds | 1683 |
|
derived, directly or indirectly, from a pattern of corrupt | 1684 |
|
activity or the collection of any unlawful debt, shall use or | 1685 |
|
invest, directly or indirectly, any part of those proceeds, or
any | 1686 |
|
proceeds derived from the use or investment of any of those | 1687 |
|
proceeds, in the acquisition of any title to, or any right, | 1688 |
|
interest, or equity in, real property or in the establishment or | 1689 |
|
operation of any enterprise. | 1690 |
| A purchase of securities on the open market with intent to | 1691 |
|
make an investment, without intent to control or participate in | 1692 |
|
the control of the issuer, and without intent to assist another
to | 1693 |
|
do so is not a violation of this division, if the securities
of | 1694 |
|
the issuer held after the purchase by the purchaser, the
members | 1695 |
|
of the purchaser's immediate family, and
the purchaser's or the | 1696 |
|
immediate family
members' accomplices in
any pattern of corrupt | 1697 |
|
activity or the collection of an unlawful
debt do not aggregate | 1698 |
|
one per cent of the outstanding securities
of any one class of the | 1699 |
|
issuer and do not confer, in law or in
fact, the power to elect | 1700 |
|
one or more directors of the issuer. | 1701 |
| (B)(1) Whoever violates this section is guilty of engaging
in | 1702 |
| a pattern of corrupt activity.
Except as otherwise provided in | 1703 |
|
this division, engaging in corrupt activity
is a felony of the | 1704 |
|
second degree. If at least one of the incidents of corrupt | 1705 |
|
activity is a felony of the first, second, or third degree, | 1706 |
|
aggravated
murder, or murder, if at least one of the incidents was | 1707 |
|
a felony
under the law of this state that was committed prior to | 1708 |
the
effective date of this amendmentJuly 1, 1996, and that would | 1709 |
|
constitute a
felony of the first, second, or third degree, | 1710 |
aggravated murder,
or murder if committed on or after
the | 1711 |
effective date of this
amendmentJuly 1, 1996, or if at least one | 1712 |
|
of the incidents of corrupt
activity
is a felony under the law of | 1713 |
|
the
United States or of another state
that, if committed in this | 1714 |
state on or after
the effective date
of
this amendmentJuly 1, | 1715 |
|
1996, would constitute a felony of the first,
second, or
third | 1716 |
|
degree, aggravated murder, or murder under the
law of this
state, | 1717 |
|
engaging in a pattern of corrupt activity is a
felony of
the first | 1718 |
|
degree. Notwithstanding any other provision of
law, a
person may | 1719 |
|
be convicted of violating the provisions of
this
section as well | 1720 |
|
as of a conspiracy to violate one or more of those
provisions | 1721 |
|
under section 2923.01 of the Revised Code. | 1722 |
| (3) In addition to any other penalty or disposition | 1747 |
|
authorized or required by law, the court shall order any person | 1748 |
|
who is convicted of or pleads guilty to a violation of this | 1749 |
|
section or who is adjudicated delinquent by reason of a violation | 1750 |
|
of this section to criminally forfeit to the state under Chapter | 1751 |
| 2981. of the Revised Code any personal
or
real property in which | 1752 |
| the person has an interest and that
was
used in
the course of or | 1753 |
| intended for use in the course of a
violation of
this section, or | 1754 |
| that was derived from or realized
through
conduct in violation of | 1755 |
| this section, including any
property
constituting an interest in, | 1756 |
| means of control over, or
influence
over the enterprise involved | 1757 |
| in the violation and any
property
constituting proceeds derived | 1758 |
| from the violation,
including all
of the following: | 1759 |
(5) If any property included in a special verdict of | 1799 |
forfeiture returned pursuant to division (B)(4) of this section | 1800 |
cannot be located, has been sold to a bona fide purchaser for | 1801 |
value, placed beyond the jurisdiction of the court, substantially | 1802 |
diminished in value by the conduct of the defendant or
adjudicated | 1803 |
delinquent child, or commingled with other property
that cannot be | 1804 |
divided without difficulty or undue injury to
innocent persons, or | 1805 |
otherwise is unreachable without undue
injury to innocent persons, | 1806 |
the court shall order forfeiture of
any other reachable property | 1807 |
of the defendant or adjudicated
delinquent child up to the value | 1808 |
of the property that is
unreachable. | 1809 |
(6) All property ordered forfeited pursuant to this
section | 1810 |
shall be held by the law enforcement agency that seized
it for | 1811 |
distribution or disposal pursuant to section 2923.35 of
the | 1812 |
Revised Code. The agency shall maintain an accurate record
of
each | 1813 |
item of property so seized and held, which record shall
include | 1814 |
the date on which each item was seized, the manner and
date of | 1815 |
disposition by the agency, and if applicable, the name of
the | 1816 |
person who received the item; however, the record shall not | 1817 |
identify or enable the identification of the individual officer | 1818 |
who seized the property. The record is a public record open for | 1819 |
inspection under section 149.43 of the Revised Code. Each law | 1820 |
enforcement agency that seizes and holds in any calendar year any | 1821 |
item of property that is ordered forfeited pursuant to this | 1822 |
section shall prepare a report covering the calendar year that | 1823 |
cumulates all of the information contained in all of the records | 1824 |
kept by the agency pursuant to this division for that calendar | 1825 |
year, and shall send the cumulative report, no later than the | 1826 |
first day of March in the calendar year following the calendar | 1827 |
year covered by the report, to the attorney general. Each such | 1828 |
report so received by the attorney general is a public record
open | 1829 |
for inspection under section 149.43 of the Revised Code. Not
later | 1830 |
than the fifteenth day of April in the calendar year in
which the | 1831 |
reports were
received, the attorney general shall send
to the | 1832 |
president of the senate and the speaker of the house of | 1833 |
representatives a written notification that does all of the | 1834 |
following: | 1835 |
(2) Within thirty days after receipt of a notice or after
the | 1872 |
date of publication of a notice under division (E)(1) of this | 1873 |
section, any person, other than the defendant or the adjudicated | 1874 |
delinquent child, who claims an interest in the property that is | 1875 |
subject to forfeiture may petition the court for a hearing to | 1876 |
determine the validity of the claim. The petition shall be
signed | 1877 |
and sworn to by the petitioner and shall set forth the
nature and | 1878 |
extent of the petitioner's interest in the property,
the date and | 1879 |
circumstances of the petitioner's acquisition of the
interest, any | 1880 |
additional allegations supporting the claim, and
the relief | 1881 |
sought. The petitioner shall furnish the prosecuting
attorney
with | 1882 |
a copy of the petition. | 1883 |
(3) The court, to the extent practicable and consistent
with | 1884 |
the interests of justice, shall hold the hearing described
under | 1885 |
division (E)(2) of this section within thirty days from the
filing | 1886 |
of the petition. The court may consolidate the hearings
on all | 1887 |
petitions filed by third party claimants under this
section. At | 1888 |
the hearing, the petitioner may testify and present
evidence on | 1889 |
the petitioner's own behalf and cross-examine
witnesses. The | 1890 |
prosecuting attorney may present evidence and witnesses in | 1891 |
rebuttal and in defense of the claim of the state to the property | 1892 |
and cross-examine witnesses. The court, in making its | 1893 |
determination, shall consider the testimony and evidence
presented | 1894 |
at the hearing and the relevant portions of the record
of the | 1895 |
criminal proceeding that resulted in the judgment of
forfeiture. | 1896 |
(4) If at a hearing held under division (E)(3) of this | 1897 |
section, the court, by a preponderance of the evidence,
determines | 1898 |
either that the petitioner has a legal right, title,
or interest | 1899 |
in the property that, at the time of the commission
of the acts | 1900 |
giving rise to the forfeiture of the property, was
vested in the | 1901 |
petitioner and not in the defendant or the
adjudicated delinquent | 1902 |
child or was superior to the right, title,
or interest of the | 1903 |
defendant or the adjudicated delinquent child,
or that the | 1904 |
petitioner is a bona fide purchaser for value of the
right, title, | 1905 |
or interest in the property and was at the time of
the purchase | 1906 |
reasonably without cause to believe that the
property was subject | 1907 |
to forfeiture under this section, it shall
amend, in accordance | 1908 |
with its determination, the judgment of
forfeiture to protect the | 1909 |
rights of innocent persons. | 1910 |
(B) Any person who is injured or threatened with injury by
a | 1931 |
|
violation of section 2923.32 of the Revised Code may institute
a | 1932 |
|
civil proceeding in an appropriate court seeking relief from
any | 1933 |
|
person whose conduct violated or allegedly violated section | 1934 |
|
2923.32 of the Revised Code or who conspired or allegedly | 1935 |
|
conspired to violate that section, except that the pattern of | 1936 |
|
corrupt activity alleged by an injured person or person
threatened | 1937 |
|
with injury shall include at least one incident other
than a | 1938 |
|
violation of division (A)(1) or (2) of section 1707.042 or | 1939 |
|
division (B), (C)(4), (D), (E), or (F) of section 1707.44 of the | 1940 |
|
Revised Code, of 18 U.S.C. 1341, 18 U.S.C. 1343, 18 U.S.C. 2314, | 1941 |
|
or any other offense involving fraud in the sale of securities. | 1942 |
| Upon the filing of a civil proceeding for relief under | 1976 |
division (C)(B)(3), (4), or (5) of this section by an allegedly | 1977 |
|
injured person other than a prosecuting attorney, the allegedly | 1978 |
|
injured person immediately shall notify the attorney general of | 1979 |
|
the filing. The attorney general, upon timely application, may | 1980 |
|
intervene in any civil proceeding for relief under division | 1981 |
(C)(B)(3), (4), or (5) if the attorney general certifies that, in | 1982 |
|
the attorney general's opinion, the proceeding is of general | 1983 |
|
public interest. In any proceeding brought by an injured person | 1984 |
under
division (C)(B)(3), (4), or (5) of this section, the | 1985 |
| attorney
general is
entitled to the same relief as if the attorney | 1986 |
| general
instituted
the proceeding. | 1987 |
(F)(E) In a civil proceeding under division (B)(A) of this | 1999 |
|
section, any person directly or indirectly injured by conduct in | 2000 |
|
violation of section 2923.32 of the Revised Code or a conspiracy | 2001 |
|
to violate that section, other than a violator of that section or | 2002 |
|
a conspirator to violate that section, in addition to relief
under | 2003 |
division (C)(B) of this section, shall have a cause of action
for | 2004 |
|
triple the actual damages the person sustained. To
recover
triple | 2005 |
| damages, the plaintiff shall prove the violation or
conspiracy
to | 2006 |
|
violate that section and actual damages by clear and
convincing | 2007 |
|
evidence. Damages under this division may include, but
are not | 2008 |
|
limited to, competitive injury and injury distinct from
the
injury | 2009 |
| inflicted by corrupt activity. | 2010 |
(I)(H) If a person, other than an individual, is not | 2029 |
|
convicted
of a violation of section 2923.32 of the Revised Code, | 2030 |
|
the
prosecuting attorney may institute proceedings against the | 2031 |
|
person
to recover a civil penalty for conduct that the
prosecuting | 2032 |
|
attorney proves by clear and convincing evidence is
in violation | 2033 |
|
of section 2923.32 of the Revised Code. The civil
penalty shall | 2034 |
|
not exceed one hundred thousand dollars and shall
be paid into the | 2035 |
|
state treasury to the credit of the corrupt
activity investigation | 2036 |
and prosecution fund created in section
2923.352923.32 of the | 2037 |
| Revised
Code. If a civil penalty is ordered
pursuant to this | 2038 |
| division,
the court shall order the defendant to
pay to the state, | 2039 |
|
municipal, or county law enforcement agencies
that handled the | 2040 |
|
investigation and litigation the costs of
investigation and | 2041 |
|
litigation that are reasonably incurred and
that are not ordered | 2042 |
|
to be paid pursuant to this section. | 2043 |
(K)(J) Notwithstanding any other provision of law providing a | 2054 |
|
shorter period of limitations, a civil proceeding or action under | 2055 |
|
this section may be commenced at any time within five years after | 2056 |
|
the unlawful conduct terminates or the cause of action accrues or | 2057 |
|
within any longer statutory period of limitations that may be | 2058 |
|
applicable. If a criminal proceeding, delinquency proceeding, | 2059 |
|
civil action, or other proceeding is brought or intervened in by | 2060 |
|
the state to punish, prevent, or restrain any activity that is | 2061 |
|
unlawful under section 2923.32 of the Revised Code, the running
of | 2062 |
|
the period of limitations prescribed by this division with
respect | 2063 |
|
to any civil action brought under this section by a
person who is | 2064 |
|
injured by a violation or threatened violation of
section 2923.32 | 2065 |
|
of the Revised Code, based in whole or in part
upon any matter | 2066 |
|
complained of in the state prosecution, action,
or proceeding, | 2067 |
|
shall be suspended during the pendency of the
state prosecution, | 2068 |
|
action, or proceeding and for two years
following its termination. | 2069 |
| The right of any person who prevails in a civil action | 2089 |
|
pursuant to this section, other than a
prosecuting attorney | 2090 |
| performing official duties under that
section, to forfeited | 2091 |
| property, property against which fines and
civil penalties may be | 2092 |
| imposed, and the proceeds of that property
is superior to any | 2093 |
| right of the state, a municipal corporation,
or a county to the | 2094 |
| property or the proceeds of the property, if
the civil action is | 2095 |
| brought within one hundred eighty days after
the entry of a | 2096 |
| sentence of forfeiture or a fine pursuant to
sections 2923.32 and | 2097 |
| 2981.04 of the Revised Code or the entry of a civil
penalty | 2098 |
| pursuant to division (H) of this section. | 2099 |
| (2) If the aggregate amount of claims of persons who have | 2104 |
|
prevailed in a civil action pursuant to this section against any | 2105 |
| one defendant is greater than the total
value of the treble fines, | 2106 |
| civil penalties, and forfeited
property paid by the person against | 2107 |
| whom the actions were
brought, all of the persons who brought | 2108 |
| their actions within one
hundred eighty days after the entry of a | 2109 |
| sentence or disposition
of forfeiture or a fine pursuant to | 2110 |
| section 2923.32 of the
Revised Code or the entry of a civil | 2111 |
| penalty pursuant to division
(H) of this section, first shall | 2112 |
| receive a
pro rata share of the total amount of the fines, civil | 2113 |
| penalties,
and forfeited property. After the persons who brought | 2114 |
| their
actions within the specified one-hundred-eighty-day period | 2115 |
| have
satisfied their claims out of the fines, civil penalties, and | 2116 |
|
forfeited property, all other persons who prevailed in civil | 2117 |
|
actions pursuant to this section shall
receive a pro rata share of | 2118 |
| the total amount of the fines, civil
penalties, and forfeited | 2119 |
| property that remains in the custody of
the law enforcement agency | 2120 |
| or in the corrupt activity
investigation and prosecution fund. | 2121 |
| Sec. 2923.36. (A) Upon the institution of any criminal | 2124 |
|
proceeding charging a violation of section 2923.32 of the Revised | 2125 |
|
Code, the filing of any complaint, indictment, or information in | 2126 |
|
juvenile court
alleging a
violation of that section as a | 2127 |
|
delinquent act, or the institution
of any civil proceeding under | 2128 |
section 2923.32 or 2923.34 or 2981.05 of the
Revised Code, the | 2129 |
| state, at any
time during the pendency of the
proceeding, may file | 2130 |
| a corrupt
activity lien notice with the
county recorder of any | 2131 |
| county in
which property subject to
forfeiture may be located. No | 2132 |
| fee shall
be required for filing
the notice. The recorder | 2133 |
| immediately shall
record the notice
pursuant to section 317.08 of | 2134 |
| the Revised Code. | 2135 |
| (D) Within seven days after the filing of each corrupt | 2172 |
|
activity lien notice, the prosecuting attorney who files the | 2173 |
|
notice shall furnish to the person named in the notice by | 2174 |
|
certified mail, return receipt requested, to the last known | 2175 |
|
business or residential address of the person, a copy of the | 2176 |
|
recorded notice with a notation on it of any county in which the | 2177 |
|
notice has been recorded. The failure of the prosecuting
attorney | 2178 |
|
to furnish a copy of the notice under this section shall
not | 2179 |
|
invalidate or otherwise affect the corrupt activity lien
notice | 2180 |
|
when the prosecuting attorney did not know and could not | 2181 |
|
reasonably ascertain the address of the person entitled to
notice. | 2182 |
| (F)(1) Notwithstanding any law or rule to the contrary, in | 2202 |
|
conjunction with any civil proceeding brought pursuant to section | 2203 |
2923.342981.05 of the Revised Code, the prosecuting attorney may | 2204 |
| file in
any county, without prior court order, a lis pendens | 2205 |
| pursuant to
sections 2703.26 and 2703.27 of the Revised Code. In | 2206 |
| such a
case,
any person acquiring an interest in the subject | 2207 |
| property or
beneficial interest in the property, if the property | 2208 |
| interest is
acquired subsequent to the filing of the lis pendens, | 2209 |
| shall take
the property or interest subject to the civil | 2210 |
| proceeding and any
subsequent judgment. | 2211 |
| (1) In the case of real property, or a beneficial interest
in | 2226 |
| it, relate back to the date of filing of the corrupt activity
lien | 2227 |
| notice in the county where the property or interest is
located. If | 2228 |
| no corrupt activity lien notice was filed, title of
the state | 2229 |
| relates back to the date of the filing of any lis
pendens under | 2230 |
| division (F) of this section in the records of the
county recorder | 2231 |
| of the county in which the real property or
beneficial interest is | 2232 |
| located. If no corrupt activity lien
notice or lis pendens was | 2233 |
| filed, title of the state relates back
to the date of the | 2234 |
| recording of the final judgment of forfeiture
in the records of | 2235 |
| the county recorder of the county in which the
real property or | 2236 |
| beneficial interest is located. | 2237 |
| (H) If personal or real property, or a beneficial interest
in | 2247 |
| it, that is subject to forfeiture pursuant to section 2923.32
of | 2248 |
| the Revised Code is conveyed, alienated, disposed of, or
otherwise | 2249 |
| rendered unavailable for forfeiture after the filing of
either a | 2250 |
| corrupt activity lien notice, or a criminal or
delinquency | 2251 |
| proceeding for a violation of section 2923.32 or a
civil | 2252 |
proceeding under section 2923.32 or 2923.342981.05 of the Revised | 2253 |
|
Code, whichever is earlier, the state may bring an action in any | 2254 |
|
court of common pleas against the person named in the corrupt | 2255 |
|
activity lien notice or the defendant in the criminal, | 2256 |
|
delinquency, or civil proceeding to recover the value of the | 2257 |
|
property or interest. The court shall enter final judgment
against | 2258 |
| the person named in the notice or the defendant for an
amount | 2259 |
| equal to the value of the property or interest together
with | 2260 |
| investigative costs and attorney's fees incurred by the
state
in | 2261 |
| the action. If a civil proceeding is pending, an action
pursuant | 2262 |
| to this section shall be filed in the court in which the | 2263 |
|
proceeding is pending. | 2264 |
| (3) If no civil proceeding brought pursuant to section | 2380 |
2923.342981.05 of the Revised Code then is pending against the | 2381 |
| person
named in a corrupt activity lien notice, any person so | 2382 |
| named may
bring an action against the prosecuting attorney who | 2383 |
| filed the
notice, in the county where it was filed, seeking a | 2384 |
| release of
the
property subject to the notice or termination of | 2385 |
| the notice.
In
such a case, the court of common pleas promptly | 2386 |
| shall set a
date
for hearing, which shall be not less than five | 2387 |
| nor more than
ten
days after the action is filed. The order and a | 2388 |
| copy of the
complaint shall be served on the prosecuting attorney | 2389 |
| within
three
days after the action is filed. At the hearing, the | 2390 |
| court
shall
take evidence as to whether any personal or real | 2391 |
| property,
or
beneficial interest in it, that is owned by the | 2392 |
| person
bringing
the action is covered by the notice or otherwise | 2393 |
| is
subject to
forfeiture. If the person bringing the action shows | 2394 |
|
by a
preponderance of the evidence that the notice does not apply | 2395 |
|
to
the person or that any personal or real property, or
beneficial | 2396 |
|
interest in it, that is owned by the person is
not subject to | 2397 |
|
forfeiture, the court shall enter a judgment terminating the | 2398 |
|
notice or releasing the personal or real property or beneficial | 2399 |
|
interest from the notice. | 2400 |
| (C) "Criminal conduct" means the commission of, an attempt to | 2466 |
|
commit, a conspiracy to
commit, complicity in the commission of, | 2467 |
| or solicitation, coercion, or
intimidation of another to commit, | 2468 |
| attempt to commit, conspire to commit, or
be in complicity in the | 2469 |
| commission of an offense
listed in division (B)(1)(a), (b), or
(c) | 2470 |
| of this section or an act that is committed
by a
juvenile and that | 2471 |
| would be an offense, an attempt to commit an offense, a
conspiracy | 2472 |
| to commit an offense, complicity in the commission of, or | 2473 |
|
solicitation, coercion, or intimidation of another to commit, | 2474 |
| attempt to
commit, conspire to commit, or be in complicity in the | 2475 |
| commission of an
offense
listed in division (B)(1)(a), (b), or
(c) | 2476 |
| of this section if committed by an adult. | 2477 |
| (C)(1) Notwithstanding any contrary provision of any section | 2510 |
|
of the Revised Code, the clerk of the court shall pay any fine | 2511 |
| imposed
for a violation of this section pursuant to division (A) | 2512 |
| of section
2929.18 of the Revised Code to the
county, township, | 2513 |
| municipal corporation, park district, as
created pursuant to | 2514 |
| section 511.18 or 1545.04 of the Revised
Code, or state law | 2515 |
| enforcement agencies in this state that
primarily were responsible | 2516 |
| for or involved in making the arrest
of, and in prosecuting, the | 2517 |
| offender. However, the clerk shall not pay a fine
so imposed to a | 2518 |
| law enforcement agency unless the
agency has adopted a written | 2519 |
| internal control policy under
division (C)(2) of this section that | 2520 |
| addresses the use of the
fine moneys that it receives. Each agency | 2521 |
| shall use the fines so paid
in accordance with the written | 2522 |
| internal
control policy adopted by the recipient agency under | 2523 |
| division
(C)(2) of this section
to subsidize the agency's law | 2524 |
| enforcement efforts that
pertain to criminal gangs. | 2525 |
| (2)(a) Prior to receiving any fine moneys under division | 2526 |
(C)(1) of this section or division (B)(5) of section 2923.44
of | 2527 |
|
the Revised Code, a law enforcement agency shall adopt a
written | 2528 |
|
internal control policy that addresses the agency's use and | 2529 |
|
disposition of all fine moneys so received and that provides for | 2530 |
|
the keeping of detailed financial records of the receipts of
those | 2531 |
| fine moneys, the general types of expenditures made out of
those | 2532 |
| fine moneys, and the specific amount of each general type
of | 2533 |
| expenditure. The policy shall not provide for or permit the | 2534 |
|
identification of any specific expenditure that is made in an | 2535 |
|
ongoing investigation. All financial records of the receipts of | 2536 |
|
those fine moneys, the general types of expenditures made out of | 2537 |
|
those fine moneys, and the specific amount of each general type
of | 2538 |
| expenditure by an agency are public records open for
inspection | 2539 |
| under section 149.43 of the Revised Code.
Additionally, a written | 2540 |
| internal control policy adopted under
division (C)(2)(a) of this | 2541 |
| section is a public
record open for inspection under section | 2542 |
| 149.43
of the Revised Code, and the agency that
adopted the policy | 2543 |
| shall comply with it. | 2544 |
| (b) Each law enforcement agency that receives in any
calendar | 2545 |
| year any fine moneys under division (C)(1) of this
section or | 2546 |
division (B)(5) of section 2923.44 of the Revised Code
shall | 2547 |
| prepare a report covering the calendar year that cumulates
all of | 2548 |
| the information contained in all of the public financial
records | 2549 |
| kept by the agency pursuant to division
(C)(2)(a) of
this
section | 2550 |
| for that calendar year and shall send a copy of the
cumulative | 2551 |
| report, no later than the first day of March in the
calendar year | 2552 |
| following the calendar year covered by the report,
to the attorney | 2553 |
| general. Each report received by the attorney
general is a public | 2554 |
| record open for inspection under section
149.43 of the Revised | 2555 |
| Code. Not later than the fifteenth day of April in the
calendar | 2556 |
| year in which the reports are received, the attorney general shall | 2557 |
|
send the president of the senate and the speaker of the house of | 2558 |
|
representatives a written notice that does all of the following: | 2559 |
(2) All right, title, and interest of a person in property | 2591 |
described in division (A)(1) of this section vests in the state | 2592 |
upon the person's commission of the violation
of section 2923.42 | 2593 |
of the Revised Code of
which the person is convicted or to which | 2594 |
the person pleads guilty and that is
the basis of the forfeiture, | 2595 |
or upon the juvenile's commission of
the act that
is a violation | 2596 |
of section 2923.42 of the Revised Code, that is the basis of
the | 2597 |
juvenile
being found to be a delinquent child, and that is the | 2598 |
basis of the forfeiture.
Subject to
divisions (F)(3)(b) and
(5)(b) | 2599 |
and
(G)(2) of this
section, if any right, title, or
interest in | 2600 |
property is vested
in this state under division (A)(2)
of this | 2601 |
section and subsequently
is transferred to a person other
than the | 2602 |
adult offender or the delinquent
child who forfeits the
right, | 2603 |
title, or interest in the property under division (A)(1) of
this | 2604 |
section, then,
in accordance with division (B) of this
section, | 2605 |
the right,
title, or interest in the property may be the
subject | 2606 |
of a
special verdict of forfeiture and, after any special
verdict | 2607 |
of
forfeiture, shall be ordered forfeited to this state,
unless | 2608 |
the
transferee establishes in a hearing held pursuant to
division | 2609 |
(F)
of this section that the transferee is a bona fide
purchaser | 2610 |
for
value of the right, title, or interest in the
property and | 2611 |
that, at the time
of its purchase, the transferee was
reasonably | 2612 |
without cause to
believe that it was subject to
forfeiture under | 2613 |
this section. | 2614 |
(3) The provisions of section 2923.45 of the Revised Code | 2615 |
that relate to the forfeiture of any right, title, or interest in | 2616 |
property associated with a violation of section 2923.42 of the | 2617 |
Revised Code pursuant to
a civil action to obtain a civil | 2618 |
forfeiture do not apply to the
forfeiture of any right, title, or | 2619 |
interest in property described
in division (A)(1) of this section | 2620 |
that occurs pursuant to
division (B) of this section upon a | 2621 |
person's conviction of or
guilty plea to a violation of section | 2622 |
2923.42
of the Revised Code or upon a juvenile
being found by a | 2623 |
juvenile court to be a delinquent child for an
act that is a | 2624 |
violation of section 2923.42 of the Revised Code. | 2625 |
(4) Nothing in this section precludes a financial
institution | 2626 |
that has or purports to have a security interest in
or
lien on | 2627 |
property described in division (A)(1) of this section
from | 2628 |
commencing a civil action or taking other appropriate legal
action | 2629 |
in connection with the property prior to its disposition
in | 2630 |
accordance with section 2923.46 of the Revised Code for the | 2631 |
purpose of obtaining possession of the property in order to | 2632 |
foreclose or otherwise enforce the security interest or lien. A | 2633 |
financial institution may commence a civil action or take other | 2634 |
appropriate legal action for that purpose prior to the
disposition | 2635 |
of the property in accordance with section 2923.46
of the Revised | 2636 |
Code, even if a prosecution
for a violation of section 2923.42 of | 2637 |
the Revised Code
or a delinquent child proceeding for an act that | 2638 |
is a violation of section 2923.42 of the Revised Code has been or | 2639 |
could
be commenced, even if the property is or could be the | 2640 |
subject of
an order of forfeiture issued under division (B)(5) of | 2641 |
this
section, and even if the property has been seized or is | 2642 |
subject
to seizure pursuant to division (D) or (E) of this | 2643 |
section. | 2644 |
If a financial institution commences a civil action or
takes | 2645 |
any other appropriate legal action as described in
division (A)(4) | 2646 |
of this section, if the financial institution
subsequently causes | 2647 |
the
sale of the property prior to its seizure pursuant to division | 2648 |
(D) or (E) of this section and its disposition pursuant to
section | 2649 |
2923.46 of the Revised Code, and if the person
responsible for the | 2650 |
conduct of the sale has actual knowledge of
the commencement of a | 2651 |
prosecution for a violation of
section 2923.42 of the Revised Code | 2652 |
or
of a delinquent child proceeding for an act that
is a violation | 2653 |
of section 2923.42 of the Revised Code, actual knowledge of
a | 2654 |
pending forfeiture proceeding under division (B) of this
section, | 2655 |
or actual knowledge of an order of forfeiture issued
under | 2656 |
division (B)(5) of this section, then the person
responsible for | 2657 |
the conduct of the sale shall dispose of the
proceeds of the sale | 2658 |
in the following order: | 2659 |
(a) The indictment, count in the indictment, or
information | 2685 |
charging the violation of section 2923.42 of the Revised Code | 2686 |
specifies the
nature of the right, title, or interest of the | 2687 |
alleged offender
in the property described in division (A)(1) of | 2688 |
this section that
is potentially subject to forfeiture under this | 2689 |
section, or a
description of the property of the alleged offender | 2690 |
that is
potentially subject to forfeiture under this section, to | 2691 |
the
extent the right, title, or interest in the property or the | 2692 |
property reasonably is known at the time of the filing of the | 2693 |
indictment or information; or the complaint, indictment, or | 2694 |
information charging a juvenile with being a
delinquent child for | 2695 |
the commission of an act that
is a violation of section 2923.42 of | 2696 |
the
Revised Code specifies the nature of the right,
title, or | 2697 |
interest of the
juvenile in the property described in division | 2698 |
(A)(1) of this
section that is potentially subject to forfeiture | 2699 |
under this
section, or a description of the property of the | 2700 |
juvenile that is
potentially subject to forfeiture under this | 2701 |
section, to the
extent the right, title, or interest in the | 2702 |
property or the
property reasonably is known at the time of the | 2703 |
filing of the
complaint, indictment, or information. | 2704 |
(3)(a) If a person is convicted of or pleads guilty to a | 2716 |
violation of section 2923.42 of the Revised Code or a juvenile is | 2717 |
found to be
a
delinquent child for an act that is a violation
of | 2718 |
section 2923.42 of the Revised Code, then
a special proceeding | 2719 |
shall
be conducted in accordance with division (B)(3) of this | 2720 |
section to
determine
whether any property described in division | 2721 |
(B)(1)(a)
or (b) of
this section will be the subject of an order | 2722 |
of forfeiture under
this section. Except as otherwise provided in | 2723 |
division
(B)(3)(b)
of this section, the jury in the criminal | 2724 |
action, the judge in the
delinquent child
action, or, if the | 2725 |
criminal
action was a nonjury action, the judge in that action | 2726 |
shall hear
and consider testimony and other evidence in the | 2727 |
proceeding
relative to whether any property described in division | 2728 |
(B)(1)(a)
or (b) of this section is subject to forfeiture under | 2729 |
this
section. If the jury or judge determines that the
prosecuting | 2730 |
attorney has established by a preponderance of the
evidence
that | 2731 |
any property so described is subject to forfeiture
under
this | 2732 |
section, the judge or juvenile judge shall render a
verdict
of | 2733 |
forfeiture that specifically describes the right,
title, or | 2734 |
interest in property or the property that is subject to
forfeiture | 2735 |
under this section. The Rules of Evidence shall
apply
in the | 2736 |
proceeding. | 2737 |
(5)(a) If a verdict of forfeiture is entered pursuant to | 2752 |
division (B)(3) of this section, then the court that imposes | 2753 |
sentence upon a person who is convicted of or pleads guilty to a | 2754 |
violation of
section 2923.42 of the Revised Code, or the juvenile | 2755 |
court that finds a
juvenile to be a delinquent child for an act | 2756 |
that is a violation of section
2923.42 of the Revised Code, in | 2757 |
addition to
any other sentence imposed upon the offender or order | 2758 |
of
disposition imposed upon the delinquent child, shall order that | 2759 |
the offender or delinquent child forfeit to the state all of
the | 2760 |
offender's or delinquent child's right, title, and interest in
the | 2761 |
property described in division (A)(1) of this section. If a
person | 2762 |
| is convicted of or pleads guilty to a violation of section
2923.42 | 2763 |
|
of the Revised Code, or a juvenile is found by a juvenile
court to | 2764 |
| be a
delinquent child for an act that is a violation
of
section | 2765 |
| 2923.42 of the Revised Code, and
derives profits or other
proceeds | 2766 |
| from the offense or act, the court that imposes sentence
or an | 2767 |
| order of disposition upon the offender or delinquent child,
in | 2768 |
| lieu of any fine that the
court is otherwise authorized or | 2769 |
|
required to impose, may impose upon
the offender or delinquent | 2770 |
|
child a fine of not
more than twice the gross profits or other | 2771 |
|
proceeds so derived. | 2772 |
(b)(B) Notwithstanding any contrary provision
of the Revised | 2773 |
|
Code, the clerk of the court shall pay all
fines imposed
pursuant | 2774 |
to division (B)(5) of this section to the county,
municipal | 2775 |
|
corporation, township, park district created
pursuant to section | 2776 |
|
511.18 or 1545.01 of the Revised Code,
or
state law enforcement | 2777 |
|
agencies in this state that were primarily
responsible for or | 2778 |
|
involved in making the arrest of, and in
prosecuting, the | 2779 |
|
offender. However, the clerk shall not pay a fine so
imposed to a | 2780 |
|
law enforcement agency unless the agency has adopted a
written | 2781 |
|
internal control policy pursuant to division
(C)(2) of section | 2782 |
|
2923.42 of the Revised Code that addresses the use of the fine | 2783 |
moneys that it receives under division (B)(5) of this section and | 2784 |
|
division
(C)(1)
of section 2923.42 of the Revised Code. The law | 2785 |
|
enforcement agencies shall
use the fines imposed and
paid pursuant | 2786 |
to division (B)(5) of this section to subsidize their
efforts | 2787 |
|
pertaining to criminal gangs, in accordance with the written | 2788 |
|
internal control policy adopted by the recipient agency pursuant | 2789 |
|
to division
(C)(2) of section 2923.42 of the Revised Code. | 2790 |
(6) If any of the property that is described in division | 2791 |
(A)(1) of this section and that is the subject of an order of | 2792 |
forfeiture issued under division (B)(5) of this section, because | 2793 |
of an act of the person who is convicted of or pleads
guilty to | 2794 |
the violation of section 2923.42
of the Revised Code that is the | 2795 |
basis of the
order of forfeiture or an act of the juvenile found | 2796 |
by a juvenile court to be a delinquent child for an act that
is a | 2797 |
violation of section 2923.42 of the Revised Code and
that is the | 2798 |
basis of the forfeiture, cannot be located upon the
exercise of | 2799 |
due diligence, has been transferred to, sold to, or
deposited with | 2800 |
a third party, has been placed beyond the
jurisdiction of the | 2801 |
court, has been substantially diminished in
value, or has been | 2802 |
commingled with other property that cannot be
divided without | 2803 |
difficulty, the court that issues the order of
forfeiture shall | 2804 |
order the forfeiture of any other property of
the offender or the | 2805 |
delinquent child up to the value of any forfeited property | 2806 |
described
in division (B)(6) of this section. | 2807 |
(a) Upon the filing of an indictment, complaint, or | 2831 |
information charging a person who has any right, title, or | 2832 |
interest in the property with the commission of a violation of | 2833 |
section 2923.42
of the Revised Code and alleging that the property | 2834 |
with respect to
which the order is sought will be subject to | 2835 |
forfeiture under
division (B) of this section if the person is | 2836 |
convicted of or
pleads guilty to the offense, or upon the filing | 2837 |
of a complaint,
indictment, or information alleging that a | 2838 |
juvenile who has any right,
title, or interest in the property is | 2839 |
a delinquent child because of the
commission of
an act that is a | 2840 |
violation of section 2923.42
of the Revised Code and alleging that | 2841 |
the
property with respect to
which the order is sought will be | 2842 |
subject to forfeiture under
division (B) of this section if the | 2843 |
juvenile is found to be a
delinquent child because of the | 2844 |
commission of that act; | 2845 |
(b) Except as provided in division (D)(3) of this
section, | 2846 |
prior to the filing of an indictment, complaint, or information | 2847 |
charging a person who has any right, title, or interest in the | 2848 |
property with the commission of a violation of
section 2923.42 of | 2849 |
the Revised Code, or
prior to the filing of a complaint, | 2850 |
indictment or information
alleging that a
juvenile who
has any | 2851 |
right, title, or interest in the property is a delinquent
child | 2852 |
because of the commission of an act that is a violation of section | 2853 |
2923.42 of the Revised Code, if, after notice
is given to all | 2854 |
persons known to have any right, title, or
interest in the | 2855 |
property and an opportunity to have a hearing on
the order is | 2856 |
given to those persons, the court determines both of
the | 2857 |
following: | 2858 |
(2) Except as provided in division (D)(3) of this section,
an | 2868 |
order issued under division (D)(1) of this section is
effective | 2869 |
for not more than ninety days, unless extended by the
court for | 2870 |
good cause shown or unless an indictment, complaint, or | 2871 |
information charging the commission of
a violation of section | 2872 |
2923.42 of the Revised Code or
a complaint, indictment, or | 2873 |
information alleging that a juvenile
is a delinquent child because | 2874 |
of the commission of an act that
is a violation of section 2923.42 | 2875 |
of the Revised Code, is filed against
any alleged adult offender | 2876 |
or alleged delinquent child with any
right, title, or interest in | 2877 |
the property that is the subject of
the order. | 2878 |
(3) A court may issue an order under division
(D)(1)(b) of | 2879 |
this section without giving notice or an opportunity for a
hearing | 2880 |
to persons known to have any right, title, or interest in
property | 2881 |
if the prosecuting attorney who is prosecuting or has
jurisdiction | 2882 |
to prosecute the violation of section 2923.42 of the Revised Code | 2883 |
demonstrates that there is probable cause to believe that the | 2884 |
property will be subject to forfeiture under division (B) of this | 2885 |
section if a person with any right, title, or interest in the | 2886 |
property is convicted of or pleads guilty to a violation of | 2887 |
section 2923.42
of the Revised Code or a juvenile with any right, | 2888 |
title, or interest in the
property is found by a juvenile court to | 2889 |
be a delinquent child
for an act that is a violation of section | 2890 |
2923.42 of the Revised Code and that giving notice
or an | 2891 |
opportunity for a
hearing to persons with any right, title, or | 2892 |
interest in the
property will jeopardize its availability for | 2893 |
forfeiture. The
order shall be a temporary order and shall expire | 2894 |
not more than ten
days after the date on which it is entered, | 2895 |
unless it is extended
for good cause shown or unless a person with | 2896 |
any right, title, or
interest in the property that is the subject | 2897 |
of the order
consents to an extension for a longer period. A | 2898 |
hearing
concerning an order issued under division (D)(3) of this | 2899 |
section may
be requested,
and, if it is requested, the court shall | 2900 |
hold the hearing at the
earliest possible time prior to the | 2901 |
expiration of the order. | 2902 |
(4) At any hearing held under division (D) of this
section, | 2903 |
the court may receive and consider evidence and
information that | 2904 |
is inadmissible under the Rules of
Evidence.
Each hearing held | 2905 |
under division (D) of this section
shall be recorded by shorthand, | 2906 |
by stenotype, or by any other
mechanical, electronic, or video | 2907 |
recording device. If, as a
result of a hearing under division (D) | 2908 |
of this section, property
would be seized, the recording of and | 2909 |
any transcript of the
recording of that hearing shall not be a | 2910 |
public record for
purposes of section 149.43 of the Revised Code | 2911 |
until that
property has been seized pursuant to division (D) of | 2912 |
this
section. Division (D)(4) of this section
does not require, | 2913 |
authorize, or permit the making available for inspection, or the | 2914 |
copying, under section 149.43 of the Revised Code of any | 2915 |
confidential law enforcement investigatory record or trial | 2916 |
preparation record, as defined in that section. | 2917 |
(5) A prosecuting attorney or other law enforcement
officer | 2918 |
may request the court of common pleas of the county in
which | 2919 |
property subject to forfeiture under this section is
located to | 2920 |
issue a warrant authorizing the seizure of that
property. The | 2921 |
request shall be made in the same manner as
provided for a search | 2922 |
warrant. If the court determines that
there is probable cause to | 2923 |
believe that the property to be seized
will be subject to | 2924 |
forfeiture under this section when a person
with any right, title, | 2925 |
or interest in the property is convicted
of or pleads guilty to a | 2926 |
violation of
section 2923.42 of the Revised Code or when a | 2927 |
juvenile with any right, title, or interest in the property is | 2928 |
found by a juvenile court to be a delinquent child for an act
that | 2929 |
is a violation of section 2923.42 of the Revised Code and if the | 2930 |
court
determines that
any order issued under
division (D)(1), (2), | 2931 |
or (3) of this section may not be
sufficient to ensure the | 2932 |
availability of the property for
forfeiture, the court shall issue | 2933 |
a warrant authorizing the
seizure of the property. | 2934 |
(E)(1) Upon the entry of an order of forfeiture under this | 2935 |
section, the court shall order an appropriate law enforcement | 2936 |
officer to seize all of the forfeited property upon the terms and | 2937 |
conditions that the court determines are proper. In addition,
upon | 2938 |
the request of the prosecuting attorney who prosecuted the
offense | 2939 |
or act in violation of section 2923.42
of the Revised
Code, the | 2940 |
court shall enter any
appropriate restraining orders or | 2941 |
injunctions, require the
execution of satisfactory performance | 2942 |
bonds, appoint receivers,
conservators, appraisers, accountants, | 2943 |
or trustees, or take any
other action to protect the interest of | 2944 |
the state in the
forfeited property. Any income accruing to or | 2945 |
derived from
property ordered forfeited under this section may be | 2946 |
used to
offset ordinary and necessary expenses related to the | 2947 |
property
that are required by law or that are necessary to protect | 2948 |
the
interest of the state or third parties. | 2949 |
After forfeited property is seized, the prosecuting
attorney | 2950 |
who prosecuted the offense or act in violation of section 2923.42 | 2951 |
of the Revised Code shall direct its disposition
in accordance | 2952 |
with section 2923.46
of the Revised Code, making due provision for | 2953 |
the rights of
any innocent persons. Any right, title, or interest | 2954 |
in property not
exercisable by, or transferable for value to, the | 2955 |
state shall
expire and shall not revert to the offender whose | 2956 |
conviction or
plea of guilty or act as a delinquent child is the | 2957 |
basis of the
order of forfeiture. Neither the adult offender or | 2958 |
delinquent
child nor any person acting in concert with or on | 2959 |
behalf
of the adult offender or delinquent child
is eligible to | 2960 |
purchase forfeited property at any sale held
pursuant to section | 2961 |
2923.46 of the Revised Code. | 2962 |
Upon the application of any person other than the adult | 2963 |
offender or delinquent child whose right, title, or interest in | 2964 |
the property is the subject of the order of forfeiture or any | 2965 |
person acting in concert with or on behalf of the adult offender | 2966 |
or delinquent
child, the court may
restrain or stay the sale or | 2967 |
other disposition of the property
pursuant to section 2923.46 of | 2968 |
the Revised Code pending the
conclusion of any appeal of the | 2969 |
conviction or of the delinquent child
adjudication that is the | 2970 |
basis of the order of forfeiture, if the applicant demonstrates | 2971 |
that proceeding with the sale or other disposition of the
property | 2972 |
will result in irreparable injury or loss to the applicant. | 2973 |
(3) To facilitate the identification and location of
property | 2996 |
that is the subject of an order of forfeiture under this
section | 2997 |
and to facilitate the disposition of petitions for
remission or | 2998 |
mitigation issued under division (E)(2) of this
section, after the | 2999 |
issuance of an order of forfeiture under this
section and upon | 3000 |
application by the prosecuting attorney who
prosecuted the offense | 3001 |
or act in violation of
section 2923.42 of
the Revised Code, the | 3002 |
court
may
order that the testimony of any
witness relating to the | 3003 |
forfeited
property be taken by deposition,
and that any designated | 3004 |
book,
paper, document, record, recording,
or other material that | 3005 |
is not
privileged be produced at the same
time and place as the | 3006 |
testimony, in the same manner as provided
for the taking of | 3007 |
depositions under the Rules of Civil Procedure. | 3008 |
(F)(1) Except as provided in divisions (F)(2) to (5) of
this | 3009 |
section, no person claiming any right, title, or interest in | 3010 |
property subject to forfeiture under this section or section | 3011 |
2923.45 of the Revised Code may intervene in a criminal
trial or | 3012 |
appeal, or a delinquent child proceeding or appeal, involving the | 3013 |
forfeiture of the property under this section or in a civil
action | 3014 |
for a civil forfeiture under section 2923.45 of the
Revised Code | 3015 |
or may commence an action at law or equity
against the state | 3016 |
concerning the validity of the person's alleged right,
title, or | 3017 |
interest in the property subsequent to the filing of an | 3018 |
indictment, complaint, or information alleging that the property | 3019 |
is subject to forfeiture under this section or subsequent to the | 3020 |
filing of a complaint, indictment, or information alleging that
a | 3021 |
juvenile who has any right,
title, or interest in the property is | 3022 |
a delinquent child because
of the commission of an act that is a | 3023 |
violation of
section 2923.42 of the Revised Code and
alleging that | 3024 |
the property is
subject to forfeiture under this section. | 3025 |
(2) After the entry of an order of forfeiture under this | 3026 |
section, the prosecuting attorney who prosecuted the offense or | 3027 |
act in
violation of section 2923.42 of the Revised Code shall | 3028 |
conduct or cause to be conducted a
search of the appropriate | 3029 |
public records that relate to the
property and shall make or cause | 3030 |
to be made reasonably diligent
inquiries for the purpose of | 3031 |
identifying persons who have any
right, title, or interest in the | 3032 |
property. The prosecuting
attorney then shall cause a notice of | 3033 |
the order of forfeiture, of
the prosecuting attorney's intent to | 3034 |
dispose of the property in
accordance with section 2923.46 of the | 3035 |
Revised Code, and of
the manner of the proposed
disposal to be | 3036 |
given by certified mail, return receipt requested, or by
personal | 3037 |
service to each person who is known, because of the
conduct of the | 3038 |
search, the making of the inquiries, or otherwise,
to have any | 3039 |
right, title, or interest in the property.
Additionally, the | 3040 |
prosecuting attorney shall cause a similar
notice to be published | 3041 |
once a week for two consecutive weeks in a
newspaper of general | 3042 |
circulation in the county in which the
property was seized. | 3043 |
(3)(a) Any person, other than the adult offender whose | 3044 |
conviction or guilty plea or the delinquent child whose | 3045 |
adjudication is the basis of the order of forfeiture, who asserts | 3046 |
a legal right, title, or interest in the property that is the | 3047 |
subject of the order may petition the court that issued the
order, | 3048 |
within thirty days after the earlier of the final
publication of | 3049 |
notice or the person's receipt of notice under
division (F)(2) of | 3050 |
this section, for a hearing to adjudicate the
validity
of the | 3051 |
person's alleged right, title, or interest in the property.
The | 3052 |
petition shall be signed by the petitioner under the penalties
for | 3053 |
falsification as specified in section 2921.13 of the Revised
Code | 3054 |
and shall set forth the nature and extent of the
petitioner's | 3055 |
right, title, or interest in the property, the time
and | 3056 |
circumstances of the petitioner's acquisition of that right, | 3057 |
title, or interest, any additional facts supporting the | 3058 |
petitioner's claim,
and the relief sought. | 3059 |
(b) In lieu of filing a petition as described in division | 3060 |
(F)(3)(a) of this section, a secured party or other
lienholder of | 3061 |
record that asserts a legal right, title, or interest in the | 3062 |
property that is the subject of the order, including, but not | 3063 |
limited to, a mortgage, security interest, or other type of lien, | 3064 |
may file an affidavit as described in division (F)(3)(b)
of this | 3065 |
section to establish
the validity of the alleged right, title, or | 3066 |
interest in the
property. The secured party or lienholder shall | 3067 |
file the affidavit within
thirty days after
the earlier of the | 3068 |
final publication of notice or the receipt of
notice under | 3069 |
division (F)(2) of this section and, except as
otherwise provided | 3070 |
in this section, the affidavit shall constitute prima-facie | 3071 |
evidence of the validity of the secured party's or other | 3072 |
lienholder's alleged right, title, or interest in the property.
| 3073 |
Unless the prosecuting attorney files a motion challenging the | 3074 |
affidavit within ten days after its filing and unless the | 3075 |
prosecuting attorney establishes by a preponderance of the | 3076 |
evidence at a subsequent hearing before the court that issued
the | 3077 |
forfeiture order, that the secured party or other lienholder
does | 3078 |
not possess the alleged right, title, or interest in the
property | 3079 |
or that the secured party or other lienholder had actual
knowledge | 3080 |
of facts pertaining to the violation that was the basis of the | 3081 |
forfeiture order, the affidavit
shall constitute conclusive | 3082 |
evidence of the validity of the
secured party's or other | 3083 |
lienholder's right, title, or interest
in the property and shall | 3084 |
have the legal effect described in
division (G)(2) of this | 3085 |
section. To the extent practicable and
consistent with the | 3086 |
interests of justice, the court shall hold any hearing
held | 3087 |
pursuant to division (F)(3)(b) of this section
within thirty days | 3088 |
after the prosecuting attorney files
the motion. At any such | 3089 |
hearing, the prosecuting attorney and
the secured party or other | 3090 |
lienholder may present evidence and
witnesses and may | 3091 |
cross-examine witnesses. | 3092 |
In order to be valid for the purposes of this division and | 3093 |
division (G)(2) of this section, the affidavit of a secured party | 3094 |
or other lienholder shall contain averments that the secured
party | 3095 |
or other lienholder acquired its alleged right, title, or
interest | 3096 |
in the property in the regular course of its business,
for a | 3097 |
specified valuable consideration, without actual knowledge
of any | 3098 |
facts pertaining to the violation that was the basis of the | 3099 |
forfeiture
order, in good faith and
without the intent to prevent | 3100 |
or otherwise impede the state from
seizing or obtaining a | 3101 |
forfeiture of the property under sections
2923.44 to 2923.47 of | 3102 |
the Revised Code, and prior to the
seizure or forfeiture of the | 3103 |
property under those sections. | 3104 |
(4) Upon receipt of a petition filed under division (F)(3)
of | 3105 |
this section, the court shall hold a hearing to determine the | 3106 |
validity of the petitioner's right, title, or interest in the | 3107 |
property that is the subject of the order of forfeiture. To the | 3108 |
extent practicable and consistent with the interests of justice, | 3109 |
the court shall hold the hearing within thirty days after the | 3110 |
filing of
the petition. The court may consolidate the hearing on | 3111 |
the
petition with a hearing on any other petition filed by a | 3112 |
person
other than the offender whose conviction or guilty plea or | 3113 |
adjudication as a delinquent child is the basis of the order of | 3114 |
forfeiture. At the hearing, the petitioner may testify, present | 3115 |
evidence and witnesses on the petitioner's behalf, and | 3116 |
cross-examine witnesses
for the state. The state may present | 3117 |
evidence and witnesses in
rebuttal and in defense of its claim to | 3118 |
the property and
cross-examine witnesses for the petitioner. In | 3119 |
addition to
evidence and testimony presented at the hearing, the | 3120 |
court shall
consider the relevant portions of the record in the | 3121 |
case that resulted in the
order
of forfeiture. | 3122 |
(b) The court also shall amend its order of forfeiture to | 3139 |
reflect any right, title, or interest of a secured party or other | 3140 |
lienholder of record in the property subject to the order that
was | 3141 |
established pursuant to division (F)(3)(b) of
this section by | 3142 |
means of an affidavit, or that was established pursuant to
that | 3143 |
division by the failure of a prosecuting attorney to establish,
in | 3144 |
a hearing as described in that division, that the secured
party or | 3145 |
other lienholder did not possess the alleged right,
title, or | 3146 |
interest in the property or that the secured party or
other | 3147 |
lienholder had actual knowledge of facts pertaining to the | 3148 |
violation that was the basis of the order. | 3149 |
(2) If an affidavit as described in division
(F)(3)(b) of | 3158 |
this section is filed in accordance with that division, if the | 3159 |
affidavit constitutes under the circumstances described in that | 3160 |
division conclusive evidence of the validity of the right,
title, | 3161 |
or interest of a secured party or other lienholder of
record in | 3162 |
the property subject to a forfeiture order, and if any
mortgage, | 3163 |
security interest, or other type of lien possessed by
the secured | 3164 |
party or other lienholder in connection with the
property is not | 3165 |
satisfied prior to a sale or other disposition of
the property | 3166 |
pursuant to section 2923.46 of the Revised
Code,
then the right, | 3167 |
title, or interest of the secured party or other
lienholder in the | 3168 |
property remains valid for purposes of sections
2923.44 to 2923.47 | 3169 |
of the Revised Code and any subsequent
purchaser or other | 3170 |
transferee of the property pursuant to section
2923.46 of the | 3171 |
Revised Code shall take the property subject
to the continued | 3172 |
validity of the right, title, or interest of the
secured party or | 3173 |
other lienholder in the property. | 3174 |
| (3) Any person who sells, offers for sale, prescribes, | 3192 |
|
dispenses, or administers for livestock or other nonhuman species | 3193 |
|
an anabolic steroid that is expressly intended for administration | 3194 |
|
through implants to livestock or other nonhuman species and | 3195 |
|
approved for that purpose under the
"Federal Food, Drug, and | 3196 |
|
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, | 3197 |
|
and is sold, offered for sale, prescribed, dispensed, or | 3198 |
|
administered for that purpose in accordance with that act. | 3199 |
| (c) Except as otherwise provided in this division, if the | 3219 |
|
amount
of the drug involved equals or exceeds
the bulk amount but | 3220 |
|
is less than five times the
bulk amount, aggravated
trafficking in | 3221 |
|
drugs
is a felony of the third degree, and the court shall impose | 3222 |
|
as a
mandatory prison term one of the prison terms prescribed for | 3223 |
|
a
felony of the third degree. If the amount of the drug involved | 3224 |
|
is within that range and if the offense was committed in the | 3225 |
|
vicinity of a school or in the vicinity of a juvenile, aggravated | 3226 |
|
trafficking in drugs is a felony of the second degree, and the | 3227 |
|
court shall impose as a mandatory prison term one of the prison | 3228 |
|
terms prescribed for a felony of the second degree. | 3229 |
| (d) Except as otherwise provided in this division, if the | 3230 |
|
amount
of the drug involved equals or exceeds
five times the bulk | 3231 |
|
amount but is less than
fifty times the bulk amount,
aggravated | 3232 |
|
trafficking in drugs is a felony of the second degree, and the | 3233 |
|
court shall impose as a mandatory prison term one of the prison | 3234 |
|
terms prescribed for a felony of the second degree. If the
amount | 3235 |
|
of the drug involved is within that range and if the
offense was | 3236 |
|
committed in the vicinity of a school or in the
vicinity of a | 3237 |
|
juvenile, aggravated trafficking in drugs is a
felony of the first | 3238 |
|
degree, and the court shall impose as a
mandatory prison term one | 3239 |
|
of the prison terms prescribed for a
felony of the first degree. | 3240 |
| (e) Except as otherwise provided in this division, if the | 3292 |
|
amount
of the drug involved equals or exceeds
fifty times the bulk | 3293 |
|
amount, trafficking in drugs is a felony of the second
degree, and | 3294 |
|
the
court shall impose as a mandatory prison term one of the | 3295 |
|
prison
terms prescribed for a felony of the second degree. If the | 3296 |
|
amount of the drug involved equals or exceeds fifty times the bulk | 3297 |
|
amount
and if the offense was committed in the vicinity of a | 3298 |
|
school or
in the vicinity of a juvenile, trafficking in drugs is a | 3299 |
|
felony
of the first degree, and the court shall impose as a | 3300 |
|
mandatory
prison term one of the prison terms prescribed for a | 3301 |
|
felony of
the first degree. | 3302 |
| (c) Except as otherwise provided in this division, if the | 3319 |
|
amount
of the drug involved equals or exceeds
two hundred grams | 3320 |
|
but is less than one thousand
grams, trafficking in
marihuana is a | 3321 |
|
felony
of the fourth degree, and division (C) of section 2929.13 | 3322 |
|
of the Revised Code
applies in determining whether
to impose a | 3323 |
|
prison term on the offender. If the amount of the drug
involved
is | 3324 |
| within that range and if the offense was committed in
the
vicinity | 3325 |
| of a school or in the vicinity of a juvenile,
trafficking
in | 3326 |
| marihuana is a felony of the third degree, and
division (C) of | 3327 |
|
section 2929.13 of the Revised Code applies in determining
whether | 3328 |
|
to impose a prison term on the offender. | 3329 |
| (f) Except as otherwise provided in this division, if the | 3350 |
|
amount
of the drug involved equals or exceeds
twenty thousand | 3351 |
|
grams, trafficking in marihuana is a felony of the second
degree, | 3352 |
|
and
the court shall impose as a mandatory prison term the maximum | 3353 |
|
prison term prescribed for a felony of the second degree. If the | 3354 |
|
amount of the drug involved equals or exceeds twenty thousand | 3355 |
|
grams and
if
the offense was committed in the vicinity of a school | 3356 |
|
or in the
vicinity of a juvenile, trafficking in marihuana is a | 3357 |
|
felony of
the first degree, and the court shall impose as a | 3358 |
|
mandatory
prison term the maximum prison term prescribed for a | 3359 |
|
felony of
the first degree. | 3360 |
| (d) Except as otherwise provided in this division, if the | 3396 |
|
amount
of the drug involved equals or exceeds ten grams but is | 3397 |
|
less than
one hundred grams
of cocaine that is not crack cocaine | 3398 |
|
or
equals or exceeds five grams but is less than ten grams of | 3399 |
|
crack
cocaine, trafficking in
cocaine is a felony of
the third | 3400 |
|
degree, and the court shall impose as a mandatory prison
term one | 3401 |
|
of the prison terms prescribed for a felony of the third
degree. | 3402 |
|
If the amount of the drug involved is within one of those ranges | 3403 |
|
and
if the
offense was committed in the vicinity of a school or
in | 3404 |
|
the vicinity of a juvenile,
trafficking in cocaine is a
felony
of | 3405 |
|
the second degree, and the court shall impose as a mandatory | 3406 |
|
prison term one of the prison terms prescribed for a felony of
the | 3407 |
|
second degree. | 3408 |
| (e) Except as otherwise provided in this division, if the | 3409 |
|
amount
of the drug involved equals or exceeds one hundred grams | 3410 |
|
but is less
than five
hundred grams of cocaine that is not crack | 3411 |
|
cocaine or equals or exceeds ten grams
but is less than | 3412 |
|
twenty-five grams of crack
cocaine,
trafficking in cocaine is a | 3413 |
|
felony of
the second degree, and the court shall impose as a | 3414 |
|
mandatory
prison term one of the prison terms prescribed for a | 3415 |
|
felony of
the second degree. If the amount of the drug involved
is | 3416 |
| within
one of those ranges and
if the offense was committed in
the | 3417 |
| vicinity of a
school or in the vicinity of a juvenile,
trafficking | 3418 |
| in
cocaine
is a felony of the first degree, and the
court shall | 3419 |
| impose as a
mandatory prison term one of the prison
terms | 3420 |
| prescribed for a
felony of the first degree. | 3421 |
| (c) Except as otherwise provided in this division, if the | 3458 |
|
amount
of the drug involved equals or exceeds
ten unit doses but | 3459 |
|
is less than fifty unit doses
of L.S.D. in a solid form or equals | 3460 |
|
or exceeds one gram
but is less than five grams of L.S.D. in a | 3461 |
|
liquid
concentrate, liquid
extract, or liquid distillate form, | 3462 |
|
trafficking in
L.S.D. is a felony of the fourth degree,
and there | 3463 |
|
is a presumption for a prison term for the offense. If
the amount | 3464 |
|
of the drug involved is within that range and if the
offense was | 3465 |
|
committed in the vicinity of a school or in the
vicinity of a | 3466 |
|
juvenile, trafficking in
L.S.D. is a felony of the third degree, | 3467 |
|
and there is a presumption for a prison term for the offense. | 3468 |
| (d) Except as otherwise provided in this division, if the | 3469 |
|
amount
of the drug involved equals or exceeds
fifty unit doses but | 3470 |
|
is less than two hundred
fifty unit doses
of L.S.D. in a solid | 3471 |
|
form or equals or exceeds five grams
but is less than twenty-five | 3472 |
|
grams of L.S.D. in a liquid
concentrate,
liquid extract, or liquid | 3473 |
|
distillate form,
trafficking
in
L.S.D. is a felony of the third | 3474 |
|
degree,
and the court shall impose as a mandatory prison term one | 3475 |
|
of the
prison terms prescribed for a felony of the third degree. | 3476 |
|
If the
amount of the drug involved is within that range and if the | 3477 |
|
offense was committed in the vicinity of a school or in the | 3478 |
|
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the | 3479 |
|
second degree,
and the court shall impose as a mandatory prison | 3480 |
|
term one of the
prison terms prescribed for a felony of the second | 3481 |
|
degree. | 3482 |
| (e) Except as otherwise provided in this division, if the | 3483 |
|
amount
of the drug involved equals or exceeds
two hundred fifty | 3484 |
|
unit doses but is less than
one thousand
unit doses
of L.S.D. in a | 3485 |
|
solid form or equals or exceeds twenty-five
grams but
is less than | 3486 |
|
one hundred grams of L.S.D. in a
liquid
concentrate, liquid | 3487 |
|
extract, or liquid distillate form,
trafficking in
L.S.D. is a | 3488 |
|
felony of the second degree,
and the court shall impose as a | 3489 |
|
mandatory prison term one of the
prison terms prescribed for a | 3490 |
|
felony of the second degree. If
the amount of the drug involved
is | 3491 |
| within that range and if the
offense was committed in the
vicinity | 3492 |
| of a school or in the
vicinity of a juvenile, trafficking
in | 3493 |
|
L.S.D. is a felony of the first degree,
and the court shall
impose | 3494 |
| as a mandatory prison term one of the
prison terms
prescribed for | 3495 |
| a felony of the first degree. | 3496 |
| (g) If the amount of the drug involved equals or exceeds
five | 3507 |
| thousand unit doses
of L.S.D. in a solid form or equals or
exceeds | 3508 |
| five
hundred grams of
L.S.D. in a liquid concentrate,
liquid | 3509 |
| extract, or
liquid
distillate form
and regardless of
whether the | 3510 |
| offense was committed
in the vicinity of a school or
in the | 3511 |
| vicinity of a juvenile, trafficking in
L.S.D. is
a
felony
of the | 3512 |
| first degree, the offender is a major drug
offender, and
the court | 3513 |
| shall impose as a
mandatory prison term the maximum
prison term | 3514 |
| prescribed for a
felony of the first degree and may
impose an | 3515 |
| additional mandatory
prison term prescribed for a major
drug | 3516 |
| offender under
division (D)(3)(b) of section 2929.14 of
the | 3517 |
|
Revised Code. | 3518 |
| (e) Except as otherwise provided in this division, if the | 3555 |
|
amount
of the drug involved equals or exceeds one hundred unit | 3556 |
|
doses but is less
than five hundred unit doses or equals or | 3557 |
|
exceeds
ten grams but is less than fifty grams,
trafficking in | 3558 |
|
heroin is a felony
of the second degree,
and the court shall | 3559 |
|
impose as a mandatory prison term one of the
prison terms | 3560 |
|
prescribed for a felony of the second degree. If
the amount of
the | 3561 |
| drug involved is within that range and if the
offense was | 3562 |
|
committed in the vicinity of a school or in the
vicinity of a | 3563 |
|
juvenile, trafficking in heroin is a felony of the
first degree, | 3564 |
|
and the court shall impose as a mandatory prison
term one of the | 3565 |
|
prison terms prescribed for a felony of the first
degree. | 3566 |
| (c) Except as otherwise provided in this division, if the | 3601 |
|
amount
of the drug involved equals or exceeds ten grams but is | 3602 |
|
less than
fifty grams of
hashish in a solid form or equals or | 3603 |
|
exceeds two grams but is less
than ten grams of
hashish in a | 3604 |
|
liquid concentrate, liquid extract, or liquid distillate form, | 3605 |
|
trafficking in hashish is a felony of the fourth
degree, and | 3606 |
|
division (C) of section 2929.13 of the Revised Code applies in | 3607 |
|
determining whether to impose a prison term on the offender. If | 3608 |
|
the amount of
the drug involved is within that range
and if the | 3609 |
|
offense was committed in the vicinity of a school or
in the | 3610 |
|
vicinity of a juvenile, trafficking in hashish is a felony
of the | 3611 |
|
third degree, and division (C) of section 2929.13 of the Revised | 3612 |
|
Code
applies
in determining whether to impose a prison term on the | 3613 |
|
offender. | 3614 |
| (d) Except as otherwise provided in this division, if the | 3615 |
|
amount
of the drug involved equals or exceeds fifty grams but is | 3616 |
|
less
than two hundred fifty
grams of hashish in a solid form or | 3617 |
|
equals or exceeds ten grams but
is less than
fifty grams of | 3618 |
|
hashish in a liquid concentrate, liquid extract, or liquid | 3619 |
|
distillate form, trafficking in hashish is a
felony of the
third | 3620 |
|
degree, and division (C) of section 2929.13 of the Revised Code | 3621 |
|
applies
in
determining whether to impose a prison term on the | 3622 |
|
offender. If the amount of
the drug involved is within that range | 3623 |
|
and if the offense was committed in the vicinity of a school or
in | 3624 |
|
the vicinity of a juvenile, trafficking in hashish is a felony
of | 3625 |
|
the second degree, and
there is a presumption that a prison term | 3626 |
|
shall be imposed for the offense. | 3627 |
| (e) Except as otherwise provided in this division, if the | 3628 |
|
amount
of the drug involved equals or exceeds two hundred fifty | 3629 |
|
grams but
is less than one
thousand grams of hashish in a solid | 3630 |
|
form or equals or exceeds fifty
grams but is less than two hundred | 3631 |
|
grams of hashish in a liquid
concentrate, liquid extract,
or | 3632 |
|
liquid distillate form, trafficking in hashish is a felony of
the | 3633 |
|
third degree, and there is a presumption that a prison term shall | 3634 |
|
be
imposed for the offense. If the amount of the drug involved is | 3635 |
|
within
that range and if the offense was committed in the vicinity | 3636 |
|
of a
school or in the vicinity of a juvenile, trafficking in | 3637 |
|
hashish
is a felony of the second degree, and there is a | 3638 |
|
presumption that a prison
term shall be imposed for the offense. | 3639 |
| (f) Except as otherwise provided in this division, if the | 3640 |
|
amount
of the drug involved equals or exceeds
one thousand grams | 3641 |
|
of hashish in a solid form or equals or exceeds two
hundred grams | 3642 |
|
of
hashish in a liquid concentrate, liquid extract, or liquid | 3643 |
|
distillate form,
trafficking in
hashish is a felony of the second | 3644 |
|
degree, and the court shall
impose as a mandatory prison term the | 3645 |
|
maximum prison term
prescribed for a felony of the second degree. | 3646 |
|
If the amount of the drug
involved
is within that range
and if the | 3647 |
|
offense was committed in the vicinity of a school or in the | 3648 |
|
vicinity of a juvenile, trafficking in hashish is a felony of
the | 3649 |
|
first degree,
and the court shall impose as a mandatory prison | 3650 |
|
term the maximum
prison term prescribed for a felony of the first | 3651 |
|
degree. | 3652 |
| (1) If the violation of division (A) of this
section is a | 3661 |
|
felony of the first, second, or third degree, the
court shall | 3662 |
|
impose upon the offender the mandatory fine specified
for the | 3663 |
|
offense under division (B)(1) of section 2929.18
of the Revised | 3664 |
|
Code unless, as specified in that
division, the court determines | 3665 |
|
that the offender is indigent. Except as
otherwise provided in | 3666 |
|
division (H)(1) of this section, a
mandatory fine or any other | 3667 |
|
fine imposed for a violation of this
section is subject to | 3668 |
|
division (F) of this
section. If a person is charged with a | 3669 |
|
violation of this section
that is a felony of the first, second, | 3670 |
|
or third degree, posts
bail, and forfeits the bail, the clerk of | 3671 |
|
the court shall pay the
forfeited bail
pursuant to divisions | 3672 |
|
(D)(1) and
(F) of this section, as if the forfeited bail was a | 3673 |
|
fine
imposed for a violation of this section. If any amount of
the | 3674 |
| forfeited bail
remains after that payment and if a fine is
imposed | 3675 |
| under division (H)(1) of
this section, the clerk of the
court | 3676 |
| shall pay the remaining amount of the
forfeited bail
pursuant to | 3677 |
| divisions (H)(2) and (3) of this section, as if
that
remaining | 3678 |
| amount was a fine imposed under division (H)(1) of this
section. | 3679 |
| (E) When a person is charged with the
sale of or offer to | 3686 |
|
sell a bulk amount
or a multiple of a bulk amount of a controlled | 3687 |
|
substance, the jury, or the
court trying the
accused, shall | 3688 |
|
determine the amount of the controlled substance
involved at the | 3689 |
|
time of the offense and, if a guilty verdict is
returned, shall | 3690 |
|
return the findings as part of the verdict. In
any such case, it | 3691 |
|
is unnecessary to find and return the exact
amount of the | 3692 |
|
controlled substance involved, and it is sufficient if the
finding | 3693 |
|
and return is to the effect that the amount of the
controlled | 3694 |
|
substance involved is the requisite
amount, or that the amount of | 3695 |
|
the controlled
substance involved is less than the requisite | 3696 |
|
amount. | 3697 |
| (F)(1) Notwithstanding any contrary provision of section | 3698 |
|
3719.21 of the Revised Code and except as provided in division (H) | 3699 |
|
of this
section, the clerk of the court shall pay any mandatory | 3700 |
|
fine imposed pursuant
to division (D)(1) of this section and any | 3701 |
|
fine other than a
mandatory fine that is imposed for
a violation | 3702 |
|
of this section pursuant to division (A) or (B)(5) of section | 3703 |
|
2929.18 of the Revised Code to the
county, township, municipal | 3704 |
|
corporation, park district, as
created pursuant to section 511.18 | 3705 |
|
or 1545.04 of the Revised
Code, or state law enforcement agencies | 3706 |
|
in this state that
primarily were responsible for or involved in | 3707 |
|
making the arrest
of, and in prosecuting, the offender. However, | 3708 |
|
the clerk shall not
pay a mandatory fine
so imposed to a law | 3709 |
|
enforcement agency unless the
agency has adopted a written | 3710 |
|
internal control policy under
division (F)(2) of this section that | 3711 |
|
addresses the use of
the
fine moneys that it receives. Each
agency | 3712 |
| shall use
the mandatory fines so paid to subsidize the
agency's | 3713 |
| law enforcement
efforts that
pertain to drug offenses, in | 3714 |
|
accordance with the written internal
control policy adopted by the | 3715 |
|
recipient agency under division
(F)(2) of this section. | 3716 |
| (2)(a) Prior to receiving any fine moneys under division | 3717 |
(F)(1) of this section or division (B)(5) of section 2925.42 of | 3718 |
|
the Revised Code, a law enforcement agency shall adopt a written | 3719 |
|
internal control policy that addresses the agency's use and | 3720 |
|
disposition of all fine moneys so received and that provides for | 3721 |
|
the keeping of detailed financial records of the receipts of
those | 3722 |
|
fine moneys, the general types of expenditures made out of
those | 3723 |
|
fine moneys, and the specific amount of each general type
of | 3724 |
|
expenditure. The policy shall not provide for or permit the | 3725 |
|
identification of any specific expenditure that is made in an | 3726 |
|
ongoing investigation. All financial records of the receipts of | 3727 |
|
those fine moneys, the general types of expenditures made out of | 3728 |
|
those fine moneys, and the specific amount of each general type
of | 3729 |
|
expenditure by an agency are public records open for
inspection | 3730 |
|
under section 149.43 of the Revised Code.
Additionally, a written | 3731 |
|
internal control policy adopted under
this division is such a | 3732 |
|
public record, and the agency that
adopted it shall comply with | 3733 |
|
it. | 3734 |
| (b) Each law enforcement agency that receives in any
calendar | 3735 |
| year any fine moneys under division (F)(1) of this
section or | 3736 |
division (B)(5) of section 2925.42 of the Revised Code
shall | 3737 |
| prepare a report covering the calendar year that cumulates
all of | 3738 |
| the information contained in all of the public financial
records | 3739 |
| kept by the agency pursuant to division (F)(2)(a) of this
section | 3740 |
| for that calendar year, and shall send a copy of the
cumulative | 3741 |
| report, no later than the first day of March in the
calendar year | 3742 |
| following the calendar year covered by the report,
to the attorney | 3743 |
| general. Each report received by the attorney
general is a public | 3744 |
| record open for inspection under section
149.43 of the Revised | 3745 |
| Code. Not later than the fifteenth
day of
April in the calendar | 3746 |
| year in which the reports
are received, the
attorney general shall | 3747 |
| send
to the president of the senate
and the
speaker of the house | 3748 |
| of representatives
a written notification
that does all of the | 3749 |
| following: | 3750 |
| (G) When required under division
(D)(2) of
this section
or | 3765 |
|
any other provision of this chapter, the court
shall suspend for | 3766 |
|
not less than six months
or
more than five years the driver's or | 3767 |
|
commercial driver's license
or permit
of any person who is | 3768 |
|
convicted of or pleads guilty to
any
violation of this section
or | 3769 |
|
any other specified
provision of this chapter. If an offender's | 3770 |
|
driver's or
commercial driver's license or permit is
suspended | 3771 |
|
pursuant to this
division,
the offender, at any time after the | 3772 |
|
expiration of two years from
the day on which the offender's | 3773 |
|
sentence was imposed or from the
day on
which the offender finally | 3774 |
|
was released from a
prison
term under the
sentence, whichever is | 3775 |
|
later, may file a motion with the
sentencing court requesting | 3776 |
|
termination of the
suspension; upon
the filing of such
a motion | 3777 |
|
and the court's finding of good cause
for the
termination, the | 3778 |
|
court may terminate the
suspension. | 3779 |
| (H)(1) In addition to any prison term
authorized or required | 3780 |
|
by division (C) of this section and
sections 2929.13 and 2929.14 | 3781 |
|
of the
Revised Code, in addition to any other
penalty or sanction | 3782 |
|
imposed for the offense under this section
or sections 2929.11 to | 3783 |
|
2929.18 of the
Revised Code, and in addition to the
forfeiture of | 3784 |
property in connection with the offense as
prescribed in sections | 3785 |
2925.42 to 2925.45Chapter 2981. of the
Revised Code, the court | 3786 |
| that sentences
an offender who is convicted of or pleads guilty to | 3787 |
| a violation
of
division (A) of this section may impose upon the | 3788 |
| offender an
additional fine specified for the offense in
division | 3789 |
| (B)(4) of
section
2929.18 of the Revised Code. A fine imposed | 3790 |
| under
division (H)(1) of this section
is not subject to division | 3791 |
| (F) of
this section and shall
be used solely for the support of | 3792 |
| one or
more eligible alcohol
and drug addiction programs in | 3793 |
| accordance
with divisions
(H)(2) and (3) of this section. | 3794 |
| (2) The court that imposes a fine under division
(H)(1) of | 3795 |
|
this section shall
specify in the judgment that imposes the fine | 3796 |
|
one or more
eligible alcohol and drug addiction programs for the | 3797 |
|
support of
which the fine money is to be used. No alcohol and
drug | 3798 |
|
addiction program shall receive or use money paid or
collected
in | 3799 |
| satisfaction of a fine imposed under division
(H)(1)
of this | 3800 |
| section unless
the program is specified in the judgment
that | 3801 |
| imposes the fine.
No alcohol and drug addiction program
shall be | 3802 |
| specified in the
judgment unless the program is an
eligible | 3803 |
| alcohol and drug
addiction program and, except as
otherwise | 3804 |
| provided in division
(H)(2) of this section, unless
the
program is | 3805 |
| located in the county in which the court that
imposes
the fine is | 3806 |
| located or in a county that is immediately
contiguous
to the | 3807 |
| county in which that court is located. If no
eligible
alcohol and | 3808 |
| drug addiction program is located in any
of those
counties, the | 3809 |
| judgment may specify an eligible alcohol
and drug
addiction | 3810 |
| program that is located anywhere within this
state. | 3811 |
| (3) Notwithstanding any contrary provision of section
3719.21 | 3812 |
| of the Revised Code, the clerk of the court
shall pay any
fine | 3813 |
| imposed under division
(H)(1) of this section to the eligible | 3814 |
|
alcohol and drug addiction
program specified pursuant to division | 3815 |
|
(H)(2) of this section in the
judgment. The eligible alcohol and | 3816 |
|
drug addiction program that receives the
fine moneys shall use the | 3817 |
|
moneys only for the
alcohol and drug addiction services identified | 3818 |
|
in the
application for certification under section 3793.06 of the | 3819 |
|
Revised Code or in the application for a
license under section | 3820 |
|
3793.11 of the Revised Code filed with
the department of alcohol | 3821 |
|
and drug addiction services by the alcohol and drug
addiction | 3822 |
|
program specified in the judgment. | 3823 |
| (4) Each alcohol and drug addiction program that receives
in | 3824 |
|
a calendar year any fine moneys under division
(H)(3) of this | 3825 |
|
section shall
file an annual report covering that calendar year | 3826 |
|
with the court
of common pleas and the board of county | 3827 |
|
commissioners of the
county in which the program is located, with | 3828 |
|
the court of common pleas and the
board of county commissioners of | 3829 |
|
each county from which the program received
the moneys if that | 3830 |
|
county is different from the county in which the program is | 3831 |
|
located, and with the attorney general. The alcohol and drug | 3832 |
|
addiction
program shall file the report no later than the first | 3833 |
|
day of March in
the calendar year
following the calendar year in | 3834 |
|
which the program received the
fine moneys. The report shall | 3835 |
|
include statistics on the number
of persons served by the alcohol | 3836 |
|
and drug addiction program,
identify the types of alcohol and drug | 3837 |
|
addiction services
provided to those persons, and include a | 3838 |
|
specific accounting of
the purposes for which the fine moneys | 3839 |
|
received were used. No
information contained in the report shall | 3840 |
|
identify, or enable a
person to determine the identity of, any | 3841 |
|
person served by the
alcohol and drug addiction program. Each | 3842 |
|
report received by a
court of common pleas, a board of county | 3843 |
|
commissioners, or the
attorney general is a public record open for | 3844 |
|
inspection under
section 149.43 of the Revised Code. | 3845 |
| Sec. 2925.14. (A) As used in this section,
"drug | 3855 |
|
paraphernalia" means any equipment, product, or material of any | 3856 |
|
kind that is used by the offender, intended by the offender for | 3857 |
|
use, or designed for use, in propagating, cultivating, growing, | 3858 |
|
harvesting, manufacturing, compounding, converting, producing, | 3859 |
|
processing, preparing, testing, analyzing, packaging,
repackaging, | 3860 |
|
storing, containing, concealing, injecting,
ingesting, inhaling, | 3861 |
|
or otherwise introducing into the human
body, a controlled | 3862 |
|
substance in violation of this chapter.
"Drug
paraphernalia" | 3863 |
|
includes, but is not limited to, any of the
following equipment, | 3864 |
|
products, or materials that are used by the
offender, intended by | 3865 |
|
the offender for use, or designed by the
offender for use, in any | 3866 |
|
of the following manners: | 3867 |
| (13) An object, instrument, or device for ingesting, | 3896 |
|
inhaling, or otherwise introducing into the human body,
marihuana, | 3897 |
|
cocaine, hashish, or hashish oil, such as a
metal,
wooden, | 3898 |
|
acrylic, glass, stone, plastic, or ceramic pipe, with or
without a | 3899 |
|
screen, permanent screen, hashish head, or punctured
metal bowl; | 3900 |
|
water pipe; carburetion tube or device; smoking or
carburetion | 3901 |
|
mask; roach clip or similar object used to hold
burning material, | 3902 |
|
such as a marihuana cigarette, that has become
too small or too | 3903 |
|
short to be held in the hand; miniature cocaine
spoon, or cocaine | 3904 |
|
vial; chamber pipe; carburetor pipe; electric
pipe; air driver | 3905 |
|
pipe; chillum; bong; or ice pipe or chiller. | 3906 |
| (5) Direct or circumstantial evidence of the intent of the | 3919 |
|
owner, or of
anyone in control, of the
equipment, product,
or | 3920 |
|
material, to deliver it to any person whom the owner
or person
in | 3921 |
|
control of the
equipment, product, or material knows
intends to | 3922 |
|
use the object to
facilitate a violation of any
provision of this | 3923 |
|
chapter. A finding that the
owner, or anyone in
control, of the
| 3924 |
|
equipment, product, or material, is not
guilty of a
violation of | 3925 |
|
any other provision of this chapter does
not
prevent a finding | 3926 |
|
that the
equipment, product, or
material was intended or designed | 3927 |
|
by the
offender for use as drug
paraphernalia. | 3928 |
(2) All right, title, and interest of a person in property | 4005 |
described in division (A)(1) of this section vests in the state | 4006 |
upon the person's commission of the felony drug abuse offense of | 4007 |
which the person is convicted or to which the person pleads guilty | 4008 |
and that is
the basis of the forfeiture, or upon the juvenile's | 4009 |
commission of
the act that, if committed by an adult, would be a | 4010 |
felony drug
abuse offense, that is the basis of the juvenile being | 4011 |
found to be a
delinquent child, and that is the basis of the | 4012 |
forfeiture. Subject to
divisions (F)(3)(b) and (5)(b) and (G)(2) | 4013 |
of this
section, if any right, title, or interest in property is | 4014 |
vested
in this state under this division and subsequently is | 4015 |
transferred
to a person other than the offender who forfeits the | 4016 |
right,
title, or interest under division (A)(1) of this section, | 4017 |
then,
in accordance with division (B) of this section, the right, | 4018 |
title, or interest in the property may be the subject of a
special | 4019 |
verdict of forfeiture and, after any special verdict of | 4020 |
forfeiture, shall be ordered forfeited to this state, unless the | 4021 |
transferee establishes in a hearing held pursuant to division (F) | 4022 |
of this section that the transferee is a bona fide purchaser for | 4023 |
value of the right, title, or interest in the property and that, | 4024 |
at the time
of its purchase, the transferee was reasonably without | 4025 |
cause to
believe that it was subject to forfeiture under this | 4026 |
section. | 4027 |
(3) The provisions of section 2925.43 of the Revised Code | 4028 |
that relate to the forfeiture of any right, title, or interest in | 4029 |
property associated with a felony drug abuse offense pursuant to
a | 4030 |
civil action to obtain a civil forfeiture do not apply to the | 4031 |
forfeiture of any right, title, or interest in property described | 4032 |
in division (A)(1) of this section that occurs pursuant to | 4033 |
division (B) of this section upon a person's conviction of or | 4034 |
guilty plea to a felony drug abuse offense or upon a juvenile | 4035 |
being found by a juvenile court to be a delinquent child for an | 4036 |
act that, if committed by an adult, would be a felony drug abuse | 4037 |
offense. | 4038 |
(4) Nothing in this section precludes a financial
institution | 4039 |
that has or purports to have a security interest in
or
lien on | 4040 |
property described in division (A)(1) of this section
from | 4041 |
commencing a civil action or taking other appropriate legal
action | 4042 |
in connection with the property, prior to its disposition
in | 4043 |
accordance with section 2925.44 of the Revised Code, for the | 4044 |
purpose of obtaining possession of the property in order to | 4045 |
foreclose or otherwise enforce the security interest or lien. A | 4046 |
financial institution may commence a civil action or take other | 4047 |
appropriate legal action for that purpose prior to the
disposition | 4048 |
of the property in accordance with section 2925.44 of
the Revised | 4049 |
Code, even if a felony drug abuse offense prosecution
or a | 4050 |
delinquent child proceeding for an act that, if committed by
an | 4051 |
adult, would be a felony drug abuse offense has been or could
be | 4052 |
commenced, even if the property is or could be the subject of
an | 4053 |
order of forfeiture issued under division (B)(5) of this
section, | 4054 |
and even if the property has been seized or is subject
to seizure | 4055 |
pursuant to division (D) or (E) of this section. | 4056 |
If a financial institution commences a civil action or
takes | 4057 |
any other appropriate legal action as described in this
division, | 4058 |
if the financial institution subsequently causes the
sale of the | 4059 |
property prior to its seizure pursuant to division
(D) or (E) of | 4060 |
this section and its disposition pursuant to
section 2925.44 of | 4061 |
the Revised Code, and if the person
responsible for the conduct of | 4062 |
the sale has actual knowledge of
the commencement of a felony drug | 4063 |
abuse offense prosecution or of
a delinquent child proceeding for | 4064 |
an act that, if committed by an
adult, would be a felony drug | 4065 |
abuse offense, actual knowledge of
a pending forfeiture proceeding | 4066 |
under division (B) of this
section, or actual knowledge of an | 4067 |
order of forfeiture issued
under division (B)(5) of this section, | 4068 |
then the person
responsible for the conduct of the sale shall | 4069 |
dispose of the
proceeds of the sale in the following order: | 4070 |
(a) The indictment, count in the indictment, or
information | 4095 |
charging the felony drug abuse offense specifies the
nature of the | 4096 |
right, title, or interest of the alleged offender
in the property | 4097 |
described in division (A)(1) of this section that
is potentially | 4098 |
subject to forfeiture under this section, or a
description of the | 4099 |
property of the alleged offender that is
potentially subject to | 4100 |
forfeiture under this section, to the
extent the right, title, or | 4101 |
interest in the property or the
property reasonably is known at | 4102 |
the time of the filing of the
indictment or information; or the | 4103 |
complaint, indictment, or
information charging a
juvenile
with | 4104 |
being a delinquent child for the commission of an act that,
if | 4105 |
committed by an adult, would be a felony drug abuse offense | 4106 |
specifies the nature of the right, title, or interest of the | 4107 |
juvenile in the property described in division (A)(1) of this | 4108 |
section that is potentially subject to forfeiture under this | 4109 |
section, or a description of the property of the juvenile that is | 4110 |
potentially subject to forfeiture under this section, to the | 4111 |
extent the right, title, or interest in the property or the | 4112 |
property reasonably is known at the time of the filing of the | 4113 |
complaint, indictment, or information. | 4114 |
(3)(a) If a person is convicted of or pleads guilty to a | 4126 |
felony drug abuse offense, or a juvenile is found to be a | 4127 |
delinquent child for an act that, if committed by an adult, would | 4128 |
be a felony drug abuse offense, then a special proceeding shall
be | 4129 |
conducted in accordance with this division to determine
whether | 4130 |
any property described in division (B)(1)(a) or (b) of
this | 4131 |
section will be the subject of an order of forfeiture under
this | 4132 |
section. Except as otherwise provided in division (B)(3)(b)
of | 4133 |
this section, the jury in the felony drug abuse offense
criminal | 4134 |
action or in the delinquent child action or, if that
action was a | 4135 |
nonjury action, the judge in that action shall hear
and consider | 4136 |
testimony and other evidence in the proceeding
relative to whether | 4137 |
any property described in division (B)(1)(a)
or (b) of this | 4138 |
section is subject to forfeiture under this
section. If the jury | 4139 |
or judge determines that the prosecuting
attorney has established, | 4140 |
by a preponderance of the evidence,
that any property so described | 4141 |
is subject to forfeiture under
this section, the judge or juvenile | 4142 |
judge shall render a verdict
of forfeiture that specifically | 4143 |
describes the right, title, or
interest in property or the | 4144 |
property that is subject to
forfeiture under this section. The | 4145 |
Rules of Evidence shall apply
in the proceeding. | 4146 |
(5)(a) If a verdict of forfeiture is entered pursuant to | 4165 |
division (B)(3) of this section, then the court that imposes | 4166 |
sentence upon a person who is convicted of or pleads guilty to a | 4167 |
felony drug abuse offense, or the juvenile court that finds a | 4168 |
juvenile to be a delinquent child for an act that, if committed
by | 4169 |
an adult, would be a felony drug abuse offense, in addition to
any | 4170 |
other sentence imposed upon the offender or order of
disposition | 4171 |
imposed upon the delinquent child, shall order that
the offender | 4172 |
or delinquent child forfeit to the state all of
the offender's or | 4173 |
delinquent child's right, title, and interest in
the property | 4174 |
described in division (A)(1) of this section. If a
person is | 4175 |
|
convicted of or pleads guilty to a felony drug abuse
offense, or a | 4176 |
|
juvenile is found by a juvenile court to be a
delinquent child for | 4177 |
|
an act that, if committed by an adult, would
be a felony drug | 4178 |
|
abuse offense, and derives profits or other
proceeds from the | 4179 |
|
offense or act, the court that imposes sentence
or an order of | 4180 |
|
disposition upon the offender or delinquent child,
in lieu of any | 4181 |
|
fine that the
court is otherwise authorized or required to impose, | 4182 |
|
may impose upon
the offender or delinquent child a fine of not | 4183 |
|
more than twice the gross profits or other
proceeds so derived. | 4184 |
(b)(B) Notwithstanding any contrary provision of section | 4185 |
|
3719.21 of the Revised Code, all fines imposed pursuant to this | 4186 |
divisionsection shall be paid by the clerk of the court to the | 4187 |
| county,
municipal corporation, township, park district, as created | 4188 |
|
pursuant to section 511.18 or 1545.01 of the Revised Code, or | 4189 |
|
state law enforcement agencies in this state that were primarily | 4190 |
|
responsible for or involved in making the arrest of, and in | 4191 |
|
prosecuting, the offender. However, no fine so imposed shall be | 4192 |
|
paid to a law enforcement agency unless the agency has adopted a | 4193 |
|
written internal control policy under division
(F)(2) of section | 4194 |
|
2925.03 of the Revised Code that addresses the use of the fine | 4195 |
|
moneys that it receives under this division and division
(F)(1)
of | 4196 |
|
section 2925.03 of the Revised Code. The fines imposed and
paid | 4197 |
|
pursuant to this division shall be used by the law
enforcement | 4198 |
|
agencies to subsidize their efforts pertaining to
drug offenses, | 4199 |
|
in accordance with the written internal control
policy adopted by | 4200 |
|
the recipient agency under division
(F)(2) of
section 2925.03 of | 4201 |
|
the Revised Code. | 4202 |
(6) If any of the property that is described in division | 4209 |
(A)(1) of this section and that is the subject of an order of | 4210 |
forfeiture issued under division (B)(5) of this section, because | 4211 |
of an act or omission of the person who is convicted of or pleads | 4212 |
guilty to the felony drug abuse offense that is the basis of the | 4213 |
order of forfeiture, or an act or omission of the juvenile found | 4214 |
by a juvenile court to be a delinquent child for an act that, if | 4215 |
committed by an adult, would be a felony drug abuse offense and | 4216 |
that is the basis of the forfeiture, cannot be located upon the | 4217 |
exercise of due diligence, has been transferred to, sold to, or | 4218 |
deposited with a third party, has been placed beyond the | 4219 |
jurisdiction of the court, has been substantially diminished in | 4220 |
value, or has been commingled with other property that cannot be | 4221 |
divided without difficulty, the court that issues the order of | 4222 |
forfeiture shall order the forfeiture of any other property of
the | 4223 |
offender up to the value of any forfeited property described
in | 4224 |
this division. | 4225 |
(a) Upon the filing of an indictment, complaint, or | 4248 |
information charging a person who has any right, title, or | 4249 |
interest in the property with the commission of a felony drug | 4250 |
abuse offense and alleging that the property with respect to
which | 4251 |
the order is sought will be subject to forfeiture under
division | 4252 |
(B) of this section if the person is convicted of or
pleads guilty | 4253 |
to the offense, or upon the filing of a complaint,
indictment, or | 4254 |
information alleging that a juvenile who has any right,
title, or | 4255 |
interest in the property is a delinquent child because of the | 4256 |
commission of
an act that, if committed by an adult, would be a | 4257 |
felony drug
abuse offense and alleging that the property with | 4258 |
respect to
which the order is sought will be subject to forfeiture | 4259 |
under
division (B) of this section if the juvenile is found to be | 4260 |
a
delinquent child because of the commission of that act; | 4261 |
(b) Except as provided in division (D)(3) of this section, | 4262 |
prior to the filing of an indictment, complaint, or information | 4263 |
charging a person who has any right, title, or interest in the | 4264 |
property with the commission of a felony drug abuse offense, or | 4265 |
prior to the filing of a complaint, indictment, or information | 4266 |
alleging that a juvenile who
has any right, title, or interest in | 4267 |
the property is a delinquent
child because of the commission of an | 4268 |
act that, if committed by
an adult, would be a felony drug abuse | 4269 |
offense, if, after notice
is given to all persons known to have | 4270 |
any right, title, or
interest in the property and an opportunity | 4271 |
to have a hearing on
the order is given to those persons, the | 4272 |
court determines both of
the following: | 4273 |
(2) Except as provided in division (D)(3) of this section,
an | 4283 |
order issued under division (D)(1) of this section is
effective | 4284 |
for not more than ninety days, unless extended by the
court for | 4285 |
good cause shown or unless an indictment, complaint, or | 4286 |
information charging the commission of a felony drug abuse
offense | 4287 |
or a complaint, indictment, or information alleging that
a | 4288 |
juvenile is a
delinquent
child because of the commission of an act | 4289 |
that, if committed by
an adult, would be a felony drug abuse | 4290 |
offense, is filed against
any alleged adult offender or alleged | 4291 |
delinquent child with any
right, title, or interest in the | 4292 |
property that is the subject of
the order. | 4293 |
(3) A court may issue an order under division (D)(1)(b) of | 4294 |
this section without giving notice or an opportunity for a
hearing | 4295 |
to persons known to have any right, title, or interest in | 4296 |
property, if the prosecuting attorney who is prosecuting or has | 4297 |
jurisdiction to prosecute the felony drug abuse offense or act | 4298 |
demonstrates that there is probable cause to believe that the | 4299 |
property will be subject to forfeiture under division (B) of this | 4300 |
section if a person with any right, title, or interest in the | 4301 |
property is convicted of or pleads guilty to a felony drug abuse | 4302 |
offense or a juvenile with any right, title, or interest in the | 4303 |
property is found by a juvenile court to be a delinquent child
for | 4304 |
an act that, if committed by an adult, would be a felony drug | 4305 |
abuse offense, and that giving notice or an opportunity for a | 4306 |
hearing to persons with any right, title, or interest in the | 4307 |
property will jeopardize its availability for forfeiture. The | 4308 |
order shall be a temporary order and expire not more than ten
days | 4309 |
after the date on which it is entered, unless it is extended
for | 4310 |
good cause shown or unless a person with any right, title, or | 4311 |
interest in the property that is the subject of the order
consents | 4312 |
to an extension for a longer period. A hearing
concerning an
order | 4313 |
issued under this division may be requested,
and, if it is | 4314 |
requested, the court shall hold the hearing at the
earliest | 4315 |
possible time prior to the expiration of the order. | 4316 |
(4) At any hearing held under division (D) of this
section, | 4317 |
the court may receive and consider evidence and
information that | 4318 |
is inadmissible under the Rules of Evidence.
However, each hearing | 4319 |
held under division (D) of this section
shall be recorded by | 4320 |
shorthand, by stenotype, or by any other
mechanical, electronic, | 4321 |
or video recording device. If, as a
result of a hearing under | 4322 |
division (D) of this section, property
would be seized, the | 4323 |
recording of and any transcript of the
recording of that hearing | 4324 |
shall not be a public record for
purposes of section 149.43 of the | 4325 |
Revised Code until that
property has been seized pursuant to | 4326 |
division (D) of this
section. Division (D)(4) of this section | 4327 |
shall not be construed
as requiring, authorizing, or permitting, | 4328 |
and does not require,
authorize, or permit, the making available | 4329 |
for inspection, or the
copying, under section 149.43 of the | 4330 |
Revised Code of any
confidential law enforcement investigatory | 4331 |
record or trial
preparation record, as defined in that section. | 4332 |
(5) A prosecuting attorney or other law enforcement
officer | 4333 |
may request the court of common pleas of the county in
which | 4334 |
property subject to forfeiture under this section is
located to | 4335 |
issue a warrant authorizing the seizure of that
property. The | 4336 |
request shall be made in the same manner as
provided for a search | 4337 |
warrant. If the court determines that
there is probable cause to | 4338 |
believe that the property to be seized
will be subject to | 4339 |
forfeiture under this section when a person
with any right, title, | 4340 |
or interest in the property is convicted
of or pleads guilty to a | 4341 |
felony drug abuse offense or when a
juvenile with any right, | 4342 |
title, or interest in the property is
found by a juvenile court to | 4343 |
be a delinquent child for an act
that, if committed by an adult, | 4344 |
would be a felony drug abuse
offense, and if the court determines | 4345 |
that any order issued under
division (D)(1), (2), or (3) of this | 4346 |
section may not be
sufficient to ensure the availability of the | 4347 |
property for
forfeiture, the court shall issue a warrant | 4348 |
authorizing the
seizure of the property. | 4349 |
(E)(1) Upon the entry of an order of forfeiture under this | 4350 |
section, the court shall order an appropriate law enforcement | 4351 |
officer to seize all of the forfeited property upon the terms and | 4352 |
conditions that the court determines are proper. In addition,
upon | 4353 |
the request of the prosecuting attorney who prosecuted the
felony | 4354 |
drug abuse offense or act, the court shall enter any
appropriate | 4355 |
restraining orders or injunctions, require the
execution of | 4356 |
satisfactory performance bonds, appoint receivers,
conservators, | 4357 |
appraisers, accountants, or trustees, or take any
other action to | 4358 |
protect the interest of the state in the
forfeited
property. Any | 4359 |
income accruing to or derived from
property ordered
forfeited | 4360 |
under this section may be used to
offset ordinary and
necessary | 4361 |
expenses related to the property
that are required by
law or that | 4362 |
are necessary to protect the
interest of the state or
third | 4363 |
parties. | 4364 |
After forfeited property is seized, the prosecuting
attorney | 4365 |
who prosecuted the felony drug abuse offense or act
shall direct | 4366 |
its disposition in accordance with section 2925.44
of the Revised | 4367 |
Code, making due provision for the rights of any
innocent persons. | 4368 |
Any right, title, or interest in property not
exercisable by, or | 4369 |
transferable for value to, the state shall
expire and shall not | 4370 |
revert to the offender whose conviction or
plea of guilty or act | 4371 |
as a delinquent child is the basis of the
order of forfeiture. | 4372 |
Neither the adult offender or delinquent
child nor any person | 4373 |
acting in concert with or on behalf
of the adult offender or | 4374 |
delinquent child
is eligible to purchase forfeited property at any | 4375 |
sale held
pursuant to section 2925.44 of the Revised Code. | 4376 |
Upon the application of any person other than the adult | 4377 |
offender or delinquent child whose right, title, or interest in | 4378 |
the property is the subject of the order of forfeiture or any | 4379 |
person acting in concert with or on behalf of the adult offender | 4380 |
or delinquent
child, the court may
restrain or stay the sale or | 4381 |
other disposition of the property
pursuant to section 2925.44 of | 4382 |
the Revised Code pending the
conclusion of any appeal of the | 4383 |
felony drug abuse offense
conviction or of the delinquent child | 4384 |
adjudication that is the
basis of the order of forfeiture, if the | 4385 |
applicant demonstrates
that proceeding with the sale or other | 4386 |
disposition of the
property will result in irreparable injury or | 4387 |
loss to the applicant. | 4388 |
(3) To facilitate the identification and location of
property | 4411 |
that is the subject of an order of forfeiture under this
section | 4412 |
and to facilitate the disposition of petitions for
remission or | 4413 |
mitigation issued under division (E)(2) of this
section, after the | 4414 |
issuance of an order of forfeiture under this
section and upon | 4415 |
application by the prosecuting attorney who
prosecuted the felony | 4416 |
drug abuse offense or act, the court may
order that the testimony | 4417 |
of any witness relating to the forfeited
property be taken by | 4418 |
deposition, and that any designated book,
paper, document, record, | 4419 |
recording, or other material that is not
privileged be produced at | 4420 |
the same time and place as the
testimony, in the same manner as | 4421 |
provided for the taking of
depositions under the Rules of Civil | 4422 |
Procedure. | 4423 |
(F)(1) Except as provided in divisions (F)(2) to (5) of
this | 4424 |
section, no person claiming any right, title, or interest in | 4425 |
property subject to forfeiture under this section or section | 4426 |
2925.43 of the Revised Code may intervene in a criminal trial or | 4427 |
appeal, or a delinquent child proceeding or appeal, involving the | 4428 |
forfeiture of the property under this section or in a civil
action | 4429 |
for a civil forfeiture under section 2925.43 of the
Revised Code, | 4430 |
or may commence an action at law or equity against
the state | 4431 |
concerning the validity of the person's alleged right,
title, or | 4432 |
interest in the property subsequent to the filing of an | 4433 |
indictment, complaint, or information alleging that the property | 4434 |
is subject to forfeiture under this section or subsequent to the | 4435 |
filing of a complaint, indictment, or information alleging that
a | 4436 |
juvenile who has any right,
title, or interest in the property is | 4437 |
a delinquent child because
of the commission of an act that, if | 4438 |
committed by an adult, would
be a felony drug abuse offense and | 4439 |
alleging that the property is
subject to forfeiture under this | 4440 |
section. | 4441 |
(2) After the entry of an order of forfeiture under this | 4442 |
section, the prosecuting attorney who prosecuted the felony drug | 4443 |
abuse offense or act shall conduct or cause to be conducted a | 4444 |
search of the appropriate public records that relate to the | 4445 |
property, and make or cause to be made reasonably diligent | 4446 |
inquiries, for the purpose of identifying persons who have any | 4447 |
right, title, or interest in the property. The prosecuting | 4448 |
attorney then shall cause a notice of the order of forfeiture, of | 4449 |
the prosecuting attorney's intent to dispose of the property in | 4450 |
accordance with section 2925.44 of the Revised Code, and of the | 4451 |
manner of the
proposed
disposal, to be given to each person who is | 4452 |
known, because of the
conduct of the search, the making of the | 4453 |
inquiries, or otherwise,
to have any right, title, or interest in | 4454 |
the property, by
certified mail, return receipt requested, or by | 4455 |
personal service.
Additionally, the prosecuting attorney shall | 4456 |
cause a similar
notice to be published once a week for two | 4457 |
consecutive weeks in a
newspaper of general circulation in the | 4458 |
county in which the
property was seized. | 4459 |
(3)(a) Any person, other than the adult offender whose | 4460 |
conviction or guilty plea or the delinquent child whose | 4461 |
adjudication is the basis of the order of forfeiture, who asserts | 4462 |
a legal right, title, or interest in the property that is the | 4463 |
subject of the order may petition the court that issued the
order, | 4464 |
within thirty days after the earlier of the final
publication of | 4465 |
notice or the person's receipt of notice under
division (F)(2) of | 4466 |
this section, for a hearing to adjudicate the validity
of the | 4467 |
person's alleged right, title, or interest in the property.
The | 4468 |
petition shall be signed by the petitioner under the penalties
for | 4469 |
falsification as specified in section 2921.13 of the Revised
Code | 4470 |
and shall set forth the nature and extent of the
petitioner's | 4471 |
right, title, or interest in the property, the time
and | 4472 |
circumstances of the petitioner's acquisition of that right, | 4473 |
title, or interest, any additional facts supporting the | 4474 |
petitioner's claim,
and the relief sought. | 4475 |
(b) In lieu of filing a petition as described in division | 4476 |
(F)(3)(a) of this section, a secured party or other lienholder of | 4477 |
record that asserts a legal right, title, or interest in the | 4478 |
property that is the subject of the order, including, but not | 4479 |
limited to, a mortgage, security interest, or other type of lien, | 4480 |
may file an affidavit as described in this division to establish | 4481 |
the validity of the alleged right, title, or interest in the | 4482 |
property. The affidavit shall be filed within thirty days after | 4483 |
the earlier of the final publication of notice or the receipt of | 4484 |
notice under division (F)(2) of this section and, except as | 4485 |
otherwise provided in this section, shall constitute prima-facie | 4486 |
evidence of the validity of the secured party's or other | 4487 |
lienholder's alleged right, title, or interest in the property. | 4488 |
Unless the prosecuting attorney files a motion challenging the | 4489 |
affidavit within ten days after its filing and unless the | 4490 |
prosecuting attorney establishes, by a preponderance of the | 4491 |
evidence, at a subsequent hearing before the court that issued
the | 4492 |
forfeiture order, that the secured party or other lienholder
does | 4493 |
not possess the alleged right, title, or interest in the
property | 4494 |
or that the secured party or other lienholder had actual
knowledge | 4495 |
of facts pertaining to the felony drug abuse offense or
act that | 4496 |
was the basis of the forfeiture order, the affidavit
shall | 4497 |
constitute conclusive evidence of the validity of the
secured | 4498 |
party's or other lienholder's right, title, or interest
in the | 4499 |
property and shall have the legal effect described in
division | 4500 |
(G)(2) of this section. To the extent practicable and
consistent | 4501 |
with the interests of justice, any such hearing shall
be held | 4502 |
within thirty days after the prosecuting attorney files
the | 4503 |
motion. At any such hearing, the prosecuting attorney and
the | 4504 |
secured party or other lienholder may present evidence and | 4505 |
witnesses and cross-examine witnesses. | 4506 |
In order to be valid for the purposes of this division and | 4507 |
division (G)(2) of this section, the affidavit of a secured party | 4508 |
or other lienholder shall contain averments that the secured
party | 4509 |
or other lienholder acquired its alleged right, title, or
interest | 4510 |
in the property in the regular course of its business,
for a | 4511 |
specified valuable consideration, without actual knowledge
of any | 4512 |
facts pertaining to the felony drug abuse offense or act
that was | 4513 |
the basis of the forfeiture order, in good faith and
without the | 4514 |
intent to prevent or otherwise impede the state from
seizing or | 4515 |
obtaining a forfeiture of the property under sections
2925.41 to | 4516 |
2925.45 of the Revised Code, and prior to the seizure
or | 4517 |
forfeiture of the property under those sections. | 4518 |
(4) Upon receipt of a petition filed under division (F)(3)
of | 4519 |
this section, the court shall hold a hearing to determine the | 4520 |
validity of the petitioner's right, title, or interest in the | 4521 |
property that is the subject of the order of forfeiture. To the | 4522 |
extent practicable and consistent with the interests of justice, | 4523 |
the hearing shall be held within thirty days after the filing of | 4524 |
the petition. The court may consolidate the hearing on the | 4525 |
petition with a hearing on any other petition filed by a person | 4526 |
other than the offender whose conviction or guilty plea or | 4527 |
adjudication as a delinquent child is the basis of the order of | 4528 |
forfeiture. At the hearing, the petitioner may testify, present | 4529 |
evidence and witnesses on the petitioner's behalf, and | 4530 |
cross-examine witnesses
for the state. The state may present | 4531 |
evidence and witnesses in
rebuttal and in defense of its claim to | 4532 |
the property and
cross-examine witnesses for the petitioner. In | 4533 |
addition to
evidence and testimony presented at the hearing, the | 4534 |
court shall
consider the relevant portions of the record in the | 4535 |
felony drug
abuse offense or delinquent child case that resulted | 4536 |
in the order
of forfeiture. | 4537 |
(b) The court also shall amend its order of forfeiture to | 4554 |
reflect any right, title, or interest of a secured party or other | 4555 |
lienholder of record in the property subject to the order that
was | 4556 |
established pursuant to division (F)(3)(b) of this section by | 4557 |
means of an affidavit, or that was established pursuant to that | 4558 |
division by the failure of a prosecuting attorney to establish,
in | 4559 |
a hearing as described in that division, that the secured
party or | 4560 |
other lienholder did not possess the alleged right,
title, or | 4561 |
interest in the property or that the secured party or
other | 4562 |
lienholder had actual knowledge of facts pertaining to the
felony | 4563 |
drug abuse offense or act that was the basis of the order. | 4564 |
(2) If an affidavit as described in division (F)(3)(b) of | 4573 |
this section is filed in accordance with that division, if the | 4574 |
affidavit constitutes, under the circumstances described in that | 4575 |
division, conclusive evidence of the validity of the right,
title, | 4576 |
or interest of a secured party or other lienholder of
record in | 4577 |
the property subject to a forfeiture order, and if any
mortgage, | 4578 |
security interest, or other type of lien possessed by
the secured | 4579 |
party or other lienholder in connection with the
property is not | 4580 |
satisfied prior to a sale or other disposition of
the property | 4581 |
pursuant to section 2925.44 of the Revised Code,
then the right, | 4582 |
title, or interest of the secured party or other
lienholder in the | 4583 |
property remains valid for purposes of sections
2925.41 to 2925.45 | 4584 |
of the Revised Code and any subsequent
purchaser or other | 4585 |
transferee of the property pursuant to section
2925.44 of the | 4586 |
Revised Code shall take the property subject to
the continued | 4587 |
validity of the right, title, or interest of the
secured party or | 4588 |
other lienholder in the property. | 4589 |
| (a) The vending machine is located within the immediate | 4643 |
|
vicinity, plain view, and control of the person who owns or | 4644 |
|
operates the place, or an employee of that person, so that
all | 4645 |
|
cigarettes and other tobacco product purchases from the vending | 4646 |
|
machine will be readily observed by the person who owns or | 4647 |
|
operates the place or an employee of that person. For the
purpose | 4648 |
| of this section, a vending machine located in any
unmonitored | 4649 |
| area, including an unmonitored coatroom, restroom,
hallway, or | 4650 |
| outer waiting area, shall not be considered located
within the | 4651 |
| immediate vicinity, plain view, and control of the
person who owns | 4652 |
| or operates the place, or an employee of
that
person. | 4653 |
| (1) Restitution by the offender to the victim of the | 4708 |
|
offender's crime or any survivor of the victim, in an amount
based | 4709 |
|
on the victim's economic loss. If the court imposes restitution, | 4710 |
| the court shall order that the
restitution be made
to the victim | 4711 |
| in open court, to the adult
probation department that serves
the | 4712 |
| county
on behalf of the
victim, to the clerk of courts, or to | 4713 |
|
another agency
designated by
the court. If the court imposes | 4714 |
| restitution, at sentencing, the court shall determine
the
amount | 4715 |
| of
restitution to be made by the offender.
If the court imposes | 4716 |
| restitution, the court may
base the amount of restitution it | 4717 |
| orders on an amount recommended
by the victim, the offender, a | 4718 |
| presentence investigation report,
estimates or receipts indicating | 4719 |
| the cost of repairing or
replacing property, and other | 4720 |
| information, provided that the amount the court orders as | 4721 |
| restitution shall not exceed the amount of the economic loss | 4722 |
| suffered by the victim as a direct and proximate result of the | 4723 |
| commission of the offense. If the court decides to impose | 4724 |
| restitution, the court shall hold a
hearing on restitution if the | 4725 |
| offender, victim, or survivor
disputes the amount. All
restitution | 4726 |
| payments
shall be credited
against any recovery of
economic loss | 4727 |
| in a
civil action brought by
the victim or any
survivor of the | 4728 |
| victim
against the offender. | 4729 |
| (b) If the offender is sentenced to a sanction of
confinement | 4778 |
| pursuant to
section 2929.14 or 2929.16 of the Revised
Code that is | 4779 |
| to be served in a facility
operated by a board of
county | 4780 |
| commissioners, a legislative authority of a
municipal
corporation, | 4781 |
| or another local governmental entity,
if, pursuant to
section | 4782 |
| 307.93, 341.14, 341.19,
341.23,
753.02, 753.04, 753.16,
2301.56, | 4783 |
| or 2947.19 of the Revised
Code
and section 2929.37 of the
Revised | 4784 |
| Code,
the
board,
legislative
authority, or other local | 4785 |
|
governmental
entity requires
prisoners
to
reimburse
the county, | 4786 |
| municipal
corporation,
or other entity
for
its expenses incurred | 4787 |
|
by reason
of the
prisoner's confinement,
and if the
court
does not | 4788 |
| impose a
financial
sanction under
division (A)(5)(a)(ii)
of this | 4789 |
|
section,
confinement
costs may be
assessed pursuant to section | 4790 |
|
2929.37 of
the Revised Code. In
addition, the offender may be | 4791 |
|
required to pay
the fees specified
in section 2929.38 of the | 4792 |
|
Revised Code in
accordance with that
section. | 4793 |
| (B)(1) For a first, second, or third degree
felony violation | 4796 |
|
of any provision of Chapter 2925.,
3719., or 4729. of the Revised | 4797 |
|
Code, the
sentencing court shall impose upon the offender a | 4798 |
|
mandatory fine
of at least one-half of, but not more than, the | 4799 |
|
maximum statutory
fine amount authorized for the level of the | 4800 |
|
offense pursuant to
division (A)(3) of this section. If an | 4801 |
|
offender alleges in an affidavit filed
with the court prior
to | 4802 |
|
sentencing that the offender is indigent and unable to pay the | 4803 |
|
mandatory fine and if the court determines the offender is an | 4804 |
|
indigent person and is unable to pay the mandatory fine described | 4805 |
|
in this
division, the court shall not impose the mandatory fine | 4806 |
|
upon the offender. | 4807 |
| (4) Notwithstanding any fine
otherwise authorized or
required | 4821 |
| to be imposed under division
(A)(2) or (3) or (B)(1) of
this | 4822 |
| section or section 2929.31
of the Revised Code for a
violation of | 4823 |
| section 2925.03 of the Revised Code, in
addition to
any
penalty or | 4824 |
| sanction imposed for that offense under section
2925.03 or | 4825 |
| sections 2929.11 to 2929.18 of the
Revised Code and in
addition to | 4826 |
| the
forfeiture of property in connection with the
offense as | 4827 |
prescribed in sections 2925.42 to 2925.45Chapter 2981. of the | 4828 |
|
Revised Code, the court that sentences
an offender for a violation | 4829 |
|
of section 2925.03 of
the Revised Code may impose upon the | 4830 |
|
offender a fine in addition to any fine imposed under division | 4831 |
|
(A)(2) or (3) of this section
and in addition to any mandatory | 4832 |
|
fine imposed under division
(B)(1) of this section. The fine | 4833 |
|
imposed under division
(B)(4) of this section shall be used as | 4834 |
|
provided in division
(H) of section 2925.03 of the Revised Code.
A | 4835 |
|
fine
imposed under division (B)(4) of this section shall not | 4836 |
|
exceed
whichever of the following is applicable: | 4837 |
| (5) Prior to imposing a fine under division
(B)(4) of this | 4853 |
|
section, the
court shall determine whether the offender has an | 4854 |
|
interest in
any property of the type described in division | 4855 |
|
(B)(4)(a) of this section. Except as provided in
division (B)(6) | 4856 |
|
or (7) of this section,
a fine that is authorized and imposed | 4857 |
|
under division
(B)(4) of this section does not
limit or affect the | 4858 |
|
imposition of the penalties and sanctions
for a violation of | 4859 |
|
section 2925.03 of the Revised Code
prescribed under
those | 4860 |
|
sections
or sections 2929.11 to 2929.18 of the
Revised Code and | 4861 |
|
does not limit or
affect a forfeiture of property in connection | 4862 |
with the offense
as prescribed in sections 2925.42 to 2925.45 | 4863 |
| Chapter 2981. of
the
Revised Code. | 4864 |
| (6) If the sum total of a mandatory fine amount imposed
for
a | 4865 |
| first, second, or third degree felony violation of section
2925.03 | 4866 |
|
of the Revised Code under division
(B)(1) of this section
plus the | 4867 |
|
amount of any fine imposed under division
(B)(4) of this
section | 4868 |
| does not
exceed the maximum statutory fine amount
authorized for | 4869 |
| the
level of the offense under division (A)(3) of
this section or | 4870 |
|
section 2929.31 of the Revised Code, the court may
impose a
fine | 4871 |
| for the offense in addition to the mandatory fine
and the
fine | 4872 |
| imposed under division (B)(4) of this section. The
sum total of | 4873 |
| the amounts of the mandatory fine, the fine imposed
under division | 4874 |
| (B)(4) of this
section, and the additional fine
imposed under | 4875 |
| division
(B)(6) of this section shall
not exceed the
maximum | 4876 |
| statutory fine amount authorized for the
level of the
offense | 4877 |
| under division (A)(3) of this section or
section 2929.31
of the | 4878 |
| Revised Code. The clerk of the court
shall pay any fine
that is | 4879 |
| imposed under division
(B)(6) of this section to the
county, | 4880 |
| township, municipal
corporation, park district as
created
pursuant | 4881 |
| to section 511.18 or 1545.04 of the
Revised Code, or
state law | 4882 |
| enforcement
agencies in this state that primarily were
responsible | 4883 |
| for or
involved in making the arrest of, and in
prosecuting, the | 4884 |
|
offender pursuant to division (F) of section
2925.03 of the | 4885 |
|
Revised Code. | 4886 |
| (2) Except as provided in section 2951.021 of the Revised | 4907 |
|
Code, the offender
shall pay reimbursements imposed upon the | 4908 |
|
offender pursuant to division
(A)(5)(a) of this
section to pay
the | 4909 |
|
costs incurred by a county pursuant to any
sanction imposed
under | 4910 |
|
this section or section 2929.16 or 2929.17
of the Revised
Code or | 4911 |
|
in operating a facility
used to confine offenders pursuant
to a | 4912 |
|
sanction imposed under
section 2929.16 of the Revised Code to
the | 4913 |
|
county
treasurer. The county treasurer shall deposit the | 4914 |
|
reimbursements in the sanction cost reimbursement fund that each | 4915 |
|
board of county commissioners shall create in its county
treasury. | 4916 |
|
The county shall use the amounts deposited in the fund
to pay the | 4917 |
|
costs incurred by the county pursuant to any sanction
imposed | 4918 |
|
under this section or section 2929.16 or 2929.17 of the
Revised | 4919 |
|
Code or in operating a facility used to
confine offenders pursuant | 4920 |
|
to a sanction imposed under section
2929.16 of the Revised Code. | 4921 |
| (3) Except as provided in section 2951.021 of the Revised | 4922 |
|
Code, the offender
shall pay reimbursements imposed upon the | 4923 |
|
offender pursuant to division
(A)(5)(a) of this
section to pay
the | 4924 |
|
costs incurred by a municipal corporation
pursuant to any
sanction | 4925 |
|
imposed under this section or section
2929.16 or 2929.17
of the | 4926 |
|
Revised Code or in
operating a facility used to confine
offenders | 4927 |
|
pursuant to a
sanction imposed under section 2929.16 of
the | 4928 |
|
Revised
Code to the treasurer of the municipal
corporation.
The | 4929 |
|
treasurer shall deposit the reimbursements
in a special fund
that | 4930 |
|
shall be established in the
treasury of each municipal | 4931 |
|
corporation. The municipal
corporation shall use the amounts | 4932 |
|
deposited in the fund to pay
the costs incurred by the municipal | 4933 |
|
corporation pursuant to any
sanction imposed under this section or | 4934 |
|
section 2929.16 or 2929.17
of the Revised Code or in operating a | 4935 |
|
facility
used to confine offenders pursuant to a sanction imposed | 4936 |
|
under
section 2929.16 of the Revised Code. | 4937 |
| (D)
Except as otherwise provided in this division, a | 4943 |
|
financial sanction imposed pursuant to division (A) or
(B) of this | 4944 |
|
section is a judgment in favor of the state or a
political | 4945 |
|
subdivision in which the court that imposed the
financial
sanction | 4946 |
|
is located, and the offender subject to the financial sanction is | 4947 |
| the judgment debtor. A financial sanction of
reimbursement
imposed | 4948 |
| pursuant to division
(A)(5)(a)(ii) of this
section upon
an | 4949 |
|
offender who is incarcerated in a state facility
or a municipal | 4950 |
|
jail is a judgment in favor of the state or the
municipal | 4951 |
|
corporation, and the offender subject to the financial sanction is | 4952 |
| the judgment debtor. A financial sanction of reimbursement
imposed | 4953 |
|
upon an
offender pursuant to this section for costs
incurred by a | 4954 |
|
private provider of
sanctions is a judgment in favor
of the | 4955 |
|
private provider, and the offender subject to the financial | 4956 |
| sanction is the judgment debtor. A
financial sanction of | 4957 |
| restitution
imposed
pursuant to this section is an order in favor | 4958 |
| of the
victim of
the offender's criminal act that can be collected | 4959 |
| through execution as described in division (D)(1) of this section | 4960 |
| or through an order as described in division (D)(2) of this | 4961 |
| section, and the offender shall be considered for purposes of the | 4962 |
| collection as the judgment debtor. Imposition of a financial | 4963 |
|
sanction and execution on the
judgment does not preclude any other | 4964 |
|
power of the court to impose or enforce
sanctions on the offender. | 4965 |
|
Once the financial sanction is
imposed as a judgment or order | 4966 |
| under this division, the victim,
private provider, state, or | 4967 |
|
political subdivision may bring an
action to do any of the | 4968 |
| following: | 4969 |
| (F) Each court imposing a financial sanction
upon an
offender | 4995 |
| under this section or under section
2929.32 of
the
Revised
Code | 4996 |
| may designate
the clerk of the court
or another person to collect | 4997 |
|
the financial sanction. The
clerk or other person authorized by | 4998 |
| law or the court to collect
the financial sanction may
enter into | 4999 |
| contracts with one or more
public agencies or private
vendors for | 5000 |
| the collection of, amounts
due under the financial
sanction | 5001 |
| imposed pursuant to this
section
or section
2929.32 of
the Revised | 5002 |
| Code. Before entering
into a
contract for the
collection of | 5003 |
|
amounts due from an offender
pursuant to any
financial sanction | 5004 |
| imposed
pursuant to this
section or section
2929.32 of the Revised | 5005 |
| Code,
a court
shall comply with sections
307.86 to 307.92 of the | 5006 |
|
Revised Code. | 5007 |
| (D) Within seven days after the filing of each medicaid
fraud | 5085 |
| lien notice, the prosecuting attorney or attorney general
who | 5086 |
| files the notice shall furnish to the person named in the
notice | 5087 |
| by certified mail, return receipt requested, to the last
known | 5088 |
| business or residential address of the person, a copy of
the | 5089 |
| recorded notice with a notation on it of any county in which
the | 5090 |
| notice has been recorded. The failure of the prosecuting
attorney | 5091 |
| or attorney general to furnish a copy of the notice
under this | 5092 |
| section shall not invalidate or otherwise affect the
medicaid | 5093 |
| fraud lien notice when the prosecuting attorney or
attorney | 5094 |
| general did not know and could not reasonably ascertain
the | 5095 |
| address of the person entitled to notice. | 5096 |
| (H) If personal or real property, or a beneficial interest
in | 5143 |
| it, that is forfeitable property and is subject to forfeiture | 5144 |
pursuant to section 2933.73Chapter 2981. of the Revised Code is | 5145 |
| conveyed,
alienated, disposed of, or otherwise rendered | 5146 |
| unavailable for
forfeiture after the filing of either a medicaid | 5147 |
| fraud lien
notice, or a criminal proceeding for a medicaid fraud | 5148 |
| offense,
whichever is earlier, the state may bring an action in | 5149 |
| any court
of common pleas against the person named in the medicaid | 5150 |
| fraud
lien notice or the defendant in the criminal proceeding to | 5151 |
|
recover the value of the property or interest. The court shall | 5152 |
|
enter final judgment against the person named in the notice or
the | 5153 |
| defendant for an amount equal to the value of the property or | 5154 |
|
interest together with investigative costs and attorney's fees | 5155 |
|
incurred by the state in the action. | 5156 |
| A person named in a medicaid fraud lien notice may bring an | 5253 |
|
action against the prosecuting attorney or attorney general who | 5254 |
|
filed the notice, in the county where it was filed, seeking a | 5255 |
|
release of the property subject to the notice or termination of | 5256 |
|
the notice. In such a case, the court of common pleas promptly | 5257 |
|
shall set a date for hearing, which shall be not less than five | 5258 |
|
nor more than ten days after the action is filed. The order and
a | 5259 |
| copy of the complaint shall be served on the prosecuting
attorney | 5260 |
| or attorney general within three days after the action
is filed. | 5261 |
| At the hearing, the court shall take evidence as to
whether any | 5262 |
| personal or real property, or beneficial interest in
it, that is | 5263 |
| owned by the person bringing the action is covered by
the notice | 5264 |
| or otherwise is subject to forfeiture. If the person
bringing the | 5265 |
| action shows by a preponderance of the evidence that
the notice | 5266 |
does not apply to himthe person or that any personal
or real | 5267 |
property, or beneficial interest in it, that is owned by himthe | 5268 |
| person is not subject to forfeiture, the court shall enter a | 5269 |
|
judgment terminating the notice or releasing the personal or real | 5270 |
| property or
beneficial interest from the notice. | 5271 |
| Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal, | 5293 |
|
deputy marshal, municipal police officer, township constable, | 5294 |
|
police officer of a township or joint township police district, | 5295 |
|
member of a police force employed by a metropolitan housing | 5296 |
|
authority under division (D) of section 3735.31 of the Revised | 5297 |
|
Code, member of a police force employed by a regional transit | 5298 |
|
authority
under division (Y) of section 306.35 of the Revised | 5299 |
|
Code, state university law enforcement officer appointed
under | 5300 |
|
section 3345.04 of the Revised Code, veterans' home
police
officer | 5301 |
| appointed under section 5907.02 of the Revised Code,
special | 5302 |
| police officer employed by a port authority under section
4582.04 | 5303 |
| or 4582.28 of the Revised Code, or a special police
officer | 5304 |
| employed by a municipal corporation at a municipal
airport, or | 5305 |
| other municipal air navigation facility, that has
scheduled | 5306 |
| operations, as defined in section 119.3 of Title 14 of
the Code of | 5307 |
| Federal Regulations, 14 C.F.R. 119.3, as amended, and
that is | 5308 |
| required to be under a security program and is governed by | 5309 |
|
aviation security rules of the transportation security | 5310 |
|
administration of the United States department of transportation | 5311 |
|
as provided in Parts 1542. and 1544. of Title 49 of the Code of | 5312 |
|
Federal Regulations, as amended, shall
arrest and detain,
until a | 5313 |
|
warrant can be obtained, a
person found violating, within
the | 5314 |
|
limits of the political
subdivision, metropolitan housing | 5315 |
|
authority housing project, regional
transit authority facilities | 5316 |
|
or areas of a municipal corporation that
have been agreed to by a | 5317 |
|
regional transit authority and a municipal
corporation located | 5318 |
|
within its territorial
jurisdiction, college,
university, | 5319 |
|
veterans' home operated under Chapter 5907. of the Revised Code,
| 5320 |
| port authority, or municipal airport or other
municipal air | 5321 |
| navigation facility, in
which the peace
officer is
appointed, | 5322 |
| employed, or elected, a law of this state,
an ordinance
of a | 5323 |
| municipal corporation, or a resolution of a
township. | 5324 |
| (3) The house sergeant at arms if the house sergeant at arms | 5331 |
|
has
arrest authority pursuant to division (E)(1) of section | 5332 |
|
101.311 of the Revised Code
and an assistant house sergeant at | 5333 |
|
arms shall arrest and detain, until a
warrant can be obtained, a | 5334 |
|
person found violating, within the limits of the
sergeant at
| 5335 |
|
arms's or assistant sergeant at
arms's territorial
jurisdiction | 5336 |
|
specified in division (D)(1)(a) of section 101.311
of
the Revised | 5337 |
| Code or
while providing security pursuant to division
(D)(1)(f)
of | 5338 |
| section 101.311 of the Revised Code, a
law of this
state, an | 5339 |
| ordinance of a municipal corporation, or a resolution of
a | 5340 |
| township. | 5341 |
| (B)(1) When there is reasonable ground to believe that an | 5342 |
|
offense of violence, the offense of criminal child enticement as | 5343 |
|
defined in section 2905.05 of the Revised Code, the offense of | 5344 |
|
public indecency as defined in section 2907.09 of the Revised | 5345 |
|
Code, the offense of domestic violence as defined in section | 5346 |
|
2919.25 of the Revised Code, the offense of violating a protection | 5347 |
|
order as
defined in section 2919.27 of the Revised Code, the | 5348 |
|
offense of menacing by stalking
as defined in section 2903.211 of | 5349 |
|
the Revised Code, the offense
of aggravated trespass as defined in | 5350 |
|
section 2911.211 of the
Revised Code, a theft offense as defined | 5351 |
|
in section 2913.01 of
the Revised Code, or a felony drug abuse | 5352 |
|
offense as defined in
section 2925.01 of the Revised Code, has | 5353 |
|
been committed within
the limits of the political subdivision, | 5354 |
|
metropolitan housing
authority housing project,
regional
transit | 5355 |
|
authority facilities or those areas of a municipal corporation | 5356 |
|
that have
been agreed to by a regional transit authority and a | 5357 |
|
municipal corporation
located within its territorial jurisdiction, | 5358 |
|
college, university,
veterans' home operated under Chapter 5907. | 5359 |
| of the Revised Code,
port authority, or
municipal airport or other | 5360 |
| municipal air navigation facility, in
which the peace
officer is | 5361 |
| appointed, employed, or
elected or
within the limits of the | 5362 |
| territorial jurisdiction of the peace
officer, a peace officer | 5363 |
| described in division
(A) of this section
may arrest and detain | 5364 |
| until a
warrant can be obtained any person
who the peace officer | 5365 |
|
has reasonable cause to believe is guilty of
the violation. | 5366 |
| (b) A written statement by the administrator of the | 5376 |
|
interstate compact on mental health appointed under section | 5377 |
|
5119.51 of the Revised Code alleging that a person who had been | 5378 |
|
hospitalized, institutionalized, or confined in any facility
under | 5379 |
|
an order made pursuant to or under authority of section
2945.37, | 5380 |
|
2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or 2945.402 of the | 5381 |
|
Revised
Code has escaped from the facility, from confinement in a | 5382 |
|
vehicle
for transportation to or from the facility, or from | 5383 |
|
supervision
by an employee of the facility that is incidental to | 5384 |
|
hospitalization, institutionalization, or confinement in the | 5385 |
|
facility and that occurs outside of the facility, in violation of | 5386 |
|
section 2921.34 of the Revised Code; | 5387 |
| (c) A written statement by the
administrator of any facility | 5388 |
|
in which a person has been
hospitalized, institutionalized, or | 5389 |
|
confined under an order made
pursuant to or under authority of | 5390 |
|
section 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, or | 5391 |
|
2945.402 of the Revised Code alleging that
the person has escaped | 5392 |
|
from the facility, from confinement in a
vehicle for | 5393 |
|
transportation to or from the facility, or from
supervision by an | 5394 |
|
employee of the facility that is incidental to
hospitalization, | 5395 |
|
institutionalization, or confinement in the
facility and that | 5396 |
|
occurs outside of the facility, in violation of
section 2921.34 of | 5397 |
|
the Revised Code. | 5398 |
| (ii) No written statement of the type described
in division | 5411 |
|
(B)(3)(a)(i) of this
section is executed, but the peace officer, | 5412 |
|
based upon the peace
officer's own knowledge and observation of | 5413 |
|
the facts and circumstances of
the alleged incident of the offense | 5414 |
|
of domestic violence or the
alleged incident of the offense of | 5415 |
|
violating a protection order
or based upon any other information, | 5416 |
|
including, but not limited to, any reasonably trustworthy | 5417 |
|
information given to the peace officer by the alleged victim
of | 5418 |
|
the alleged incident of the offense or any witness of the alleged | 5419 |
|
incident
of the offense, concludes that there are reasonable | 5420 |
|
grounds to
believe that the offense of domestic violence or the | 5421 |
|
offense of
violating a protection order has been
committed and | 5422 |
|
reasonable cause to believe that the person in
question is guilty | 5423 |
|
of committing the offense. | 5424 |
| If pursuant to division (B)(3)(a)
of this section a peace | 5437 |
|
officer has reasonable grounds to
believe that the offense of | 5438 |
|
domestic violence or the offense of
violating a protection order | 5439 |
|
has been
committed and reasonable cause to believe that family or | 5440 |
|
household members have committed the offense against each other, | 5441 |
|
it is the preferred course of action in this state that the | 5442 |
|
officer, pursuant to division (B)(1) of this section,
arrest and | 5443 |
|
detain until a warrant can be obtained the family or
household | 5444 |
|
member who committed the offense and whom the officer
has | 5445 |
|
reasonable cause to believe is the primary physical
aggressor. | 5446 |
|
There is no preferred course of action in this state
regarding any | 5447 |
|
other family or household member who committed the
offense and | 5448 |
|
whom the officer does not have reasonable cause to
believe is the | 5449 |
|
primary physical aggressor, but, pursuant to
division (B)(1) of | 5450 |
|
this section, the peace officer may
arrest and detain until a | 5451 |
|
warrant can be obtained any other
family or household member who | 5452 |
|
committed the offense and whom the
officer does not have | 5453 |
|
reasonable cause to believe is the primary
physical aggressor. | 5454 |
| (ii) If a person is arrested for or charged
with committing | 5491 |
|
the offense of domestic violence or the offense
of violating a | 5492 |
|
protection order and if the
victim of the offense does not | 5493 |
|
cooperate with the involved law
enforcement or prosecuting | 5494 |
|
authorities in the prosecution of the
offense or, subsequent to | 5495 |
|
the arrest or the filing of the
charges, informs the involved law | 5496 |
|
enforcement or prosecuting
authorities that the victim does not | 5497 |
|
wish the prosecution of the
offense to continue or wishes to drop | 5498 |
|
charges against the alleged
offender relative to the offense, the | 5499 |
|
involved prosecuting
authorities, in determining whether to | 5500 |
|
continue with the
prosecution of the offense or whether to dismiss | 5501 |
|
charges against
the alleged offender relative to the offense and | 5502 |
|
notwithstanding
the victim's failure to cooperate or the victim's | 5503 |
|
wishes, shall
consider all facts and circumstances that are | 5504 |
|
relevant to the
offense, including, but not limited to, the | 5505 |
|
statements and
observations of the peace officers who responded to | 5506 |
|
the incident
that resulted in the arrest or filing of the charges | 5507 |
|
and of all
witnesses to that incident. | 5508 |
| (h) If a peace officer described in division
(A) of this | 5524 |
|
section responds to a report of an alleged
incident of the offense | 5525 |
|
of domestic violence or an alleged
incident of the offense of | 5526 |
|
violating a
protection order and if the circumstances
of the | 5527 |
|
incident
involved the use or threatened use of a deadly weapon or | 5528 |
|
any
person involved in the incident brandished a deadly weapon | 5529 |
|
during
or in relation to the incident, the deadly weapon that was | 5530 |
|
used,
threatened to be used, or brandished constitutes contraband, | 5531 |
|
and,
to the extent possible, the officer shall seize the deadly | 5532 |
weapon
as contraband pursuant to section 2933.43Chapter 2981. of | 5533 |
| the Revised
Code. Upon the seizure of a deadly weapon pursuant to | 5534 |
division
(B)(3)(h) of this section, section
2933.432981.12 of the | 5535 |
| Revised
Code
shall apply regarding the treatment and disposition | 5536 |
|
of the deadly
weapon. For purposes of that section, the | 5537 |
|
"underlying criminal
offense" that was the basis of the
seizure of | 5538 |
| a deadly weapon
under division (B)(3)(h) of
this section and to | 5539 |
| which the
deadly
weapon had a relationship is any of the following | 5540 |
| that is
applicable: | 5541 |
| (4) If, in the circumstances described in divisions
(B)(3)(a) | 5550 |
| to (g) of
this section, a peace officer described in
division
(A) | 5551 |
| of this section arrests and detains a person
pursuant
to division | 5552 |
| (B)(1) of this section, or if,
pursuant to division
(B)(3)(h) of | 5553 |
| this
section, a peace officer described in division
(A) of
this | 5554 |
| section seizes a deadly weapon, the officer, to the
extent | 5555 |
|
described in and in accordance with section 9.86 or 2744.03
of
the | 5556 |
| Revised Code, is immune in any civil action
for damages for | 5557 |
|
injury, death, or loss to person or property that
arises from or | 5558 |
|
is related to the arrest and detention or the
seizure. | 5559 |
| (C) When there is reasonable ground to believe that a | 5560 |
|
violation of division (A)(1), (2), (3), (4), or (5) of section | 5561 |
| 4506.15 or a
violation of section 4511.19 of the Revised Code has | 5562 |
| been
committed by a person operating a motor vehicle subject to | 5563 |
|
regulation by the public utilities commission of Ohio under Title | 5564 |
|
XLIX of the Revised Code, a peace officer with authority to | 5565 |
|
enforce that provision of law may stop or detain the person whom | 5566 |
|
the officer has reasonable cause to believe was operating the | 5567 |
|
motor vehicle in violation of the division or section and, after | 5568 |
|
investigating the circumstances surrounding the operation of the | 5569 |
|
vehicle, may arrest and detain the person. | 5570 |
| (D) If a sheriff, deputy sheriff, marshal, deputy marshal, | 5571 |
|
municipal police officer, member of a police force employed by a | 5572 |
|
metropolitan housing authority under division (D) of section | 5573 |
|
3735.31 of the Revised Code, member of a police force employed by | 5574 |
|
a
regional transit authority under division (Y) of section 306.35 | 5575 |
|
of the Revised
Code, special police officer employed by a port | 5576 |
|
authority under section
4582.04 or 4582.28 of the Revised Code, | 5577 |
|
special police officer employed by a municipal corporation at a | 5578 |
|
municipal airport or other municipal air navigation facility | 5579 |
|
described in division (A) of this section, township constable, | 5580 |
|
police officer of a
township or joint township
police district, | 5581 |
|
state university
law enforcement officer
appointed under section | 5582 |
|
3345.04 of the
Revised Code, peace officer
of the department of | 5583 |
|
natural
resources, individual designated to
perform law | 5584 |
|
enforcement duties
under
section 511.232, 1545.13, or
6101.75 of | 5585 |
|
the Revised Code, the house
sergeant at arms if the
house sergeant | 5586 |
|
at arms has arrest authority pursuant
to division
(E)(1) of | 5587 |
|
section 101.311 of the Revised Code, or an assistant
house | 5588 |
|
sergeant at arms is authorized by
division (A) or
(B) of
this | 5589 |
|
section
to arrest and detain, within the limits of the
political | 5590 |
|
subdivision, metropolitan housing authority housing
project, | 5591 |
|
regional
transit authority facilities or those areas of a | 5592 |
|
municipal
corporation that have been agreed to by a regional | 5593 |
|
transit authority and a
municipal corporation located within its | 5594 |
|
territorial jurisdiction,
port authority,
municipal airport or | 5595 |
|
other municipal air navigation facility, college, or university
in | 5596 |
|
which the officer is
appointed,
employed, or elected or within
the | 5597 |
|
limits of the territorial jurisdiction
of the peace officer, a | 5598 |
|
person until a warrant can be obtained, the peace
officer, outside | 5599 |
|
the limits of that
territory, may pursue, arrest, and detain that | 5600 |
|
person until a warrant
can be
obtained if all of the following | 5601 |
|
apply: | 5602 |
| (2) A member of the police force of a township police | 5629 |
|
district created under section 505.48 of the Revised Code, a | 5630 |
|
member of the police force of a joint township police district | 5631 |
|
created under section 505.481 of the Revised Code, or a
township | 5632 |
|
constable appointed in accordance with section 509.01 of the | 5633 |
|
Revised Code, who has received a certificate from the Ohio peace | 5634 |
|
officer training commission under section 109.75 of the Revised | 5635 |
|
Code,
may arrest and detain, until a warrant can be obtained, any | 5636 |
|
person found violating any section or chapter of the Revised Code | 5637 |
|
listed in division (E)(1) of this section, other than sections | 5638 |
|
4513.33 and 4513.34 of the Revised Code, on the portion of any | 5639 |
|
street or highway that is located immediately adjacent to the | 5640 |
|
boundaries of the township police district or joint township | 5641 |
|
police district, in the case of a member of a township police | 5642 |
|
district or joint township police district police force, or the | 5643 |
|
unincorporated territory of the township, in the case of a | 5644 |
|
township constable. However, if the population of the township | 5645 |
|
that created the township police district served by the member's | 5646 |
|
police force, or the townships that created the joint township | 5647 |
|
police district served by the member's police force, or the | 5648 |
|
township that is served by the township constable, is sixty | 5649 |
|
thousand or less, the member of the township police district or | 5650 |
|
joint police district police force or the township constable may | 5651 |
|
not make an arrest under division (E)(2) of this
section on a | 5652 |
|
state highway that is
included as part of the interstate system. | 5653 |
| A department of mental health special police officer or a | 5679 |
|
department of mental retardation and developmental disabilities | 5680 |
|
special police officer may arrest without a warrant and detain | 5681 |
|
until a
warrant can be obtained any person who has been | 5682 |
|
hospitalized,
institutionalized, or confined in an institution | 5683 |
|
under the
jurisdiction of the particular department pursuant to or | 5684 |
|
under
authority of section 2945.37, 2945.371, 2945.38, 2945.39, | 5685 |
|
2945.40, 2945.401, or 2945.402 of the Revised
Code and who is | 5686 |
|
found committing on the
premises of any institution under the | 5687 |
|
jurisdiction of the
particular department a violation of section | 5688 |
|
2921.34 of the
Revised Code that involves an escape from the | 5689 |
|
premises of the
institution. | 5690 |
| (2)(a) If a department of mental health special police | 5691 |
|
officer
or a department of mental retardation and developmental | 5692 |
|
disabilities special police officer finds any person who has been | 5693 |
|
hospitalized, institutionalized, or confined in an institution | 5694 |
|
under the jurisdiction of the particular department pursuant to
or | 5695 |
|
under authority of section 2945.37, 2945.371, 2945.38,
2945.39, | 5696 |
|
2945.40, 2945.401, or
2945.402 of the Revised Code committing a | 5697 |
|
violation of
section 2921.34 of the Revised Code that involves an | 5698 |
|
escape from
the premises of the institution, or if there is | 5699 |
|
reasonable ground
to believe that a violation of section 2921.34 | 5700 |
|
of the Revised
Code has been committed that involves an escape | 5701 |
|
from the premises
of an institution under the jurisdiction of the | 5702 |
|
department of
mental health or the department of mental | 5703 |
|
retardation and
developmental disabilities and if a department of | 5704 |
|
mental health
special police officer or a department of mental | 5705 |
|
retardation and
developmental disabilities special police officer | 5706 |
|
has reasonable cause
to believe that a particular person who has | 5707 |
|
been hospitalized,
institutionalized, or confined in the | 5708 |
|
institution pursuant to or
under authority of section 2945.37, | 5709 |
|
2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of
the | 5710 |
|
Revised Code is guilty of the violation, the
special police | 5711 |
|
officer, outside of the premises of the institution,
may pursue, | 5712 |
|
arrest, and detain that person for that violation of
section | 5713 |
|
2921.34 of the Revised Code, until a warrant can be
obtained, if | 5714 |
|
both of the following apply: | 5715 |
| (b) For purposes of division (F)(2)(a) of this section,
the | 5721 |
|
execution of a written statement by the administrator of the | 5722 |
|
institution in which a person had been hospitalized, | 5723 |
|
institutionalized, or confined pursuant to or under authority of | 5724 |
|
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or | 5725 |
|
2945.402 of the
Revised Code alleging that the person has escaped | 5726 |
|
from the
premises of the institution in violation of section | 5727 |
|
2921.34 of
the Revised Code constitutes reasonable ground to | 5728 |
|
believe that the violation was committed and reasonable cause to | 5729 |
|
believe that the person alleged in the statement to have
committed | 5730 |
|
the offense is guilty of the violation. | 5731 |
| Sec. 2941.1417. (A) Property is not subject to forfeiture in | 5764 |
| a criminal case unless the indictment, count in the indictment, or | 5765 |
| information charging the offense specifies, to the extent it is | 5766 |
| reasonably known at the time of filing, the nature and extent of | 5767 |
| the alleged offender's interest in the property, a description of | 5768 |
| the property, and, if the property is alleged to be an | 5769 |
| instrumentality, the alleged use or intended use of the property | 5770 |
| in the commission or facilitation of the offense. The | 5771 |
| specification shall be stated at the end of the body of the | 5772 |
| indictment, count, or information and shall be in substantially | 5773 |
| the following form: | 5774 |
| Sec. 2981.03. (A)(1) The state or political subdivision | 5929 |
| acquires provisional title to property subject to forfeiture under | 5930 |
| this chapter upon a person's commission of an offense giving rise | 5931 |
| to forfeiture, subject to third party claims and a final | 5932 |
| adjudication under section 2981.04 or 2981.05 of the Revised Code. | 5933 |
| Provisional title authorizes the state or political subdivision to | 5934 |
| seize and hold the property, and to act to protect the property, | 5935 |
| under this section before any proceeding under this chapter. Title | 5936 |
| to the property vests with the state or political subdivision when | 5937 |
| the trier of fact renders a final forfeiture verdict or order | 5938 |
| under section 2981.04 or 2981.05 of the Revised Code, but that | 5939 |
| title is subject to third party claims adjudicated under those | 5940 |
| sections. | 5941 |
| (2) A law enforcement officer may seize property that the | 5942 |
| officer has reasonable cause to believe is property subject to | 5943 |
| forfeiture. If a law enforcement officer seizes property that is | 5944 |
| titled or registered under law, the officer or the law enforcement | 5945 |
| agency that employs the officer shall notify the property owner of | 5946 |
| the seizure. The agency shall give notice to the property owner at | 5947 |
| the owner's last known address as soon as practical after the | 5948 |
| seizure and may give the notice by certified mail or orally by any | 5949 |
| means, including telephone. If the officer or agency is unable to | 5950 |
| provide the notice required by this division despite reasonable, | 5951 |
| good faith efforts, those efforts constitute fulfillment of the | 5952 |
| notice requirement. | 5953 |
| (4) A person aggrieved by an alleged unlawful seizure of | 5959 |
| property may seek relief from the seizure by filing a motion in | 5960 |
| the appropriate court that shows the person's interest in the | 5961 |
| property, states why the seizure was unlawful, and requests the | 5962 |
| property's return. If the motion is filed before an indictment, | 5963 |
| information, or a complaint seeking forfeiture of the property is | 5964 |
| filed, the court shall promptly schedule a hearing on the motion, | 5965 |
| and at the hearing the person shall demonstrate by a preponderance | 5966 |
| of the evidence that the seizure was unlawful and that the person | 5967 |
| is entitled to the property. If the motion is filed by a defendant | 5968 |
| after an indictment, information, or a complaint seeking | 5969 |
| forfeiture of the property has been filed, the court shall treat | 5970 |
| the motion as a motion to suppress evidence. If the motion is | 5971 |
| filed by a third party after an indictment, information, or a | 5972 |
| complaint seeking forfeiture of the property has been filed, the | 5973 |
| court shall treat the motion as a petition of a person with an | 5974 |
| alleged interest in the subject property, pursuant to divisions | 5975 |
| (E) and (F) of section 2981.04 of the Revised Code. | 5976 |
| (B)(1) Upon application by the prosecutor who prosecutes or | 5991 |
| brings an action that allows forfeiture under this chapter, the | 5992 |
| court in which the action is prosecuted or filed may issue an | 5993 |
| order taking any reasonable action necessary to preserve the | 5994 |
| reachability of the property including, but not limited to, a | 5995 |
| restraining order or injunction, an order requiring execution of a | 5996 |
| satisfactory bond or insurance policy, an order to inspect, | 5997 |
| photograph, or inventory the property, an order placing a lien or | 5998 |
| lis pendens against the property, or an order appointing a | 5999 |
| receiver or trustee. The court may issue an order of this nature | 6000 |
| at any of the following times: | 6001 |
| (3) A court may issue an order under division (B)(1) of this | 6031 |
| section without giving notice or a hearing to a person known to | 6032 |
| have a interest in the property if the prosecutor demonstrates | 6033 |
| that the property is subject to forfeiture and that giving notice | 6034 |
| and a hearing will jeopardize the availability of the property for | 6035 |
| forfeiture. Notwithstanding the ninety-day limit described in | 6036 |
| division (B)(2) of this section, the court shall make an order | 6037 |
| under division (B)(3) of this section effective for not more than | 6038 |
| ten days, but the court may extend the order if the prosecutor | 6039 |
| again demonstrates that the property is subject to forfeiture and | 6040 |
| that a hearing will jeopardize the availability of the property or | 6041 |
| for other good cause shown or if the person subject to the order | 6042 |
| consents to a longer period. If a party requests a hearing on the | 6043 |
| order, the court shall hold the hearing at the earliest possible | 6044 |
| time before the order expires. | 6045 |
| (2) If the person with custody of
the property does not | 6068 |
| release the property within fifteen days after a person makes a | 6069 |
| request under division (D)(1) of this section, or within seven
| 6070 |
|
days after a person makes the request if the property was seized | 6071 |
| as a mobile instrumentality or if the request is to copy records, | 6072 |
| the person who made the request may file a petition for | 6073 |
| conditional release with the court in which the complaint, | 6074 |
| indictment, or information is filed or, if no complaint, | 6075 |
| indictment, or information is filed, the court that issued the | 6076 |
| seizure warrant for the property. The petition shall demonstrate | 6077 |
| how the person meets the requirements specified in divisions | 6078 |
| (D)(3)(a), (b), and (c) of this section and the steps the person | 6079 |
| has taken to secure release of the property from the official. | 6080 |
| Unless extended for good cause shown, the petition shall be filed | 6081 |
| either within thirty days of the filing of a complaint, an | 6082 |
| indictment, or information in the forfeiture action or, if no | 6083 |
| complaint, indictment, or information is filed, within thirty days | 6084 |
| of the issuance of the seizure warrant of the property. | 6085 |
| (B) If a person pleads guilty to or is convicted of an | 6223 |
| offense or is adjudicated a delinquent child for committing a | 6224 |
| delinquent act and the complaint, indictment, or information | 6225 |
| charging the offense or act contains a specification covering | 6226 |
| property subject to forfeiture under section 2981.02 of the | 6227 |
| Revised Code, the trier of fact shall determine whether the | 6228 |
| person's property shall be forfeited. If the state or political | 6229 |
| subdivision proves by a preponderance of the evidence that the | 6230 |
| property is in whole or part subject to forfeiture under section | 6231 |
| 2981.02 of the Revised Code, after a proportionality review under | 6232 |
| section 2981.09 of the Revised Code when relevant, the trier of | 6233 |
| fact shall return a verdict of forfeiture that specifically | 6234 |
| describes the extent of the property subject to forfeiture. If the | 6235 |
| trier of fact is a jury, on the offender's motion, the court shall | 6236 |
| make the determination of whether the property shall be forfeited. | 6237 |
| (C) If the court enters a verdict of forfeiture under this | 6238 |
| section, the court imposing sentence or disposition, in addition | 6239 |
| to any other sentence authorized by Chapter 2929. of the Revised | 6240 |
| Code or any disposition authorized by Chapter 2152. of the Revised | 6241 |
| Code, shall order that the offender or delinquent child forfeit to | 6242 |
| the state or political subdivision the offender's or delinquent | 6243 |
| child's interest in the property. The property vests with the | 6244 |
| state or political subdivision subject to the claims of third | 6245 |
| parties. The court may issue any additional order to affect the | 6246 |
| forfeiture, including, but not limited to, an order under section | 6247 |
| 2981.06 of the Revised Code. | 6248 |
| (D) After the entry of a forfeiture order under this section, | 6249 |
| the prosecutor shall attempt to identify any person with an | 6250 |
| interest in the property subject to forfeiture by searching | 6251 |
| appropriate public records and making reasonably diligent | 6252 |
| inquiries. The prosecutor shall give notice of the forfeiture that | 6253 |
| remains subject to the claims of third parties and proposed | 6254 |
| disposal of the forfeited property to any person known to have an | 6255 |
| interest in the property. The prosecutor also shall publish notice | 6256 |
| of the forfeiture that remains subject to the claims of third | 6257 |
| parties and proposed disposal of the forfeited property once each | 6258 |
| week for two consecutive weeks in a newspaper of general | 6259 |
| circulation in the county in which the property was seized. | 6260 |
| (2)(a) In lieu of filing a petition as described in division | 6279 |
| (E)(1) of this section, a person, other than the offender or | 6280 |
| delinquent child whose conviction or plea of guilty or delinquency | 6281 |
| adjudication is the basis of the forfeiture order, may file an | 6282 |
| affidavit as described in this division to establish the validity | 6283 |
| of the alleged right, title, or interest in the property that is | 6284 |
| the subject of the forfeiture order if the person is a secured | 6285 |
| party or other lienholder of record that asserts a legal interest | 6286 |
| in the property, including, but not limited to, a mortgage, | 6287 |
| security interest, or other type of lien. The affidavit shall | 6288 |
| contain averments that the secured party or other lienholder | 6289 |
| acquired its alleged right, title, or interest in the property in | 6290 |
| the regular course of its business, for a specified valuable | 6291 |
| consideration, without actual knowledge of any facts pertaining to | 6292 |
| the offense that was the basis of the forfeiture order, in good | 6293 |
| faith, and without the intent to prevent or otherwise impede the | 6294 |
| state or political subdivision from seizing or obtaining a | 6295 |
| forfeiture of the property. The person shall file the affidavit | 6296 |
| within thirty days after the earlier of the final publication of | 6297 |
| notice or the receipt of notice under division (D) of this | 6298 |
| section. | 6299 |
| (3) Upon receipt of a petition or affidavit filed under | 6315 |
| division (E)(1) or (2) of this section, the court shall hold a | 6316 |
| hearing to determine the validity of the petitioner's interest in | 6317 |
| the property that is the subject of the forfeiture order or, if | 6318 |
| the affidavit was challenged, to determine the validity of the | 6319 |
| affiant's interest in the property. To the extent practicable and | 6320 |
| consistent with the interests of justice, the court shall hold the | 6321 |
| hearing within thirty days after the filing of the petition or | 6322 |
| within thirty days after the prosecutor files the motion | 6323 |
| challenging the affidavit. The court may consolidate the hearing | 6324 |
| with a hearing on any other petition or affidavit that is filed by
| 6325 |
| a person
other than the offender or
delinquent child whose | 6326 |
| conviction or plea of guilty or delinquency adjudication is the | 6327 |
| basis of the forfeiture order and that relates to the property | 6328 |
| that is the subject of the forfeiture order. | 6329 |
| (B) Prior to or upon the commencement of a civil forfeiture | 6383 |
| action, the prosecutor shall attempt to identify any person with | 6384 |
| an interest in the property subject to forfeiture by searching | 6385 |
| appropriate public records and making reasonably diligent | 6386 |
| inquiries. The prosecutor shall give notice of the commencement of | 6387 |
| the civil action, together with a copy of the complaint, to each | 6388 |
| person who is reasonably known to have any interest in the | 6389 |
| property, by certified mail, return receipt requested, or by | 6390 |
| personal service. The prosecutor shall cause a similar notice to | 6391 |
| be published once each week for two consecutive weeks in a | 6392 |
| newspaper of general circulation in the county in which the | 6393 |
| property is located. | 6394 |
| (D) The court shall issue a civil forfeiture order if it | 6404 |
| determines that the prosecutor has proved by a preponderance of | 6405 |
| the evidence that the property is subject to forfeiture under | 6406 |
| section 2981.02 of the Revised Code, and, after a proportionality | 6407 |
| review under section 2981.09 of the Revised Code when relevant, | 6408 |
| the trier of fact specifically describes the extent of the | 6409 |
| property to be forfeited. A civil forfeiture order shall state | 6410 |
| that all interest in the property in question of the adult or | 6411 |
| juvenile who committed the act that is the basis of the order is | 6412 |
| forfeited to the state or political subdivision and shall make due | 6413 |
| provision for the interest in that property of any other person, | 6414 |
| when appropriate under this section. The court may issue any | 6415 |
| additional order to affect the forfeiture, including, but not | 6416 |
| limited to, one or more orders under section 2981.06 of the | 6417 |
| Revised Code. | 6418 |
| (2) Each law enforcement agency that during any calendar year | 6611 |
| has any seized or forfeited property covered by this section in | 6612 |
| its custody, including amounts distributed under section 2981.13 | 6613 |
| of the Revised Code to its law enforcement trust fund or a similar | 6614 |
| fund created for the state highway patrol, department of public | 6615 |
| safety, or state board of pharmacy, shall prepare a report | 6616 |
| covering the calendar year that cumulates all of the information | 6617 |
| contained in all of the public records kept by the agency pursuant | 6618 |
| to this section for that calendar year. The agency shall send a | 6619 |
| copy of the cumulative report to the attorney general not later | 6620 |
| than the first day of March in the calendar year following the | 6621 |
| calendar year covered by the report. | 6622 |
| (4) Beer, intoxicating liquor, or alcohol seized from a | 6678 |
| person who does not hold a permit issued under Chapters 4301. and | 6679 |
| 4303. of the Revised Code or otherwise forfeited to the state for | 6680 |
| an offense under section 4301.45 or 4301.53 of the Revised Code | 6681 |
| shall be sold by the division of liquor control if the division | 6682 |
| determines that it is fit for sale or shall be placed in the | 6683 |
| custody of the investigations unit in the department of public | 6684 |
| safety and be used for training relating to law enforcement | 6685 |
| activities. The department, with the assistance of the division of | 6686 |
| liquor control, shall adopt rules in accordance with Chapter 119. | 6687 |
| of the Revised Code to provide for the distribution to state or | 6688 |
| local law enforcement agencies upon their request. If any tax | 6689 |
| imposed under Title XLIII of the Revised Code has not been paid in | 6690 |
| relation to the beer, intoxicating liquor, or alcohol, any moneys | 6691 |
| acquired from the sale shall first be used to pay the tax. All | 6692 |
| other money collected under this division shall be paid into the | 6693 |
| state treasury. Any beer, intoxicating liquor, or alcohol that the | 6694 |
| division determines to be unfit for sale shall be destroyed. | 6695 |
| (D) If the property was in the possession of the law | 6736 |
| enforcement agency in relation to a delinquent child proceeding in | 6737 |
| a juvenile court, ten per cent of any moneys acquired from the | 6738 |
| sale of property disposed of under this section shall be applied | 6739 |
| to one or more alcohol and drug addiction treatment programs that | 6740 |
| are certified by the department of alcohol and drug addiction | 6741 |
| services under section 3793.06 of the Revised Code. A juvenile | 6742 |
| court shall not specify a program, except as provided in this | 6743 |
| division, unless the program is in the same county as the court or | 6744 |
| in a contiguous county. If no certified program is located in any | 6745 |
| of those counties, the juvenile court may specify a certified | 6746 |
| program anywhere in Ohio. The remaining ninety per cent of the | 6747 |
| proceeds or cash shall be applied as provided in division (C) of | 6748 |
| this section. | 6749 |
| Each treatment program that receives in any calendar year | 6750 |
| forfeited money under this division shall file an annual report | 6751 |
| for that year with the attorney general and with the court of | 6752 |
| common pleas and board of county commissioners of the county in | 6753 |
| which the program is located and of any other county from which | 6754 |
| the program received forfeited money. The program shall file the | 6755 |
| report on or before the first day of March in the calendar year | 6756 |
| following the calendar year in which the program received the | 6757 |
| money. The report shall include statistics on the number of | 6758 |
| persons the program served, identify the types of treatment | 6759 |
| services it provided to them, and include a specific accounting of | 6760 |
| the purposes for which it used the money so received. No | 6761 |
| information contained in the report shall identify, or enable a | 6762 |
| person to determine the identity of, any person served by the | 6763 |
| program. | 6764 |
| (E) Each certified alcohol and drug addiction treatment | 6765 |
| program that receives in any calendar year money under this | 6766 |
| section or under section 2981.13 of the Revised Code as the result | 6767 |
| of a juvenile forfeiture order shall file an annual report for | 6768 |
| that calendar year with the attorney general and with the court of | 6769 |
| common pleas and board of county commissioners of the county in | 6770 |
| which the program is located and of any other county from which | 6771 |
| the program received the money. The program shall file the report | 6772 |
| on or before the first day of March in the calendar year following | 6773 |
| the year in which the program received the money. The report shall | 6774 |
| include statistics on the number of persons served with the money, | 6775 |
| identify the types of treatment services provided, and | 6776 |
| specifically account for how the money was used. No information in | 6777 |
| the report shall identify or enable a person to determine the | 6778 |
| identity of anyone served by the program. | 6779 |
| (F) Each board of county commissioners that recognizes a | 6787 |
| citizens' reward program under section 9.92 of the Revised Code | 6788 |
| shall notify each law enforcement agency of that county and of a | 6789 |
| township or municipal corporation wholly located in that county of | 6790 |
| the
recognition by filing a copy of its resolution conferring that | 6791 |
| recognition with each of those agencies. When the board recognizes | 6792 |
| a citizens' reward program and the county includes a part, but not | 6793 |
| all, of the territory of a municipal corporation, the board shall | 6794 |
| so notify the law enforcement agency of that municipal corporation | 6795 |
| of the recognition of the citizens' reward program only if the | 6796 |
| county contains the highest percentage of the municipal | 6797 |
| corporation's population. | 6798 |
| (b) If the forfeiture was ordered in a juvenile court, ninety | 6843 |
| per cent, and if the forfeiture was ordered in a court other than | 6844 |
| a juvenile court, one hundred per cent to the law enforcement | 6845 |
| trust fund of the prosecutor and to the following fund supporting | 6846 |
| the law enforcement agency that substantially conducted the | 6847 |
| investigation: the law enforcement trust fund of the county | 6848 |
| sheriff, municipal corporation, township, or park district created | 6849 |
| under section 511.18 or 1545.01 of the Revised Code; the state | 6850 |
| highway patrol contraband, forfeiture, and other fund; the | 6851 |
| department of public safety investigative unit contraband, | 6852 |
| forfeiture, and other fund; the board of pharmacy drug law | 6853 |
| enforcement fund created by division (B)(1) of section 4729.65 of | 6854 |
| the Revised Code; the medicaid fraud investigation and prosecution | 6855 |
| fund; or the treasurer of state for deposit into the peace officer | 6856 |
| training commission fund if any other state law enforcement agency | 6857 |
| substantially conducted the investigation. In the case of property | 6858 |
| forfeited for medicaid fraud, any remaining amount shall be used | 6859 |
| by the attorney general to investigate and prosecute medicaid | 6860 |
| fraud offenses. | 6861 |
| (C)(1) A law enforcement trust fund shall be established by | 6872 |
| the prosecutor of each county who intends to receive any remaining | 6873 |
| amounts pursuant to this section, by the sheriff of each county, | 6874 |
| by the legislative authority of each municipal corporation, by the | 6875 |
| board of township trustees of each township that has a township | 6876 |
| police department, township police district police force, or | 6877 |
| office of the constable, and by the board of park commissioners of | 6878 |
| each park district created pursuant to section 511.18 or 1545.01 | 6879 |
| of the Revised Code that has a park district police force or law | 6880 |
| enforcement department, for the purposes of this section. | 6881 |
| (D) The written internal control policy of a county sheriff, | 6973 |
| prosecutor, municipal corporation police department, township | 6974 |
| police department, township police district police force, office | 6975 |
| of the constable, or park district police force or law enforcement | 6976 |
| department shall provide that at least ten per cent of the first | 6977 |
| one hundred thousand dollars of amounts deposited during each | 6978 |
| calendar year in the agency's law enforcement trust fund under | 6979 |
| this section, and at least twenty per cent of the amounts | 6980 |
| exceeding one hundred thousand dollars that are so deposited, | 6981 |
| shall be used in connection with community preventive education | 6982 |
| programs. The manner of use shall be determined by the sheriff, | 6983 |
| prosecutor, department, police force, or office of the constable | 6984 |
| after receiving and considering advice on appropriate community | 6985 |
| preventive education programs from the county's board of alcohol, | 6986 |
| drug addiction, and mental health services, from the county's | 6987 |
| alcohol and drug addiction services board, or through appropriate | 6988 |
| community dialogue. | 6989 |
| (A) The court or magistrate having jurisdiction shall
order | 7034 |
| the controlled substances forfeited and destroyed. The
agency | 7035 |
| served by the peace officer who obtained or took custody
of the | 7036 |
| controlled substances may destroy them or may send them to
the | 7037 |
| bureau of criminal identification and investigation for | 7038 |
|
destruction by it. A record of the place where the controlled | 7039 |
|
substances were seized, of the kinds and quantities of controlled | 7040 |
|
substances so destroyed, and of the time, place, and manner of | 7041 |
|
destruction, shall be kept, and a return under oath, reporting
the | 7042 |
| destruction, shall be made by the officer who destroys them
to the | 7043 |
| court or magistrate and to the United States director,
bureau of | 7044 |
| narcotics and dangerous drugs. | 7045 |
| (iii) The sale involves a controlled substance that,
during | 7096 |
| the course of another sale, was intercepted by the peace
officer | 7097 |
| who makes the sale or any other peace officer who serves
the same | 7098 |
| agency served by the peace officer who makes the sale;
the | 7099 |
| intended recipient of the controlled substance in the other
sale | 7100 |
| does not know that the controlled substance has been so | 7101 |
|
intercepted; the sale in question is made to the intended | 7102 |
|
recipient of the controlled substance in the other sale and is | 7103 |
|
undertaken with the intent of obtaining evidence of a drug abuse | 7104 |
|
offense against the intended recipient of the controlled | 7105 |
|
substance; and the sale in question does not involve the transfer | 7106 |
|
of any money or other thing of value to the peace officer who | 7107 |
|
makes the sale or any other peace officer who serves the same | 7108 |
|
agency served by the peace officer who makes the sale in exchange | 7109 |
|
for the controlled substance. | 7110 |
| (C) If a peace officer sells a controlled substance in the | 7199 |
|
performance of the officer's official duties under division (A)(1) | 7200 |
|
or (2) of this section, the peace officer, within a reasonable | 7201 |
| time
after the sale, shall provide the prosecuting attorney who | 7202 |
|
granted approval for the sale with a written summary that | 7203 |
|
identifies the amount and type of controlled substance sold, the | 7204 |
|
circumstances of the sale, and the amount of any money or other | 7205 |
|
thing of value obtained in the sale in exchange for the
controlled | 7206 |
| substance. The summary shall not identify or enable
the | 7207 |
| identification of any peace officer involved in the sale and
shall | 7208 |
| not contain any information that is or may be needed in an
ongoing | 7209 |
| investigation. | 7210 |
| (D)(1) Except as provided in division (D)(2) of this
section, | 7211 |
| if a peace officer sells a controlled substance in the
performance | 7212 |
| of the officer's official duties under division (A)(1)
or (2) of | 7213 |
| this section, the peace officer, as soon as possible after the | 7214 |
|
sale, shall deliver all money or other things of value obtained
in | 7215 |
| the sale in exchange for the controlled substance to the | 7216 |
|
prosecuting attorney who granted approval for the sale. The | 7217 |
|
prosecuting attorney shall safely keep all money and other things | 7218 |
|
of value the prosecuting attorney receives under this division for | 7219 |
|
use as evidence in
any criminal action or delinquency proceeding | 7220 |
| based upon the sale. All
money so received by a prosecuting | 7221 |
| attorney that no longer is
needed as evidence in any criminal | 7222 |
| action or delinquency proceeding
shall be deposited by the | 7223 |
| prosecuting attorney in the law
enforcement trust fund of the | 7224 |
| sheriff if the peace officer who
made the sale is the sheriff or a | 7225 |
| deputy sheriff or the law
enforcement trust fund of a municipal | 7226 |
| corporation or township if
it is served by the peace officer who | 7227 |
made the sale, as
established pursuant to section 2933.432981.13 | 7228 |
| of the Revised Code, and
upon deposit shall be expended only as | 7229 |
| provided in that section. All other
things of value so received by | 7230 |
| a prosecuting attorney
that no longer are needed as evidence in | 7231 |
| any criminal action or
delinquency proceeding shall be disposed | 7232 |
| of, without appraisal,
at a public auction to the highest bidder | 7233 |
| for cash; the proceeds
of the sale shall be deposited by the | 7234 |
| prosecuting attorney in the
law enforcement trust fund of the | 7235 |
| sheriff if the peace officer
who made the sale is the sheriff or a | 7236 |
| deputy sheriff or the law
enforcement trust fund of a municipal | 7237 |
| corporation or township if
it is served by the peace officer who | 7238 |
made the sale, as
established pursuant to section 2933.432981.13 | 7239 |
| of the Revised Code, and
upon deposit shall be expended only as | 7240 |
| provided in that section. Each law
enforcement agency that uses | 7241 |
| any money that was
deposited in a law enforcement trust fund | 7242 |
| pursuant to this
division shall comply with the written internal | 7243 |
| control policy
adopted by the agency, as required by division | 7244 |
| (A)(1)(g) or
(2)(b) of this section, in its use of the money. | 7245 |
| (3) If division (D)(1) of this section does not apply in | 7262 |
|
relation to a peace officer who sells a controlled substance in | 7263 |
|
the performance of the officer's official duties under division | 7264 |
|
(A)(1) of this section due to the operation of division (D)(2) of | 7265 |
| this
section, the peace officer, as soon as possible after the | 7266 |
| sale,
shall deliver to the prosecuting attorney who granted | 7267 |
| approval
for the sale a written summary that describes the | 7268 |
| circumstances
of the sale and the reason for which division (D)(1) | 7269 |
| of this
section does not apply. The summary shall not identify or | 7270 |
| enable
the identification of any peace officer involved in the | 7271 |
| sale and
shall not contain any information that is or may be | 7272 |
| needed in an
ongoing investigation. | 7273 |
| (E)(1) A written internal control policy adopted by a law | 7274 |
|
enforcement agency that is served by a peace officer who sells a | 7275 |
|
controlled substance under division (A)(1) or (2) of this
section, | 7276 |
| as required by division (A)(1)(g) or (2)(b) of
this section, is a | 7277 |
| public record open for inspection under section
149.43 of the | 7278 |
| Revised Code. Each law enforcement agency that
adopts a written | 7279 |
| internal control policy of that
nature shall comply with it in | 7280 |
| relation to any sale
of a controlled substance under division | 7281 |
| (A)(1) or (2) of this
section. All records as to the amount of | 7282 |
| money or things of
value obtained in the sale of a controlled | 7283 |
| substance, in exchange
for the controlled substance, and all | 7284 |
| financial records of the
receipts of the proceeds, the general | 7285 |
| types of expenditures made
out of the proceeds received, and the | 7286 |
| specific amounts of each
general type of expenditure by a law | 7287 |
| enforcement agency in
relation to any sale of a controlled | 7288 |
| substance under division
(A)(1) or (2) of this section are public | 7289 |
| records open for
inspection under section 149.43 of the Revised | 7290 |
| Code. | 7291 |
| (2) Each prosecuting attorney who receives any money or
any | 7305 |
| other thing of value under division (D)(1) of this section
shall | 7306 |
| keep detailed financial records of the receipts and
dispositions | 7307 |
| of all such moneys or things of value so received.
No record of | 7308 |
| that nature shall identify, or enable the identification of,
any | 7309 |
| person from whom money or another thing of value was received
as a | 7310 |
| result of the sale of a controlled substance under division
(A)(1) | 7311 |
| or (2) of this section or contain any information that is
or may | 7312 |
| be needed in an ongoing investigation. Each record of
that nature | 7313 |
| is a public record open for inspection under section 149.43 of the | 7314 |
|
Revised Code and shall include, but is not limited to, all of the | 7315 |
| following
information: | 7316 |
| (G) Divisions (A) to (F) of this section do not apply to
any | 7324 |
| peace officer, or to any officer, agent, or employee of the
United | 7325 |
| States, who is operating under the management and
direction of the | 7326 |
| United States department of justice. Any peace
officer, or any | 7327 |
| officer, agent, or employee of the United States,
who is operating | 7328 |
| under the management and direction of the United
States department | 7329 |
| of justice may sell a controlled substance in
the performance of | 7330 |
| the officer's, agent's, or employee's official
duties if the sale | 7331 |
| is made in
accordance with federal statutes and regulations. | 7332 |
| Sec. 3719.21. Except as provided in division (C) of section | 7337 |
2923.42, division (B)(5) of section 2923.44, divisions
(D)(1), | 7338 |
|
(F), and (H) of section 2925.03, division (D)(1) of
section | 7339 |
|
2925.02, 2925.04, or 2925.05, division (E)(1) of section
2925.11, | 7340 |
|
division (F) of section 2925.13, division (F) of section
2925.36, | 7341 |
|
division
(D) of section 2925.22, division (H) of section
2925.23, | 7342 |
division (M)
of section 2925.37, division (B)(5) of
section | 7343 |
|
2925.42, division
(B) of section 2929.18, division (D) of
section | 7344 |
|
3719.99,
division (B)(1) of section 4729.65, and division
(E)(3) | 7345 |
|
of section 4729.99 of the Revised Code, the clerk of the
court | 7346 |
|
shall pay all fines or forfeited bail assessed and collected
under | 7347 |
|
prosecutions or prosecutions commenced for violations of
this | 7348 |
|
chapter,
section 2923.42 of the Revised Code, or Chapter
2925. of | 7349 |
|
the Revised Code,
within thirty days, to the executive
director of | 7350 |
|
the state board of pharmacy,
and the executive
director shall | 7351 |
|
deposit the fines into the state
treasury to the
credit of the | 7352 |
|
occupational licensing and regulatory fund. | 7353 |
| Sec. 3729.13. (A) A campsite user who enters into a campsite | 7354 |
|
use
agreement with a camp operator for the use of a campsite at
a | 7355 |
|
recreational vehicle park, recreation camp, combined park-camp,
or | 7356 |
|
temporary park-camp, at the expiration of the campsite use
period | 7357 |
|
under
the agreement, shall remove from the campsite all of
the | 7358 |
|
campsite user's property and all property any other person
placed | 7359 |
|
on the
campsite with the permission of the campsite user.
If the | 7360 |
|
campsite user fails to
remove all of that property from the | 7361 |
|
campsite within the five-consecutive-day period
after the | 7362 |
|
expiration of that campsite use period, all of the following | 7363 |
|
apply: | 7364 |
|
(6) Upon the removal and storage of the property, the | 7414 |
|
sheriff, peace officer, bailiff, or camp operator shall conduct
or | 7415 |
| cause to be
conducted a search of the appropriate public
records | 7416 |
| that relate
to the property and shall make or cause to be
made | 7417 |
| reasonably
diligent inquiries for the purpose of identifying | 7418 |
|
persons who have
any right, title, or interest in any of the | 7419 |
|
property. Then, the
sheriff, peace officer, bailiff, or camp | 7420 |
|
operator may commence proceedings for
the sale of the property. | 7421 |
|
The sheriff, peace officer, bailiff, or camp operator
shall send | 7422 |
|
by certified mail, return receipt requested, a written
notice of | 7423 |
|
the date, time, and place of the sale to each person
who, because | 7424 |
|
of the conduct of the search, the making of
inquiries, or | 7425 |
|
otherwise, the sheriff, peace officer, bailiff, or camp operator | 7426 |
|
believes has any right, title, or interest in the property. The | 7427 |
|
sheriff, peace officer, bailiff, or camp operator shall send the | 7428 |
|
notice to the
last known address of each of those persons. | 7429 |
| Sec. 3743.68. (A) The fire marshal, an assistant fire | 7459 |
|
marshal, or a certified fire safety inspector may arrest, or may | 7460 |
|
cause the arrest of, any person
whom the fire marshal,
assistant | 7461 |
|
fire marshal, or certified fire safety inspector finds
in the act | 7462 |
|
of violating, or who the fire marshal, assistant fire
marshal, or | 7463 |
|
certified fire safety inspector has reasonable cause
to believe | 7464 |
|
has violated, sections 3743.60 to 3743.66 of the
Revised Code.
Any | 7465 |
|
arrest shall be made in accordance with
statutory and | 7466 |
|
constitutional provisions governing arrests by law
enforcement | 7467 |
|
officers. | 7468 |
| (B) If the fire marshal, an assistant fire marshal, or | 7469 |
|
certified fire safety inspector has probable cause to believe
that | 7470 |
|
fireworks are being manufactured, sold, possessed,
transported, or | 7471 |
|
used in violation of this chapter, the fire
marshal, assistant | 7472 |
|
fire marshal, or certified fire safety
inspector may seize the | 7473 |
|
fireworks. Any seizure of fireworks
shall be made in accordance | 7474 |
|
with statutory and constitutional
provisions governing searches | 7475 |
|
and seizures by law enforcement
officers. The fire marshal's or | 7476 |
|
certified fire safety
inspector's office shall
impound at the site | 7477 |
|
or safely keep seized
fireworks pending the time they are no | 7478 |
|
longer needed as evidence.
A sample
of the seized fireworks is | 7479 |
|
sufficient for evidentiary purposes. The
remainder of the seized | 7480 |
|
fireworks may be disposed of pursuant to an order from
a court of | 7481 |
|
competent jurisdiction after notice and a hearing. | 7482 |
| (D) Any fines imposed for a violation of this chapter | 7497 |
|
relating to the sale, purchase, possession, or discharge of | 7498 |
|
fireworks shall be distributed in the following manner if a | 7499 |
|
municipal corporation, county, or township either filed or | 7500 |
|
enforced the complaint regarding the violation. One-half of the | 7501 |
|
amount of the fine shall be distributed to the municipal | 7502 |
|
corporation, county, or township which filed the complaint | 7503 |
|
regarding the violation and one-half of the amount of the fine | 7504 |
|
shall be distributed to the municipal corporation, county, or | 7505 |
|
township which enforced the complaint. If the same municipal | 7506 |
|
corporation, county, or township both filed the complaint | 7507 |
|
regarding the violation and enforced the complaint, the entire | 7508 |
|
amount of the fine shall be distributed to that municipal | 7509 |
|
corporation, county, or township. | 7510 |
| Sec. 3745.13. (A) When emergency action is required to | 7511 |
|
protect
the public health or safety or the environment, any person | 7512 |
|
responsible for causing or allowing an unauthorized spill, | 7513 |
|
release, or discharge of material into or upon the environment
or | 7514 |
|
responsible for the operation of an illegal methamphetamine | 7515 |
|
manufacturing laboratory that has caused contamination of the | 7516 |
|
environment is
liable to the
municipal corporation, county, | 7517 |
|
township, countywide
emergency
management agency established under | 7518 |
|
section
5502.26 of
the Revised
Code, regional authority for | 7519 |
|
emergency
management
established
under section 5507.27 of the | 7520 |
|
Revised Code, or emergency management
program established by a | 7521 |
|
political subdivision under section
5502.271 of the Revised Code, | 7522 |
|
having
territorial jurisdiction, or
responsibility for emergency | 7523 |
|
management activities in the location
of the spill, release,
| 7524 |
|
discharge,
or
contamination, for the necessary and reasonable, | 7525 |
|
additional or
extraordinary costs it incurs in investigating, | 7526 |
|
mitigating,
minimizing, removing, or abating the spill, release, | 7527 |
|
discharge, or contamination,
in the course of its
emergency | 7528 |
|
action, but, to the extent
criteria and methods for
response | 7529 |
|
actions prescribed under 40
C.F.R. 300, as amended, may
be applied | 7530 |
|
to the type of material
involved and the conditions of
the spill, | 7531 |
|
release,
discharge,
or
contamination, that person is liable for | 7532 |
|
those costs only if the
political
subdivision, countywide agency, | 7533 |
|
or regional authority
employed
those criteria and methods in its | 7534 |
|
emergency action. | 7535 |
| The officers
of the municipal corporation, county, township, | 7536 |
|
countywide
emergency management agency, or regional authority for | 7537 |
|
emergency
management performing the emergency action shall keep a | 7538 |
|
detailed
record of its costs for investigating, mitigating, | 7539 |
|
minimizing,
removing, or abating the unauthorized spill, release,
| 7540 |
|
discharge, or contamination; promptly
after the completion of | 7541 |
|
those measures, shall
certify those costs
to the city director of | 7542 |
|
law or village
solicitor, as appropriate,
of the municipal | 7543 |
|
corporation, the
prosecuting attorney of the
county in the case of | 7544 |
|
a county,
township, or countywide emergency
management agency, or | 7545 |
|
the legal
counsel retained thereby in the
case of a regional | 7546 |
|
authority for
emergency management; and may
request that the legal | 7547 |
|
officer or
counsel bring a civil action for
recovery of costs | 7548 |
|
against the
person responsible for the
unauthorized spill, | 7549 |
|
release, or
discharge
or
responsible for
the operation of
the | 7550 |
|
illegal methamphetamine
manufacturing
laboratory that caused | 7551 |
|
contamination of
the environment. If the officers request that
the | 7552 |
| legal officer
or counsel bring such a civil action regarding | 7553 |
|
emergency action
taken in relation to the operation of an illegal | 7554 |
|
methamphetamine
manufacturing laboratory that has caused | 7555 |
|
contamination of the environment, the legal
officer or
counsel | 7556 |
|
also may pursue a forfeiture proceeding against
the
responsible | 7557 |
person under sections 2923.31 to 2923.36, 2923.44 to 2923.47, | 7558 |
sections
2925.41 to
2925.45, or sections 2933.42 to 2933.43 | 7559 |
| Chapter 2981. of the
Revised
Code, or in
any other manner | 7560 |
| authorized by law. | 7561 |
| The legal officer or counsel shall submit a written,
itemized | 7562 |
|
claim
for the total certified costs incurred by the
municipal | 7563 |
|
corporation, county, township, countywide agency, or
regional | 7564 |
|
authority for the emergency action to the responsible
party and a | 7565 |
|
written demand that those costs be paid to the
political | 7566 |
|
subdivision, countywide agency, or regional authority.
Not less | 7567 |
|
than thirty days before bringing a civil action for
recovery of | 7568 |
|
those costs, the legal officer or counsel shall mail
written | 7569 |
|
notice to the responsible party informing the responsible
party | 7570 |
|
that, unless the total certified costs are paid to the
political | 7571 |
|
subdivision, countywide agency, or regional authority
within | 7572 |
|
thirty days after the date of mailing of the notice, the
legal | 7573 |
|
officer or counsel will bring a civil action for that
amount.
| 7574 |
|
Except for emergency action taken in relation to the operation of | 7575 |
|
an illegal methamphetamine manufacturing laboratory that has | 7576 |
|
caused contamination of the
environment, in making a determination | 7577 |
|
of an award for
reimbursement,
the responsible party's status as a | 7578 |
|
taxpayer to the
governmental
entity shall be taken into | 7579 |
|
consideration. Nothing in
this
section prevents a political | 7580 |
|
subdivision, countywide
emergency
management agency, or regional | 7581 |
|
authority for emergency
management
from entering into a settlement | 7582 |
|
of a claim against a
responsible
party that compromises the amount | 7583 |
|
of the claim.
Moneys
recovered
as described in this section
shall | 7584 |
|
be
credited to
the appropriate funds of
the political
subdivision, | 7585 |
|
countywide
agency, or regional
authority from which
moneys were | 7586 |
|
expended in
performing the
emergency action. | 7587 |
| (B)(1) In case of any seizure of beer or intoxicating liquor | 7603 |
| under execution of any judgment rendered against the
holder of a | 7604 |
| permit, in relation to the foreclosure of any lien on
any beer or | 7605 |
| intoxicating liquor belonging to a
holder of a permit, in relation | 7606 |
| to the insolvency or bankruptcy of
a holder of a permit, or in any | 7607 |
| other case in which judicial process is
employed to subject any | 7608 |
| beer or intoxicating liquor
belonging to or in the possession of | 7609 |
| the holder of a permit to
any claim, the person seizing the beer | 7610 |
| or
intoxicating liquor or the person's designee may sell it, | 7611 |
| subject to division (B)(2) of this section, after obtaining the | 7612 |
| written consent of the division of liquor control. Proceeds from | 7613 |
| the sale of the beer or intoxicating liquor shall be paid in | 7614 |
| accordance with the applicable law and the orders of the
court | 7615 |
| issuing the process. | 7616 |
| Sec. 4301.45. When any law enforcement officer discovers any | 7621 |
| person in the
act of transporting in violation of law beer or | 7622 |
| intoxicating liquors in
any wagon, buggy, automobile, watercraft, | 7623 |
aircraft, or other
vehicle, hethe officer shall seize all beer or | 7624 |
| intoxicating
liquors found
therein being transported contrary to | 7625 |
| law. Whenever beer or
intoxicating liquors transported or | 7626 |
| possessed illegally are
seized by a law enforcement officer, the | 7627 |
|
officer shall take possession of the
vehicle and team, or | 7628 |
| automobile, boat, watercraft, aircraft, or
any other conveyance, | 7629 |
| and shall arrest any person in charge
thereof. The law enforcement | 7630 |
| officer shall at once proceed
against the person arrested under | 7631 |
| Chapters 4301. and 4303. of the Revised
Code, in any court having | 7632 |
| jurisdiction of offenses under those chapters,
but the vehicle or | 7633 |
conveyance shall be returned to the owner
upon execution by him | 7634 |
| the owner of a valid bond with sufficient
sureties,
in a sum equal | 7635 |
| to the value of the property, which bond shall be
approved by the | 7636 |
| law enforcement officer and shall be conditioned to return
said | 7637 |
|
property to the custody of said officer on the day of trial to | 7638 |
|
abide by the judgment of the court. The court, upon conviction of | 7639 |
|
the person so arrested, shall order the beer or intoxicating | 7640 |
|
liquor that was not illegally manufactured to be forfeited to the | 7641 |
state and disposed of under section 2933.41sections 2981.11 to | 7642 |
| 2981.13 of the Revised Code,
and unless good cause to the contrary | 7643 |
| is shown by the owner,
shall order a sale at public auction of the | 7644 |
| property seized, and
the officer making the sale, after deducting | 7645 |
| the expenses of
keeping the property, the fee for the seizure, and | 7646 |
| the cost of
the sale, shall pay all liens, according to their | 7647 |
| priorities,
which are established, by intervention or otherwise at | 7648 |
| said
hearing or in other proceeding brought for said purpose, as | 7649 |
| being
bona fide and as having been created without the lienor | 7650 |
| having
any notice that the carrying vehicle was being used or was | 7651 |
| to be
used for illegal transportation of beer or intoxicating | 7652 |
| liquor,
and shall distribute the balance as money arising from | 7653 |
| fines and
forfeited bonds under such chapters is distributed. The | 7654 |
| court,
upon conviction of the person so arrested, shall order the | 7655 |
| beer or
intoxicating liquor that was illegally manufactured to be | 7656 |
|
destroyed. | 7657 |
| All liens against property sold under this section shall be | 7658 |
|
transferred from the property to the proceeds of the sale of the | 7659 |
|
property. If no claimant is found for the team, vehicle, | 7660 |
|
watercraft, aircraft, automobile, or other conveyance, the taking | 7661 |
|
of the same, with its description, shall be advertised in some | 7662 |
|
newspaper published in the city or county where taken, or if
there | 7663 |
| is no newspaper published in such city or county, in a
newspaper | 7664 |
| having circulation in the county, once a week for four
weeks and | 7665 |
| by handbills posted in three public places near the
place of | 7666 |
| seizure, and if no claimant appears within ten days
after the last | 7667 |
| publication of the advertisement, the property
shall be sold and | 7668 |
| the proceeds after deducting the expense and
costs shall be | 7669 |
| distributed as if there were a claimant for said
vehicle or | 7670 |
| conveyance. | 7671 |
| Sec. 4301.53. The judge of a court of record may issue | 7672 |
|
warrants to search a house, building, place, vehicle, watercraft, | 7673 |
|
aircraft, or conveyance for beer, alcohol, or intoxicating liquor | 7674 |
|
manufactured, possessed, stored, concealed, sold, furnished,
given | 7675 |
| away, or transported in violation of Chapters 4301. and
4303. of | 7676 |
| the Revised Code, and the containers in which the same
is found, | 7677 |
| or machinery, tools, implements, equipment, supplies,
and | 7678 |
| materials used or kept for use in manufacturing beer or | 7679 |
|
intoxicating liquor in violation of those chapters, and to
seize | 7680 |
|
any of that property and things found in
it, together with the | 7681 |
|
vehicle, watercraft, aircraft, or conveyance in which the same is | 7682 |
|
found. The issuance of those warrants is subject in all
respects | 7683 |
|
to sections 2933.22 to 2933.27 of the Revised Code; except that | 7684 |
|
any such vehicle, watercraft, aircraft, or other conveyance shall | 7685 |
|
be returned to its owner upon execution by the owner of a
bond | 7686 |
| with
surety to the satisfaction of the
enforcement agent of the | 7687 |
|
department of public safety or other law enforcement officer | 7688 |
| making the
seizure in
an equal amount to its value, conditioned | 7689 |
| upon its return to the
custody of such agent or officer on the day | 7690 |
| of trial to abide by the
judgment of the court. Upon conviction of | 7691 |
| any violation of
Chapters 4301. and 4303. of the Revised Code, any | 7692 |
| property found
in the possession of the person convicted or the | 7693 |
| person's agent or
employee shall be disposed of as provided in | 7694 |
| section 4301.45 of
the Revised Code. If the accused is discharged | 7695 |
| by the judge or
magistrate, such vehicle, watercraft, aircraft, or | 7696 |
| other
conveyance shall be returned to its owner, and any bond | 7697 |
| given
pursuant to this section shall be canceled. If the accused | 7698 |
| is
the holder of a permit issued under Chapters 4301. and 4303. of | 7699 |
|
the Revised Code, any beer, intoxicating liquor, or alcohol
seized | 7700 |
| shall be
disposed of as provided in section 4301.29 of the Revised | 7701 |
| Code,
and any other property seized shall be returned to its owner | 7702 |
| by
the officer having the custody or possession of such property. | 7703 |
|
If the accused is not the holder of such a permit in force at the | 7704 |
|
time, any beer, intoxicating liquor, or alcohol that was not | 7705 |
|
illegally manufactured shall be forfeited to the state and shall | 7706 |
forthwith be disposed of under section 2933.41sections 2981.11 to | 7707 |
| 2981.13 of the Revised
Code. Illegally manufactured beer, | 7708 |
| intoxicating liquor, or
alcohol, and other property, except as | 7709 |
| provided in this section,
shall be destroyed, and any such beer, | 7710 |
| intoxicating liquor, or
alcohol, or other property is hereby | 7711 |
| declared to be a public
nuisance. | 7712 |
| Sec. 4305.13. (A) If the tax commissioner finds that any | 7713 |
|
permit holder, liable for tax under Chapter 4301., 4305., or
4307. | 7714 |
| of the Revised Code, is about to depart from the state,
remove the | 7715 |
| permit holder's property from the state, conceal
the permit | 7716 |
| holder's self or
property, or do any other act tending to | 7717 |
| prejudice, obstruct, or
render wholly or partially ineffectual | 7718 |
| proceedings to collect the
tax, unless the proceedings are | 7719 |
| commenced without delay, or if
the commissioner believes that the | 7720 |
| collection of the amount due
from any permit holder will be | 7721 |
| jeopardized by delay, the
commissioner may issue a jeopardy | 7722 |
| assessment against the permit
holder for the amount of the tax, | 7723 |
| plus a penalty of up to thirty per
cent. Upon issuance of a | 7724 |
| jeopardy assessment under this
division, the total amount assessed | 7725 |
| shall immediately be due and
payable unless security is provided | 7726 |
| pursuant to division (C) of
this section. Any assessment issued | 7727 |
| under this section shall
bear interest as prescribed by section | 7728 |
|
4305.131 of the
Revised Code. | 7729 |
| (B) The commissioner immediately shall file an entry with
the | 7730 |
| clerk of the court of common pleas in the same manner and
with the | 7731 |
| same effect as provided in section 4305.131 of the
Revised Code. | 7732 |
| Notice of the jeopardy assessment shall be served
on the permit | 7733 |
| holder assessed or the permit holder's legal
representative, as | 7734 |
| provided in section 5703.37 of the Revised Code,
within
five days | 7735 |
| of the filing of the entry. The permit holder assessed
may | 7736 |
| petition for reassessment within sixty days of
receipt
of the | 7737 |
| notice of jeopardy assessment in the same manner as
provided in | 7738 |
| section 4305.131 of the Revised Code. Full or
partial payment of | 7739 |
| the assessment shall not prejudice the
commissioner's | 7740 |
| consideration of the merits of the assessment as
contested by the | 7741 |
| petition for reassessment. Upon notification of
the existence of | 7742 |
| the judgment filed pursuant to this division,
any public official | 7743 |
| having control or custody of any funds or
property of the person | 7744 |
| assessed immediately shall pay or deliver
the funds or property to | 7745 |
| the commissioner as full or partial
satisfaction of the jeopardy | 7746 |
| assessment. However, funds or
property needed as evidence in | 7747 |
| criminal proceedings or that is
expected to be forfeited pursuant | 7748 |
to section 2923.35, 2933.41, or
2933.43Chapter 2981. of the | 7749 |
| Revised Code need not be relinquished by the
public official. Upon | 7750 |
| disposition of criminal and forfeiture
proceedings, funds and | 7751 |
| property not needed as evidence and not
forfeited shall be | 7752 |
| delivered to the commissioner. | 7753 |
| Sec. 4503.233. (A)(1)
If a court is required to order the | 7768 |
|
immobilization of
a
vehicle for a specified period of time | 7769 |
|
pursuant to
section
4510.11,
4510.14,
4510.16,
4510.41,
4511.19, | 7770 |
|
4511.193,
or
4511.203
of the Revised Code, the court
shall issue | 7771 |
|
an immobilization
order
in
accordance with this division and for | 7772 |
|
the
period of time
specified
in the particular
section, and
the | 7773 |
|
immobilization
under
the order shall be in accordance with this | 7774 |
|
section. The court, at
the time of sentencing the offender for
the | 7775 |
| offense relative to
which the immobilization order is issued
or as | 7776 |
| soon thereafter as
is practicable, shall give a copy of the
order | 7777 |
| to the offender or
the offender's counsel. The court
promptly | 7778 |
| shall send a copy of
the
order
to the registrar on a form | 7779 |
|
prescribed
by the registrar
and
to the
person or agency it | 7780 |
|
designates to execute the
order. | 7781 |
| (5) The registrar shall deposit the immobilization fee
into | 7831 |
|
the law
enforcement reimbursement fund created by section
4501.19 | 7832 |
|
of the Revised
Code. Money in the fund shall be expended
only as | 7833 |
|
provided in division
(A)(5) of this section. If the
court | 7834 |
|
designated in the
order a court bailiff or another
appropriate | 7835 |
|
person other than a
law enforcement officer to
immobilize the | 7836 |
|
vehicle, the amount of the
fee deposited into the
law enforcement | 7837 |
|
reimbursement fund shall
be paid out to the county
treasury if the | 7838 |
|
court that issued the order
is a county court, to
the treasury of | 7839 |
|
the municipal corporation
served by the court if
the court that | 7840 |
|
issued the order is a
mayor's court, or to the city
treasury of | 7841 |
|
the legislative
authority of the court, both as
defined in section | 7842 |
|
1901.03 of the
Revised Code, if the court that
issued the order is | 7843 |
|
a municipal
court. If the court designated a
law enforcement | 7844 |
|
agency to
immobilize the vehicle and if the law
enforcement agency | 7845 |
|
immobilizes the
vehicle, the amount of the fee
deposited into the | 7846 |
|
law enforcement
reimbursement fund shall be
paid out to the law | 7847 |
|
enforcement agency
to reimburse the agency for
the costs it incurs | 7848 |
|
in
obtaining immobilization equipment and, if
required, in sending | 7849 |
|
an officer or other person to search for and
locate the vehicle | 7850 |
|
specified in the immobilization order and to
immobilize the | 7851 |
|
vehicle. | 7852 |
| (2) If a court issues an immobilization order under division | 7887 |
|
(A) of this
section, if the vehicle
subject to the order is | 7888 |
|
immobilized under the order, and if the
vehicle is found being | 7889 |
|
operated upon any street or highway of
this state during the | 7890 |
|
immobilization period, it
shall be seized, removed from the street | 7891 |
|
or highway, and criminally
forfeited, and disposed of pursuant to | 7892 |
|
section
4503.234 of the Revised Code. No vehicle that is
forfeited | 7893 |
| under
this provision shall be considered contraband for
purposes | 7894 |
of
section 2933.41, 2933.42, or 2933.43Chapter 2981. of the | 7895 |
| Revised
Code, but
shall be held by the law enforcement agency that | 7896 |
| employs
the
officer who seized it for disposal in accordance with | 7897 |
| section
4503.234 of the Revised Code. | 7898 |
| (3) If a court issues an immobilization order under division | 7899 |
|
(A) of this
section, and if the vehicle is not
claimed within | 7900 |
|
seven days after the end of the period of
immobilization or if the
| 7901 |
|
offender has not paid the
immobilization fee, the
person or agency | 7902 |
|
that immobilized
the vehicle shall send a written
notice to the
| 7903 |
|
offender at the
offender's last
known address informing
the
| 7904 |
|
offender
of the date on which the period of
immobilization
ended, | 7905 |
|
that the
offender has twenty days
after the date of the
notice
to | 7906 |
|
pay the immobilization fee and
obtain the release of the
vehicle, | 7907 |
|
and that if
the
offender does not pay the
fee and obtain the | 7908 |
|
release of the vehicle within that twenty-day
period, the vehicle | 7909 |
|
will be forfeited under section 4503.234 of
the Revised
Code to | 7910 |
|
the entity that is entitled to the
immobilization fee. | 7911 |
| (4) An
offender whose motor vehicle
is
subject to an | 7912 |
|
immobilization order issued under division (A)
of
this section | 7913 |
|
shall not sell the motor vehicle without approval
of
the court | 7914 |
|
that issued the order. If such an
offender wishes
to sell the | 7915 |
|
motor vehicle during the
immobilization
period, the
offender
shall | 7916 |
| apply to the court that
issued the
immobilization order for | 7917 |
|
permission to assign the title to the
vehicle. If the court
is | 7918 |
|
satisfied that the sale will be in good
faith and not for the | 7919 |
|
purpose of
circumventing the provisions of
division (A)(1) of this | 7920 |
|
section, it may certify its consent to
the
offender and to
the | 7921 |
|
registrar. Upon
receipt of the
court's consent, the registrar | 7922 |
|
shall enter the court's notice
in
the
offender's vehicle license | 7923 |
|
plate registration
record. | 7924 |
| (5) If the title to a motor vehicle that is subject to an | 7937 |
|
immobilization order under division (A) of this
section is | 7938 |
|
assigned or transferred without court approval between
the time of | 7939 |
|
arrest of the
offender who committed the offense for which such
an | 7940 |
|
order is to
be issued
and the time of the actual immobilization
of | 7941 |
| the
vehicle, the court
shall order that, for a period of two
years | 7942 |
|
from the date of the
order, neither the registrar nor any
deputy | 7943 |
|
registrar shall
accept an application for the registration
of any | 7944 |
|
motor vehicle
in the name of the
offender whose
vehicle
was | 7945 |
| assigned or
transferred without court approval.
The court
shall | 7946 |
| notify the
registrar of the order on a form
prescribed by
the | 7947 |
| registrar for
that purpose. | 7948 |
| (E)(1) The court with jurisdiction over the case, after | 7949 |
|
notice to all interested parties including lienholders, and after | 7950 |
|
an opportunity for them to be heard, if the
offender
fails
to | 7951 |
|
appear in person, without good cause, or if the court
finds
that | 7952 |
|
the
offender does not intend to seek
release
of the
vehicle at
the | 7953 |
| end of the period of immobilization
or that the
offender is
not or | 7954 |
| will not be able to
pay the
expenses and
charges incurred
in its | 7955 |
| removal and storage,
may order that title
to the vehicle be | 7956 |
|
transferred, in order of
priority, first into
the name of the | 7957 |
|
entity entitled to the
immobilization fee under
division (A)(5) of | 7958 |
|
this section, next
into the name of a
lienholder, or lastly, into | 7959 |
|
the name of the
owner of the place of
storage. | 7960 |
| A lienholder that receives title under a
court order shall do | 7961 |
|
so on the condition that it pay any expenses or
charges incurred | 7962 |
|
in the vehicle's removal and storage. If the entity that
receives | 7963 |
|
title to the vehicle is the entity that is entitled to the | 7964 |
|
immobilization fee under division (A)(5) of this section,
it
shall | 7965 |
|
receive title on the condition that it pay any lien on the | 7966 |
|
vehicle.
The court shall not order that title be transferred to | 7967 |
|
any person or entity
other than the owner of the place of storage | 7968 |
|
if the person or
entity refuses to receive the title. Any person | 7969 |
|
or entity that
receives title may either keep title to the vehicle | 7970 |
|
or may
dispose of the vehicle in any legal manner that it | 7971 |
|
considers
appropriate, including assignment of the certificate of | 7972 |
|
title to
the motor vehicle to a salvage dealer or a scrap metal | 7973 |
|
processing
facility. The person or entity shall not transfer
the | 7974 |
|
vehicle to the person who is the vehicle's
immediate previous | 7975 |
|
owner. | 7976 |
| (3) Prior to initiating a proceeding under division (E)(1)
of | 7994 |
| this section, and upon payment of the fee under division (B) of | 7995 |
|
section
4505.14 of the Revised Code, any interested party may | 7996 |
|
cause
a search to be made of the public records of the bureau of | 7997 |
|
motor vehicles or the clerk of the court of common pleas, to | 7998 |
|
ascertain the identity of any lienholder of the vehicle. The | 7999 |
|
initiating party shall furnish this information to the clerk of | 8000 |
|
the court with jurisdiction over the case,
and the clerk shall | 8001 |
|
provide notice
to the vehicle owner, the defendant, any | 8002 |
|
lienholder, and any
other interested parties listed by the | 8003 |
|
initiating party, at the
last known address supplied by the | 8004 |
|
initiating party, by certified
mail or, at the option of the | 8005 |
|
initiating party, by personal
service or ordinary mail. | 8006 |
| Sec. 4503.234. (A) If a court is required by section | 8012 |
|
4503.233, 4503.236,
4510.11, 4510.14, 4510.16, 4510.41, 4511.19, | 8013 |
|
4511.193,
or
4511.203 of the Revised Code to order the
criminal | 8014 |
|
forfeiture of a
vehicle, the order shall be
issued and
enforced in | 8015 |
|
accordance with
this division, subject to
division
(B) of this | 8016 |
|
section.
An
order
of criminal forfeiture issued under this | 8017 |
|
division
shall
authorize
an appropriate law enforcement agency to | 8018 |
|
seize
the
vehicle ordered
criminally forfeited upon the terms and | 8019 |
|
conditions
that the
court
determines proper. No vehicle ordered | 8020 |
|
criminally
forfeited
pursuant to this division shall be considered | 8021 |
contraband
for
purposes of section 2933.41, 2933.42, or 2933.43 | 8022 |
| Chapter 2981. of
the
Revised
Code, but
the law enforcement agency | 8023 |
| that
employs
the
officer who
seized it
shall hold the vehicle for | 8024 |
|
disposal in
accordance with
this
section. A forfeiture order may | 8025 |
|
be
issued
only after the
offender has been provided
with an | 8026 |
| opportunity to
be heard. The
prosecuting attorney shall
give the
| 8027 |
|
offender
written
notice of
the possibility
of forfeiture by | 8028 |
| sending a copy
of the relevant
uniform traffic
ticket or other | 8029 |
| written notice to
the
offender
not
less
than seven days prior to | 8030 |
| the date of
issuance of the
forfeiture order. A
vehicle is subject | 8031 |
| to
an
order of criminal
forfeiture pursuant to this division upon | 8032 |
|
the
conviction of the
offender
of or plea of guilty by the | 8033 |
| offender to
a violation of
division (A) of section 4503.236,
| 8034 |
| section
4510.11, 4510.14,
4510.16,
or
4511.203, or division (A) of | 8035 |
| section
4511.19
of the
Revised Code,
or a municipal
ordinance that | 8036 |
| is
substantially
equivalent to
any of those sections or
divisions. | 8037 |
| (B)(1) Prior to the issuance of an order of criminal | 8038 |
|
forfeiture pursuant to
this section, the law
enforcement agency | 8039 |
|
that employs the law enforcement officer who
seized the vehicle | 8040 |
|
shall
conduct or cause to be conducted a search
of the
appropriate | 8041 |
|
public records that relate to the vehicle and
shall
make or cause | 8042 |
|
to be made reasonably diligent inquiries to
identify any | 8043 |
|
lienholder or
any person or entity with an ownership
interest in | 8044 |
|
the
vehicle. The court that is to issue the
forfeiture
order also | 8045 |
|
shall cause a notice of the potential
order
relative to the | 8046 |
|
vehicle and of the expected
manner of disposition
of the vehicle | 8047 |
|
after its forfeiture to be
sent to any lienholder
or person who is | 8048 |
|
known to
the court to have any right, title, or
interest in the | 8049 |
|
vehicle. The court shall give the notice
by
certified mail,
return | 8050 |
| receipt requested, or by personal service. | 8051 |
| (2) No order of criminal
forfeiture shall be issued pursuant | 8052 |
|
to
this section if
a lienholder or other person
with an ownership | 8053 |
|
interest in the
vehicle establishes to the
court, by a | 8054 |
|
preponderance of the evidence
after filing a motion
with the | 8055 |
|
court,
that the lienholder or other
person neither
knew nor
should | 8056 |
|
have known after a reasonable
inquiry that the
vehicle
would be | 8057 |
| used or involved,
or likely
would be used
or
involved, in
the | 8058 |
| violation resulting in the issuance of the
order
of criminal | 8059 |
|
forfeiture or the violation of the order of
immobilization issued | 8060 |
|
under section 4503.233 of
the Revised Code,
that the lienholder or | 8061 |
|
other
person did not
expressly or
impliedly consent
to the use or | 8062 |
|
involvement of the vehicle in that
violation, and that the
lien or | 8063 |
|
ownership interest was
perfected
pursuant
to law prior to the | 8064 |
|
seizure of the vehicle under section
4503.236,
4510.41, 4511.195, | 8065 |
|
or
4511.203 of the
Revised
Code. If the lienholder or holder of | 8066 |
|
the
ownership
interest satisfies the court that these
criteria | 8067 |
|
have been met,
the court shall preserve
the lienholder's or other | 8068 |
|
person's lien or
interest, and the court either shall return the | 8069 |
|
vehicle to the holder,
or shall order that the
proceeds of any | 8070 |
|
sale
held
pursuant to division
(C)(2)
of this section be paid to | 8071 |
|
the
lienholder or
holder of the
interest less the costs of | 8072 |
|
seizure, storage, and maintenance of
the vehicle. The court shall | 8073 |
|
not
return a vehicle to a lienholder
or a holder of an ownership | 8074 |
|
interest
unless the
lienholder or holder submits an affidavit
to | 8075 |
|
the court that states that the lienholder or holder will not | 8076 |
|
return the vehicle to the person from whom the vehicle was seized | 8077 |
|
pursuant to the order of criminal forfeiture or to any member of | 8078 |
|
that person's family and will not otherwise knowingly permit that | 8079 |
|
person or any member of that person's family to obtain
possession | 8080 |
|
of the
vehicle. | 8081 |
| (3) No order of criminal
forfeiture shall be issued pursuant | 8082 |
|
to
this section if
a person
with an interest in
the vehicle | 8083 |
|
establishes to the court, by a
preponderance of the
evidence after | 8084 |
|
filing a motion with the court,
that the person
neither knew nor | 8085 |
|
should have known after a
reasonable
inquiry that
the vehicle had | 8086 |
|
been used or was involved in the
violation
resulting in the | 8087 |
|
issuance of the order of criminal
forfeiture or
the violation of | 8088 |
|
the order of immobilization issued under
section
4503.233 of the | 8089 |
|
Revised Code,
that the person did not expressly or
impliedly | 8090 |
|
consent to the
use or
involvement of the vehicle in that | 8091 |
|
violation, that the interest was perfected
in
good faith and for | 8092 |
|
value pursuant to law between the time of the arrest of the | 8093 |
|
offender and the final disposition of the criminal charge in | 8094 |
|
question, and that the vehicle was in the possession of the
| 8095 |
|
interest holder at the time of the perfection of
the
interest. If | 8096 |
|
the court is satisfied that the interest
holder has
met these | 8097 |
|
criteria, the court shall preserve
the
interest holder's
interest, | 8098 |
| and the court either
shall return the
vehicle to the
interest | 8099 |
| holder
or order that the
proceeds of any
sale held
pursuant to | 8100 |
| division
(C) of
this section be paid
to the holder of
the interest | 8101 |
| less the costs
of seizure, storage, and maintenance
of the | 8102 |
|
vehicle. The court
shall not return a vehicle to an
interest | 8103 |
| holder
unless the holder
submits an affidavit to
the
court stating | 8104 |
|
that the holder will not return the vehicle to
the
person from | 8105 |
|
whom the holder acquired
the
holder's
interest, nor
to any member | 8106 |
|
of that person's family, and the
holder will not
otherwise | 8107 |
|
knowingly permit that person or any
member of that
person's
family | 8108 |
| to
obtain possession of the
vehicle. | 8109 |
| (2) If a vehicle is not disposed of pursuant to division | 8115 |
|
(C)(1) of this section, the vehicle shall be sold,
without | 8116 |
|
appraisal, if the value of the vehicle is
two thousand dollars or | 8117 |
|
more as determined by publications of
the national
auto dealer's | 8118 |
|
association, at a public auction to the highest bidder for
cash.
| 8119 |
|
Prior to the sale, the prosecuting attorney in the case shall | 8120 |
|
cause a notice of the proposed sale to be given in accordance
with | 8121 |
|
law. The court shall cause notice of the sale of the vehicle to
be | 8122 |
|
published in a newspaper of general circulation in the county
in | 8123 |
| which the
court is located at least seven days prior to the
date | 8124 |
| of the
sale. The proceeds of a sale under this division or | 8125 |
|
division
(F) of
this section shall be applied in the following | 8126 |
|
order: | 8127 |
| (d) Fourth, the remaining proceeds after compliance with | 8145 |
|
divisions
(C)(2)(a) and (b) of this section and after
deposit
of
a | 8146 |
|
total amount of one thousand dollars under division
(C)(2)(c) of | 8147 |
|
this section shall be applied so that fifty
per
cent of those | 8148 |
|
remaining proceeds is paid into the reparation fund
established
by | 8149 |
|
section 2743.191 of the Revised Code, twenty-five
per cent is
paid | 8150 |
|
into the drug abuse resistance education programs
fund
created by | 8151 |
|
division
(F)(2)(e) of section 4511.191 of the
Revised
Code and | 8152 |
|
shall be used only for the purposes authorized by
division | 8153 |
|
(F)(2)(e) of that section, and twenty-five per
cent is
applied to | 8154 |
the appropriate funds in accordance with division
(D)(1)(c) | 8155 |
divisions (B) and (C) of
section 2933.432981.13 of the Revised | 8156 |
| Code. The proceeds
deposited into
any fund described in section | 8157 |
2933.432981.13 of the
Revised Code shall be
used only for the | 8158 |
purposes authorized by
division (D)(1)(c), (2),
and (3)(a)(ii) | 8159 |
| divisions (B)(4)(c), (C), and (D) of that section. | 8160 |
| (E) If a court is required by section 4503.233,
4503.236, | 8174 |
|
4510.10, 4510.11, 4510.14,
4510.16,
4510.161,
4510.41,
4511.19, | 8175 |
|
4511.193,
or
4511.203 of the Revised
Code to
order the criminal | 8176 |
|
forfeiture to the state
of a vehicle,
and the
title to the motor | 8177 |
|
vehicle is assigned or transferred,
and
division
(B)(2) or (3) of | 8178 |
|
this section applies, in
addition to
or
independent of any other | 8179 |
|
penalty established by law, the court
may fine the
offender the | 8180 |
|
value of the vehicle as determined by
publications of the
national | 8181 |
|
auto dealer's association. The
proceeds from any fine imposed | 8182 |
|
under
this division
shall be distributed in
accordance with | 8183 |
|
division
(C)(2) of this section. | 8184 |
| (B)(1) If a person is arrested for a violation of
section
| 8243 |
|
4510.14,
4510.16,
or
4511.203 of the Revised
Code, or a municipal | 8244 |
|
ordinance
that is substantially equivalent to any
of those
| 8245 |
|
sections, the arresting officer
or another
officer of
the law | 8246 |
|
enforcement agency that employs the arresting officer, in
addition | 8247 |
|
to any action that the arresting officer is required or
authorized | 8248 |
|
to take by any other provision of law, shall seize the
vehicle | 8249 |
|
that the person was operating at the time of,
or that was
involved | 8250 |
|
in, the alleged
offense
if the vehicle is registered in
the | 8251 |
|
arrested person's name and
its license plates.
A law
enforcement | 8252 |
|
agency that employs a law enforcement
officer who
makes an arrest | 8253 |
|
of a type that is described in
this
division
and that involves a | 8254 |
|
rented or
leased
vehicle
that is being rented or leased for a | 8255 |
|
period
of thirty days or less shall notify, within
twenty-four | 8256 |
|
hours
after the officer makes the arrest, the lessor or owner of | 8257 |
|
the
vehicle regarding the circumstances of
the arrest and the | 8258 |
|
location
at which the vehicle may be picked
up. At the time of
the | 8259 |
| seizure
of the vehicle, the law
enforcement officer who made
the | 8260 |
| arrest
shall give the arrested
person written notice that the | 8261 |
|
vehicle and
its
license plates have been seized; that the vehicle | 8262 |
|
either will
be
kept by the officer's law enforcement agency or | 8263 |
|
will be
immobilized at least until the person's initial appearance | 8264 |
|
on the
charge of the offense for which the arrest was made; that, | 8265 |
|
at the
initial appearance, the court in certain circumstances may | 8266 |
|
order
that the vehicle and license plates be released to
the
| 8267 |
|
arrested person until the disposition of that
charge; that,
if
the | 8268 |
|
arrested person is convicted of that charge, the court
generally | 8269 |
|
must order the immobilization of the vehicle and the
impoundment | 8270 |
|
of its license plates or the forfeiture of the
vehicle; and that | 8271 |
|
the arrested person
may be charged expenses or
charges
incurred | 8272 |
|
under this section and section 4503.233 of the
Revised
Code for | 8273 |
|
the removal and storage of the vehicle. | 8274 |
| (2) The arresting officer or a law enforcement officer of
the | 8275 |
| agency
that employs the arresting officer shall give written | 8276 |
|
notice of the seizure to
the court that will conduct the initial | 8277 |
|
appearance of the arrested person
on the
charges arising out of | 8278 |
|
the arrest.
Upon receipt
of the notice, the
court promptly shall | 8279 |
|
determine whether the
arrested person is the
vehicle owner. If
the | 8280 |
|
court determines that the
arrested person is not the vehicle | 8281 |
|
owner, it promptly shall send by regular
mail written notice of | 8282 |
|
the seizure
to the
vehicle's
registered owner. The
written
notice
| 8283 |
| shall contain all of the
information
required by
division
(B)(1) | 8284 |
| of this section to be in a notice to
be given to
the
arrested | 8285 |
| person and also shall specify the date,
time, and
place
of the | 8286 |
| arrested person's initial appearance.
The notice also
shall
inform | 8287 |
| the vehicle owner that if
title
to a motor vehicle
that is
subject | 8288 |
| to an order for
criminal
forfeiture under this
section is
assigned | 8289 |
| or
transferred and
division (B)(2) or (3) of
section
4503.234 of | 8290 |
| the Revised Code
applies, the court may fine
the
arrested person | 8291 |
| the value of the
vehicle. The notice
also
shall
state that if
the | 8292 |
| vehicle is immobilized under
division (A)
of
section 4503.233
of | 8293 |
| the Revised
Code, seven days after the end
of
the period of | 8294 |
|
immobilization a law enforcement agency will
send
the vehicle | 8295 |
|
owner a notice, informing the owner that if
the
release of the | 8296 |
| vehicle
is not
obtained in
accordance
with division
(D)(3)
of | 8297 |
| section 4503.233 of the Revised Code, the
vehicle shall
be | 8298 |
|
forfeited. The notice also shall inform the
vehicle owner that
the | 8299 |
| owner may be charged expenses or charges
incurred
under this | 8300 |
|
section and section 4503.233 of the
Revised
Code for the removal | 8301 |
|
and storage of the vehicle. | 8302 |
| (3) At or before the initial appearance, the vehicle
owner | 8310 |
|
may file a motion requesting the court to order that the
vehicle | 8311 |
|
and its license plates be released to the vehicle owner. Except
as | 8312 |
|
provided in this division and subject to the payment
of
expenses | 8313 |
| or charges incurred in the removal and storage of
the
vehicle, the | 8314 |
| court, in its discretion, then may issue an
order
releasing the | 8315 |
| vehicle and its license plates to the
vehicle owner.
Such an order | 8316 |
| may be conditioned upon such terms
as the court
determines | 8317 |
| appropriate, including the posting of a
bond in an
amount | 8318 |
| determined by the court. If the arrested
person is not the
vehicle | 8319 |
| owner and if the vehicle owner is not
present at the
arrested | 8320 |
| person's initial appearance, and if the
court believes
that the | 8321 |
| vehicle owner was not provided with
adequate notice of
the initial | 8322 |
| appearance, the court, in its
discretion, may allow
the vehicle | 8323 |
| owner to file a motion within
seven days of the
initial | 8324 |
| appearance. If the court allows the
vehicle owner to file
such a | 8325 |
| motion after the initial
appearance, the extension of time
granted | 8326 |
| by the court does not
extend the time within which the
initial | 8327 |
| appearance is to be
conducted. If the court issues an
order for | 8328 |
| the release of the
vehicle and its license plates, a
copy of the | 8329 |
| order shall be
made available to the vehicle owner.
If
the vehicle | 8330 |
| owner
presents a copy of the order to the law
enforcement agency | 8331 |
| that
employs the law enforcement officer who
arrested the
arrested | 8332 |
| person, the
law enforcement agency promptly
shall release the | 8333 |
| vehicle and its
license plates to the vehicle
owner upon payment | 8334 |
| by the vehicle
owner of any expenses or
charges
incurred in the | 8335 |
| removal or
storage of the vehicle. | 8336 |
| (4) A vehicle seized under division (B)(1) of this section | 8337 |
|
either shall be towed to a place specified by the law enforcement | 8338 |
|
agency that employs the arresting officer to be safely kept by
the | 8339 |
|
agency at that place for the time and in the manner specified
in | 8340 |
|
this section or shall be otherwise immobilized for the time and in | 8341 |
|
the
manner specified in this section. A law enforcement officer
of | 8342 |
|
that agency shall remove the identification license plates of
the | 8343 |
|
vehicle, and they shall be safely kept by the agency for the
time | 8344 |
|
and in the manner specified in this section. No vehicle that
is | 8345 |
|
seized and either towed or immobilized pursuant to this
division | 8346 |
shall be considered contraband for purposes of section
2933.41, | 8347 |
2933.42, or 2933.43Chapter 2981. of the Revised Code. The vehicle | 8348 |
|
shall not
be immobilized at any place other than a commercially | 8349 |
|
operated
private storage lot, a place owned by a law enforcement | 8350 |
|
or other
government agency, or a place to which one of the | 8351 |
|
following
applies: | 8352 |
| (2)(a)
At the initial
appearance or not less than seven
days | 8374 |
|
prior to the date of final
disposition, the court
shall notify the | 8375 |
|
arrested person that, if
title to
a motor
vehicle that is subject | 8376 |
|
to an order for criminal
forfeiture under this section
is assigned | 8377 |
|
or transferred and
division (B)(2) or (3) of
section 4503.234
of | 8378 |
|
the Revised Code
applies, the court may fine the
arrested person | 8379 |
|
the value
of the
vehicle. If, at the initial appearance, the | 8380 |
|
arrested
person
pleads guilty to the violation of
section
4510.14, | 8381 |
| 4510.16,
or
4511.203
of the Revised Code, or a
municipal
ordinance | 8382 |
| that is
substantially
equivalent to any of those
sections or | 8383 |
|
pleads no contest to and is convicted of the
violation, the court | 8384 |
|
shall impose sentence upon the
person as
provided by law
or | 8385 |
| ordinance; the court shall order the
immobilization of the vehicle | 8386 |
| the
arrested person was operating at
the time of, or
that was | 8387 |
| involved
in, the offense
if registered in
the arrested person's | 8388 |
|
name and
the impoundment of its
license
plates under section | 8389 |
| 4503.233 and
section
4510.14, 4510.16,
4510.161,
or
4511.203
of | 8390 |
|
the Revised Code or the criminal
forfeiture to the
state of the | 8391 |
| vehicle
if registered in the
arrested person's name
under
section | 8392 |
| 4503.234 and
section
4510.14,
4510.16, 4510.161,
or
4511.203
of | 8393 |
| the Revised Code,
whichever is
applicable; and the
vehicle and its
| 8394 |
| license plates
shall not be
returned or released to the
arrested | 8395 |
|
person. | 8396 |
| (1) If the arrested person is convicted of or pleads
guilty | 8410 |
|
to the violation of
section
4510.14, 4510.16,
or
4511.203 of the | 8411 |
|
Revised
Code, or a municipal
ordinance that is substantially | 8412 |
|
equivalent to
any of those
sections, the court
shall
impose | 8413 |
|
sentence upon the
person as provided by law
or
ordinance and
shall | 8414 |
| order the immobilization of the vehicle the
person
was
operating | 8415 |
| at the time of, or that was involved in, the offense
if
it is | 8416 |
| registered in the arrested person's name and the
impoundment
of | 8417 |
| its license plates under section 4503.233
and
section
4510.14, | 8418 |
|
4510.16, 4510.161,
or
4511.203 of the Revised Code or the
criminal | 8419 |
|
forfeiture of the
vehicle
if it is registered in the arrested | 8420 |
|
person's name under
section
4503.234 and section
4510.14,
4510.16, | 8421 |
|
4510.161,
or
4511.203 of the
Revised Code,
whichever is | 8422 |
|
applicable. | 8423 |
| (F)(1)
Except as provided in division
(D)(4) of this
section, | 8450 |
| the arrested person may be charged
expenses or charges
incurred in | 8451 |
| the removal and storage of the
immobilized vehicle.
The court with | 8452 |
| jurisdiction over the case,
after notice to all
interested | 8453 |
| parties, including lienholders, and
after an
opportunity for them | 8454 |
| to be heard,
if the court
finds that
the
arrested person does not | 8455 |
| intend to
seek
release of the vehicle
at
the end of the period of | 8456 |
|
immobilization under section 4503.233
of
the Revised Code or that | 8457 |
|
the
arrested person is
not or will not
be able to
pay the expenses | 8458 |
| and charges incurred in its removal
and storage,
may order that | 8459 |
| title to the vehicle be transferred,
in order of
priority, first | 8460 |
| into the name of the person or entity
that removed
it, next into | 8461 |
| the name of a lienholder, or lastly
into the name of
the owner of | 8462 |
| the place of storage. | 8463 |
| Any lienholder that receives title under a court
order shall | 8464 |
|
do so on the condition that it pay any expenses or
charges | 8465 |
|
incurred in the vehicle's removal and storage. If the person or | 8466 |
|
entity that receives title to the vehicle is the person or entity | 8467 |
|
that removed
it, the person or entity shall receive title on the | 8468 |
|
condition that it pay any
lien on the vehicle. The court
shall
not | 8469 |
| order that title be transferred to any person or entity
other
than | 8470 |
| the owner of the place of storage if the person or
entity
refuses | 8471 |
| to receive the title. Any person or entity that
receives
title | 8472 |
| either may keep title to the vehicle or may
dispose of the
vehicle | 8473 |
| in any legal manner that it considers
appropriate,
including | 8474 |
| assignment of the certificate of title to
the motor
vehicle to a | 8475 |
| salvage dealer or a scrap metal processing
facility.
The person or | 8476 |
| entity shall not
transfer the vehicle
to the person
who is the | 8477 |
| vehicle's immediate previous
owner. | 8478 |
| (3) Prior to initiating a proceeding under division (F)(1)
of | 8494 |
| this section, and upon payment of the fee under division (B) of | 8495 |
|
section 4505.14, any interested party may cause a search to be | 8496 |
|
made of the public records of the bureau of motor vehicles or the | 8497 |
|
clerk of the court of common pleas, to ascertain the identity of | 8498 |
|
any lienholder of the vehicle. The initiating party shall
furnish | 8499 |
|
this information to the clerk of the
court with jurisdiction over | 8500 |
|
the case, and the clerk shall provide
notice to the
arrested | 8501 |
|
person, any lienholder, and any other
interested parties
listed by | 8502 |
|
the initiating party, at the last
known address
supplied by the | 8503 |
|
initiating party, by certified mail,
or, at the
option of the | 8504 |
|
initiating party, by personal service or
ordinary
mail. | 8505 |
| (2)
A law
enforcement agency that employs a law enforcement | 8548 |
|
officer who
makes an arrest of a type that is described in | 8549 |
|
division (B)(1) of
this section and that involves a rented or | 8550 |
|
leased vehicle
that is being rented or leased for a
period of | 8551 |
|
thirty days or
less shall notify, within
twenty-four hours after | 8552 |
|
the officer
makes the arrest, the lessor or owner of
the vehicle | 8553 |
|
regarding the
circumstances of the arrest and the location at | 8554 |
|
which the vehicle
may be picked
up. At the time of the seizure of | 8555 |
|
the vehicle, the
law
enforcement officer who made the arrest shall | 8556 |
|
give the
arrested person written notice that the vehicle and its | 8557 |
|
license plates have been seized; that the vehicle either will be | 8558 |
|
kept by the officer's law enforcement agency or will be | 8559 |
|
immobilized at least until the operator's initial appearance on | 8560 |
|
the charge of the offense for which the arrest was made; that, at | 8561 |
|
the initial appearance, the court in certain circumstances may | 8562 |
|
order that the vehicle and license plates be released
to the
| 8563 |
|
arrested person until the disposition of
that
charge;
and that,
if | 8564 |
|
the
arrested person is
convicted of that
charge, the court | 8565 |
|
generally must order the
immobilization of the vehicle and the | 8566 |
|
impoundment of its license
plates, or the forfeiture of the | 8567 |
|
vehicle. | 8568 |
| (3) The arresting officer or a law enforcement officer of
the | 8569 |
| agency
that employs the arresting officer shall give written | 8570 |
|
notice of the seizure to
the court that will conduct the initial | 8571 |
|
appearance of the
arrested
person on the charges arising out of | 8572 |
|
the
arrest. Upon receipt of
the notice, the court promptly
shall | 8573 |
|
determine whether the
arrested person is
the vehicle owner.
If
the | 8574 |
| court determines that the
arrested person
is not the
vehicle | 8575 |
|
owner, it promptly shall send by regular mail
written
notice of | 8576 |
|
the seizure
to the
vehicle's registered owner. The written
notice
| 8577 |
| shall contain all of the information
required by
division
(B)(2) | 8578 |
| of this section to be in a notice to be
given to
the
arrested | 8579 |
| person and also shall
specify the
date, time, and
place
of the
| 8580 |
|
arrested person's
initial
appearance.
The notice also
shall inform | 8581 |
| the vehicle
owner that if title to a motor
vehicle
that is subject | 8582 |
| to an order
for criminal forfeiture
under this
section is assigned | 8583 |
| or
transferred and division
(B)(2) or (3) of
section 4503.234 of | 8584 |
|
the Revised
Code applies, the court may fine
the
arrested
person | 8585 |
| the value of the
vehicle. The notice
also
shall state that if the | 8586 |
| vehicle is immobilized
under
division (A)
of section 4503.233 of | 8587 |
| the Revised
Code, seven
days after the end
of the period of | 8588 |
| immobilization a law
enforcement agency will
send
the vehicle | 8589 |
| owner a notice, informing
the
owner
that if the
release of the | 8590 |
| vehicle is not
obtained in accordance with division
(D)(3) of | 8591 |
| section 4503.233 of
the Revised
Code, the vehicle shall
be | 8592 |
|
forfeited. The notice also
shall inform the vehicle owner that
the | 8593 |
| vehicle owner may be
charged expenses or charges incurred
under | 8594 |
| this section and
section 4503.233 of the
Revised Code for
the | 8595 |
| removal and storage
of the vehicle. | 8596 |
| (4) At or before the initial appearance, the vehicle
owner | 8604 |
|
may file a motion requesting the court to order that the
vehicle | 8605 |
|
and its license plates be released to the vehicle owner. Except
as | 8606 |
|
provided in this division and subject to the payment
of
expenses | 8607 |
| or charges incurred in the removal and storage of
the
vehicle, the | 8608 |
| court, in its discretion, then may issue an
order
releasing the | 8609 |
| vehicle and its license plates to the
vehicle owner.
Such an order | 8610 |
| may be conditioned upon such terms
as the court
determines | 8611 |
| appropriate, including the posting of a
bond in an
amount | 8612 |
| determined by the court. If the
arrested
person is not
the vehicle | 8613 |
| owner and if the
vehicle owner is
not
present at the
arrested | 8614 |
| person's initial
appearance, and if
the court believes
that the | 8615 |
| vehicle owner was
not provided with
adequate notice of
the initial | 8616 |
| appearance, the
court, in its
discretion, may allow
the vehicle | 8617 |
| owner to file a
motion within
seven days of the
initial | 8618 |
| appearance. If the court
allows the
vehicle owner to file
such a | 8619 |
| motion after the initial
appearance, the extension of time
granted | 8620 |
| by the court does not
extend the time within which the
initial | 8621 |
| appearance is to be
conducted. If the court issues an
order for | 8622 |
| the release of the
vehicle and its license plates, a
copy of the | 8623 |
| order shall be
made
available to the vehicle owner.
If
the vehicle | 8624 |
| owner
presents a
copy of the order to the law
enforcement agency | 8625 |
| that
employs the
law enforcement officer who
arrested the
arrested | 8626 |
| person, the law enforcement agency promptly
shall
release the | 8627 |
| vehicle and its license plates to the vehicle
owner
upon payment | 8628 |
| by the vehicle owner of any expenses or
charges
incurred in the | 8629 |
| removal and storage of the vehicle. | 8630 |
| (5) A vehicle seized under division (B)(1) of this section | 8631 |
|
either shall be towed to a place specified by the law enforcement | 8632 |
|
agency that employs the arresting officer to be safely kept by
the | 8633 |
|
agency at that place for the time and in the manner specified
in | 8634 |
|
this section or shall be otherwise immobilized for the time and in | 8635 |
|
the
manner specified in this section. A law enforcement officer
of | 8636 |
|
that agency shall remove the identification license plates of
the | 8637 |
|
vehicle, and they shall be safely kept by the agency for the
time | 8638 |
|
and in the manner specified in this section. No vehicle that
is | 8639 |
|
seized and either towed or immobilized pursuant to this
division | 8640 |
shall be considered contraband for purposes of section
2933.41, | 8641 |
2933.42, or 2933.43Chapter 2981. of the Revised Code. The vehicle | 8642 |
|
shall not
be immobilized at any place other than a commercially | 8643 |
|
operated
private storage lot, a place owned by a law enforcement | 8644 |
|
agency or other
government agency, or a place to which one of the | 8645 |
|
following
applies: | 8646 |
| (2)(a) At the initial appearance or not less than seven days | 8667 |
|
prior to the
date of final disposition, the court shall notify the
| 8668 |
|
arrested person
that, if title to a motor vehicle that is subject | 8669 |
|
to an order for
criminal forfeiture under this section is assigned | 8670 |
|
or
transferred and division
(B)(2)
or (3) of section 4503.234
of | 8671 |
|
the
Revised
Code applies, the court may
fine the
arrested person | 8672 |
|
the value of the
vehicle.
If, at the
initial appearance, the
| 8673 |
|
arrested
person pleads
guilty to
the violation of division (A) of | 8674 |
|
section 4511.19
of the
Revised Code or of the municipal
OVI | 8675 |
|
ordinance or pleads
no
contest to and is convicted of the | 8676 |
|
violation, the court shall
impose sentence upon the
person as | 8677 |
|
provided by
law or
ordinance; the court shall order
the | 8678 |
|
immobilization of the vehicle
the arrested person was
operating at | 8679 |
|
the time
of the offense if registered in the arrested
person's | 8680 |
|
name and the
impoundment of its
license plates under
section | 8681 |
|
4503.233 and section
4511.19
or
4511.193
of the
Revised Code or | 8682 |
|
the criminal
forfeiture
to the state of the
vehicle
if registered | 8683 |
|
in the arrested
person's name under section
4503.234 and
section | 8684 |
|
4511.19
or 4511.193
of the Revised
Code, whichever is
applicable; | 8685 |
|
and the vehicle and its license
plates
shall not be returned or | 8686 |
|
released to the
arrested person. | 8687 |
| (F)(1)
Except as provided in division
(D)(4) of this
section, | 8737 |
| the arrested person may be charged
expenses or charges
incurred in | 8738 |
| the removal and storage of the
immobilized vehicle.
The court
with | 8739 |
| jurisdiction over the case,
after notice to all
interested | 8740 |
| parties, including lienholders, and
after an
opportunity for them | 8741 |
| to be heard,
if the court
finds that
the
arrested person does not | 8742 |
| intend to
seek
release of the vehicle
at
the end of the period of | 8743 |
|
immobilization under section 4503.233
of
the Revised Code or that | 8744 |
|
the
arrested person is
not or will not
be able to
pay the expenses | 8745 |
| and charges incurred in its removal
and storage,
may order that | 8746 |
| title to the vehicle be transferred,
in order of
priority, first | 8747 |
| into the name of the person or entity
that removed
it, next into | 8748 |
| the name of a lienholder, or lastly
into the name of
the owner of | 8749 |
| the place of storage. | 8750 |
| Any lienholder that receives title under a court
order shall | 8751 |
|
do so on the condition that it pay any expenses or
charges | 8752 |
|
incurred in the vehicle's removal and
storage. If the person or | 8753 |
|
entity that receives title to the vehicle
is the person or entity | 8754 |
|
that removed it, the person or entity
shall receive title on the | 8755 |
|
condition that it pay any lien on the
vehicle. The court
shall
not | 8756 |
| order that title be transferred to any person or entity
other
than | 8757 |
| the owner of the place of storage if the person or
entity
refuses | 8758 |
| to receive the title. Any person or entity that
receives
title | 8759 |
| either may keep title to the vehicle or may
dispose of the
vehicle | 8760 |
| in any legal manner that it considers
appropriate,
including | 8761 |
| assignment of the certificate of title to
the motor
vehicle to a | 8762 |
| salvage dealer or a scrap metal processing
facility.
The person or | 8763 |
| entity shall not
transfer the vehicle to the person
who is the | 8764 |
|
vehicle's immediate previous
owner. | 8765 |
| (3) Prior to initiating a proceeding under division (F)(1)
of | 8781 |
| this
section, and upon payment of the fee under division (B) of | 8782 |
|
section 4505.14 of the Revised Code, any interested party may | 8783 |
|
cause a search to be made of the public records of the bureau of | 8784 |
|
motor vehicles or the clerk of the court of common pleas, to | 8785 |
|
ascertain the identity of any lienholder of the vehicle. The | 8786 |
|
initiating party shall furnish this information to the clerk of | 8787 |
|
the court with jurisdiction over the case,
and the clerk shall | 8788 |
|
provide notice
to the
arrested
person, any
lienholder, and any | 8789 |
|
other interested parties listed by
the initiating party, at the | 8790 |
|
last known address supplied by the
initiating party, by certified | 8791 |
|
mail or, at the option of the
initiating party, by personal | 8792 |
|
service or ordinary mail. | 8793 |
| (D)(1) No person shall buy, offer to buy, sell, offer to | 8810 |
|
sell, receive, dispose of, conceal, or, except as provided in | 8811 |
|
division (D)(4) of this section, possess any vehicle or vehicle | 8812 |
|
part with knowledge that the vehicle identification number or a | 8813 |
|
derivative
of the vehicle identification number has been
removed, | 8814 |
|
defaced, covered, altered,
or destroyed in such a manner
that the | 8815 |
|
identity of the vehicle or
part cannot be determined by a
visual | 8816 |
|
examination of the number
at the site where the
manufacturer | 8817 |
|
placed the number. | 8818 |
| (2)(a) A vehicle or vehicle part from which the vehicle | 8819 |
|
identification number or a derivative
of the vehicle | 8820 |
|
identification number has been so
removed, defaced, covered, | 8821 |
altered, or destroyed shall be seized
and forfeited under section | 8822 |
2933.41Chapter 2981. of the Revised Code unless
division (D)(3) | 8823 |
| or (4) of this
section applies to the vehicle or
part. If a | 8824 |
| derivative of the
vehicle identification number has
been removed, | 8825 |
| defaced, covered,
altered, or destroyed in such a
manner that the | 8826 |
| identity of the
part cannot be determined, the
entire vehicle is | 8827 |
| subject to
seizure pending a determination of
the original | 8828 |
| identity and
ownership of the vehicle and parts of
the vehicle, | 8829 |
| and the rights
of innocent owners to reclaim the
remainder or any | 8830 |
| part of the
vehicle. | 8831 |
| (b) The registrar of motor vehicles shall adopt rules
under | 8875 |
|
Chapter 119. of the Revised Code to permit an owner
described in | 8876 |
|
division (D)(4)(a) of this section, upon application
and | 8877 |
|
submission of satisfactory evidence to the registrar, to obtain | 8878 |
|
authority to replace the vehicle
identification number under the | 8879 |
|
supervision of a peace officer,
trooper of the state highway | 8880 |
|
patrol, or representative of the
registrar. The rules shall be | 8881 |
|
designed to restore the
identification of the vehicle in a manner | 8882 |
|
that will deter its
theft and facilitate its marketability. Until | 8883 |
|
such rules are
adopted, the registrar shall follow the existing | 8884 |
|
procedure for
the
replacement of vehicle identification numbers | 8885 |
|
that have been
established by the registrar, with such | 8886 |
|
modifications as the
registrar determines to be necessary or | 8887 |
|
appropriate for the
administration of the laws
the registrar is | 8888 |
|
required to
administer. | 8889 |
| Sec. 4549.63. (A) A law enforcement officer may seize and | 8913 |
|
take possession of a vehicle or vehicle part if the officer has | 8914 |
|
probable cause to believe that any vehicle identification number | 8915 |
|
or derivative thereof on the vehicle or part has been removed, | 8916 |
|
defaced, covered, altered, or destroyed in such a manner that the | 8917 |
|
identity of the vehicle or part cannot be determined by visual | 8918 |
|
examination of the number at the site where the manufacturer | 8919 |
|
placed the number. The seizure shall be pursuant to a warrant, | 8920 |
|
unless the circumstances are within one of the exceptions to the | 8921 |
|
warrant requirement that have been established by the supreme | 8922 |
|
court of the United States or of the supreme court of this state. | 8923 |
| Sec. 4728.04. (A) The application for a license under
this | 8937 |
| chapter shall state fully
the name and
address of the person, or | 8938 |
| corporation, and of every member of the
firm, partnership, or | 8939 |
| association, authorized to do business
thereunder, the name of the | 8940 |
| individual responsible for the daily
operation of the business, | 8941 |
| and the location of the office or
place of business in which the | 8942 |
| business is conducted. In the case
of a corporation, the | 8943 |
| application also shall state the date and
place of incorporation, | 8944 |
| the name and address of the corporation's
manager, the names and | 8945 |
| addresses of corporate directors, and the
name and address of the | 8946 |
| agent, as provided in section 4728.03 of
the Revised Code. | 8947 |
| The holder of a precious metals dealer's license
shall keep | 8948 |
| the license posted in a conspicuous place in the
office where | 8949 |
| business is transacted. No licensee shall transact
or solicit | 8950 |
| business under any other name or location. Not more
than one | 8951 |
| office or place of business shall be maintained under
the same | 8952 |
| license, except as provided under division (C) of this
section. In | 8953 |
| case of removal, the licensee shall provide written
notice in | 8954 |
| advance to the division of financial
institutions in the | 8955 |
| department of commerce of a prospective change of
address of a | 8956 |
| business location. Upon approval by the superintendent of | 8957 |
|
financial institutions, the division shall issue a new
license. If | 8958 |
| the new
location is outside the municipal corporation or county of | 8959 |
| the
original licensed location, the licensee shall pay an | 8960 |
| additional
license fee according to section 4728.03 of the Revised | 8961 |
| Code. | 8962 |
| (C)(1) The superintendent may issue to a person licensed | 8972 |
| under this chapter
or Chapter 4727. of the Revised Code a | 8973 |
| temporary exhibition
permit for a
term that coincides with that of | 8974 |
| the license of the licensee. A
person issued a permit under this | 8975 |
| division may engage in the
business of purchasing articles made of | 8976 |
| or containing gold,
silver, platinum, or other precious metals or | 8977 |
| jewels from the
public at a bona fide auction, convention, | 8978 |
| exhibition, fair, or
show, the primary purpose of which is to | 8979 |
| display, trade, and sell
articles made of or containing precious | 8980 |
| metals or jewels, for a
period not to exceed seven days for any | 8981 |
| one auction, convention,
exhibition, fair, or show. | 8982 |
| (4) A permit holder who wishes to participate in an
auction, | 8992 |
| convention, exhibition, fair, or show shall, at least
two weeks | 8993 |
| prior to its scheduled opening, submit to the
superintendent, or | 8994 |
| the chief or the head of the
local police department with | 8995 |
| jurisdiction at the location of the
event, the holder's name, the | 8996 |
| location of the auction,
convention, exhibition, fair, or show, | 8997 |
| and the holder's
permanent business address as
it appears on the | 8998 |
| holder's permit issued under division
(C)(2) of this section. | 8999 |
| (B)(1) There is hereby created in the state treasury
the | 9014 |
| board of pharmacy drug law enforcement fund. All moneys that
are | 9015 |
| derived from any fines, mandatory fines, or forfeited
bail to | 9016 |
| which
the board may be entitled under Chapter 2925., division | 9017 |
(C)(1) of
section 2923.42, or division (B)(5)
of section 2925.42 | 9018 |
| of the Revised Code and all moneys that are
derived from | 9019 |
| forfeitures of property to which the board may be
entitled | 9020 |
pursuant to Chapter 2925. or 2981. of the Revised Code, section | 9021 |
2923.32, 2923.35, 2923.44, 2923.45, 2923.46, or 2933.43 of the | 9022 |
Revised Code, any other
sectionprovision of the Revised Code, or | 9023 |
| federal law shall be deposited
into the fund. Subject to division | 9024 |
(B)(2) of this section,
division (D)(2)(c) of section 2923.35, | 9025 |
division (B)(5) of section
2923.44, division (B)(7)(c) of section | 9026 |
2923.46,
and
divisions (D)(1)(c)
and (3)(B), (C), and (D) of | 9027 |
section 2933.432981.13 of the Revised Code, the moneys in the | 9028 |
|
fund shall be used solely to subsidize the drug law enforcement | 9029 |
|
efforts of the board. | 9030 |
| Sec. 5735.121. (A) If the tax commissioner finds that any | 9050 |
|
person liable for tax under this chapter is about to depart from | 9051 |
| the
state, remove property from the state, conceal
self, or | 9052 |
| conceal the person's property, or do
any other act tending to | 9053 |
| prejudice, obstruct, or render wholly or
partly ineffectual | 9054 |
| proceedings to collect the tax, unless
proceedings are commenced | 9055 |
| without delay, or if the commissioner
believes that the collection | 9056 |
| of the amount due from any person
will be jeopardized by delay, | 9057 |
| the commissioner may issue a
jeopardy assessment against the | 9058 |
| person for the amount of the tax,
plus a penalty of up to fifteen | 9059 |
| per cent. Upon issuance of a jeopardy
assessment under this | 9060 |
| division, the total amount assessed shall
immediately be due and | 9061 |
| payable unless security is provided
pursuant to division (C) of | 9062 |
| this section. Any assessment issued under this
section shall
bear | 9063 |
| interest in the manner
prescribed in section 5735.12 of the | 9064 |
| Revised Code. | 9065 |
| (B) The commissioner immediately shall file an entry with
the | 9066 |
| clerk of the court of common pleas in the same manner and
with the | 9067 |
| same effect as provided in section 5735.12 of the
Revised Code. | 9068 |
| Notice of the jeopardy assessment shall be served
on the person | 9069 |
| assessed or the legal representative of the
person assessed, as | 9070 |
| provided in section 5703.37 of the Revised Code,
within five
days | 9071 |
| of the filing of the entry. The person assessed may
petition for | 9072 |
| reassessment within sixty days of receipt of
the notice of | 9073 |
| jeopardy assessment in the same manner as provided
in section | 9074 |
| 5735.12 of the Revised Code. Full or partial payment
of the | 9075 |
| assessment shall not prejudice the commissioner's
consideration of | 9076 |
| the merits of the assessment as contested by the
petition for | 9077 |
| reassessment. Upon notification of the existence of
the judgment | 9078 |
| filed pursuant to this division, any public official
having | 9079 |
| control or custody of any funds or property of the person
assessed | 9080 |
| immediately shall pay or deliver the funds or property
to the | 9081 |
| commissioner as full or partial satisfaction of the
jeopardy | 9082 |
| assessment. However, funds or property needed as
evidence in | 9083 |
| criminal proceedings or that is expected to be
forfeited pursuant | 9084 |
to section 2923.35, 2933.41, or 2933.43Chapter 2981. of the | 9085 |
|
Revised Code, need not be relinquished by the public official. | 9086 |
|
Upon disposition of criminal and forfeiture proceedings, funds
and | 9087 |
| property not needed as evidence and not forfeited shall be | 9088 |
|
delivered to the commissioner. | 9089 |
| Sec. 5739.15. (A) If the tax commissioner finds that a | 9103 |
|
vendor, consumer, or officer, employee, or trustee of a | 9104 |
|
corporation or business trust who is liable for any tax or charge | 9105 |
|
levied by this chapter or Chapter 5741. of the Revised Code is | 9106 |
|
about to depart from the state, remove the person's property
from | 9107 |
| the state, conceal the person's self or property, or do any other | 9108 |
| act
tending to prejudice, obstruct, or render wholly or partly | 9109 |
|
ineffectual proceedings to collect the tax unless the proceedings | 9110 |
|
are commenced without delay, or if the commissioner believes that | 9111 |
|
the collection of the amount due from any vendor, consumer, or | 9112 |
|
officer, employee, or trustee of a corporation or business trust | 9113 |
|
will be jeopardized by delay, the commissioner may issue a | 9114 |
|
jeopardy assessment against the person for the amount of the tax | 9115 |
|
or charge plus a penalty as provided by section 5739.133 of the | 9116 |
|
Revised Code. Upon issuance of a jeopardy assessment under this | 9117 |
|
division, the total amount assessed shall immediately be due and | 9118 |
|
payable unless security is provided pursuant to division (C) of | 9119 |
|
this section. Any assessment issued under this section shall bear | 9120 |
|
interest as prescribed by section 5739.13 of the Revised Code. | 9121 |
| (B) The commissioner immediately shall file an entry with
the | 9122 |
| clerk of the court of common pleas in the same manner and
with the | 9123 |
| same effect as provided in section 5739.13 of the
Revised Code. | 9124 |
| Notice of the jeopardy assessment shall be served
on the person | 9125 |
| assessed or the person's legal representative, as
provided in | 9126 |
| section 5703.37 of the Revised Code,
within five days of the | 9127 |
| filing of the entry. The person assessed may
petition for | 9128 |
| reassessment within sixty days of receipt of
the notice of | 9129 |
| jeopardy assessment in the same manner as provided
in section | 9130 |
| 5739.13 of the Revised Code. Full or partial payment
of the | 9131 |
| assessment shall not prejudice the commissioner's
consideration of | 9132 |
| the merits of the assessment as contested by the
petition for | 9133 |
| reassessment. Upon notification of the existence of
the judgment | 9134 |
| filed pursuant to this division, any public official
having | 9135 |
| control or custody of any funds or property of the person
assessed | 9136 |
| immediately shall pay or deliver the funds or property
to the | 9137 |
| commissioner as full or partial satisfaction of the
jeopardy | 9138 |
| assessment. However, funds or property needed as
evidence in | 9139 |
| criminal proceedings or that is expected to be
forfeited pursuant | 9140 |
to section 2923.35, 2933.41, or 2933.43Chapter 2981. of the | 9141 |
|
Revised Code, need not be relinquished by the public official. | 9142 |
|
Upon disposition of criminal and forfeiture proceedings, funds
and | 9143 |
| property not needed as evidence and not forfeited shall be | 9144 |
|
delivered to the commissioner. | 9145 |
| Sec. 5743.082. (A) If the tax commissioner finds that a | 9156 |
|
wholesale dealer or retail dealer, liable for tax under sections | 9157 |
|
5743.01 to 5743.20 of the Revised Code, is about to depart from | 9158 |
|
the state, remove the wholesale or retail dealer's property
from | 9159 |
| the state, conceal the wholesale or retail dealer's
person or | 9160 |
| property, or do any other act tending to prejudice, obstruct,
or | 9161 |
| render wholly or partly ineffectual proceedings to collect the | 9162 |
|
tax, unless the proceedings are commenced without delay, or if
the | 9163 |
| commissioner believes that the collection of the amount due
from | 9164 |
| any wholesale dealer or retail dealer will be jeopardized by | 9165 |
|
delay, the commissioner may issue a jeopardy assessment against | 9166 |
|
the wholesale or retail dealer for the amount of the tax, plus a | 9167 |
|
penalty of up to thirty per cent. Upon issuance of a jeopardy | 9168 |
|
assessment under this division, the total amount assessed shall | 9169 |
|
immediately be due and payable unless security is provided | 9170 |
|
pursuant to division (C) of this section. Any assessment issued | 9171 |
| under this
section shall bear interest as prescribed by section | 9172 |
| 5743.081 of the Revised
Code. | 9173 |
| (B) The commissioner immediately shall file an entry with
the | 9174 |
| clerk of the court of common pleas in the same manner and
with the | 9175 |
| same effect as provided in section 5743.081 of the
Revised Code. | 9176 |
| Notice of the jeopardy assessment shall be served
on the dealer | 9177 |
| assessed or the dealer's legal representative, as
provided in | 9178 |
| section 5703.37 of the Revised Code,
within five days of the | 9179 |
| filing of the entry. The dealer assessed may
petition for | 9180 |
| reassessment within sixty days of receipt of
the notice of | 9181 |
| jeopardy assessment in the same manner as provided
in section | 9182 |
| 5743.081 of the Revised Code. Full or partial payment
of the | 9183 |
| assessment shall not prejudice the commissioner's
consideration of | 9184 |
| the merits of the assessment as contested by the
petition for | 9185 |
| reassessment. Upon notification of the existence of
the judgment | 9186 |
| filed pursuant to this division, any public official
having | 9187 |
| control or custody of any funds or property of the person
assessed | 9188 |
| immediately shall pay or deliver the funds or property
to the | 9189 |
| commissioner as full or partial satisfaction of the
jeopardy | 9190 |
| assessment. However, funds or property needed as
evidence in | 9191 |
| criminal proceedings or that is expected to be
forfeited pursuant | 9192 |
to section 2923.35, 2933.41, or 2933.43Chapter 2981. of the | 9193 |
|
Revised Code, need not be relinquished by the public official. | 9194 |
|
Upon disposition of criminal and forfeiture proceedings, funds
and | 9195 |
| property not needed as evidence and not forfeited shall be | 9196 |
|
delivered to the commissioner. | 9197 |
| Section 2. That existing sections 9.92, 109.85, 309.08, | 9227 |
| 311.07, 1506.35, 2152.20, 2901.01, 2909.08, 2913.34, 2913.421, | 9228 |
| 2923.01, 2923.31, 2923.32, 2923.34, 2923.36, 2923.41, 2923.42, | 9229 |
| 2923.44, 2925.03, 2925.14, 2925.42, 2927.02, 2929.18, 2930.11, | 9230 |
| 2933.75, 2935.03, 2945.44, 3719.11, 3719.141, 3719.21, 3729.13, | 9231 |
| 3743.68, 3745.13, 4301.29, 4301.45, 4301.53, 4305.13, 4503.233, | 9232 |
| 4503.234, 4510.41, 4511.195, 4549.62, 4549.63, 4728.04, 4729.65, | 9233 |
| 5735.121, 5739.15, 5743.082, and 5743.112 and sections 2923.33, | 9234 |
| 2923.35, 2923.45, 2923.46, 2923.47, 2925.41, 2925.43, 2925.44, | 9235 |
| 2925.45, 2933.41, 2933.42, 2933.43, 2933.44, 2933.71, 2933.72, | 9236 |
| 2933.73, and 2933.74 of the Revised Code are hereby repealed. | 9237 |