(3) Unless the child's delinquent act or juvenile traffic | 47 |
offense would be a minor misdemeanor if committed by an adult or | 48 |
could be disposed of by the juvenile traffic violations bureau | 49 |
serving the court under Traffic Rule 13.1 if the court has | 50 |
established a juvenile traffic violations bureau, require the | 51 |
child to make restitution to the victim of
the
child's delinquent | 52 |
act or juvenile traffic offense or, if the victim is deceased, to | 53 |
a
survivor of
the victim in an amount based upon the victim's | 54 |
economic loss caused by
or related to the delinquent act or | 55 |
juvenile traffic offense.
The court may not require a child to | 56 |
make restitution pursuant to this division if the child's | 57 |
delinquent act or juvenile traffic offense would be a minor | 58 |
misdemeanor if committed by an adult or could be disposed of by | 59 |
the juvenile traffic violations bureau serving the court under | 60 |
Traffic Rule 13.1 if the court has established a juvenile traffic | 61 |
violations bureau. If the court requires restitution under this | 62 |
division, the restitution shall be made directly to
the victim in | 63 |
open court or to
the probation department that
serves the | 64 |
jurisdiction or the clerk
of courts on behalf of the
victim. | 65 |
If the court requires restitution under this division, the | 66 |
restitution may be in the form
of a
cash reimbursement paid in a | 67 |
lump sum or in installments, the
performance of repair work to | 68 |
restore any damaged property to its
original condition, the | 69 |
performance of a reasonable amount of
labor for the victim or | 70 |
survivor of the victim, the performance of
community service work, | 71 |
any other form of restitution devised by
the court, or any | 72 |
combination of the previously described forms of
restitution. | 73 |
If the court requires restitution under this division, the | 74 |
court may base the restitution order
on an
amount recommended by | 75 |
the victim or survivor of the victim,
the
delinquent child, the | 76 |
juvenile traffic offender, a presentence investigation report, | 77 |
estimates or
receipts indicating the cost of repairing or | 78 |
replacing property, and any
other information, provided that the | 79 |
amount the court orders as restitution shall not exceed the amount | 80 |
of the economic loss suffered by the victim as a direct and | 81 |
proximate result of the delinquent act or juvenile traffic | 82 |
offense. If the court decides to order restitution under this | 83 |
division and the amount of
the restitution is disputed
by the | 84 |
victim or survivor or by the
delinquent child or juvenile traffic | 85 |
offender, the court
shall hold a hearing on the
restitution. If | 86 |
the court requires restitution under this division, the court | 87 |
shall
determine, or order the
determination of, the amount of | 88 |
restitution to be paid by the
delinquent child or juvenile traffic | 89 |
offender. All restitution
payments shall be credited
against any | 90 |
recovery of economic loss
in a civil action brought by
or on | 91 |
behalf of the victim against
the delinquent child or juvenile | 92 |
traffic offender or the
delinquent child's or juvenile traffic | 93 |
offender's parent, guardian,
or other custodian. | 94 |
(b) All or part of the costs of confinement in a residential | 113 |
facility described in section 2152.19 of the Revised Code or in a | 114 |
department of youth services institution, including, but not | 115 |
limited to, a per
diem fee for room and board, the costs of | 116 |
medical and
dental treatment provided, and the costs of repairing | 117 |
property the
delinquent child damaged while so confined. The | 118 |
amount of
reimbursement ordered for a child under this division | 119 |
shall not
exceed the total amount of
reimbursement the child is | 120 |
able to pay as determined at a hearing and shall
not exceed the | 121 |
actual cost of the confinement. The court may collect any | 122 |
reimbursement ordered under this division. If the court
does not | 123 |
order reimbursement under this division, confinement
costs may be | 124 |
assessed pursuant to a repayment policy adopted under
section | 125 |
2929.37 of the Revised Code and
division
(D)
of section 307.93, | 126 |
division
(A) of section
341.19, division
(C) of
section
341.23
or | 127 |
753.16, division (C) of section 2301.56, or
division
(B) of | 128 |
section
341.14, 753.02,
753.04,
or
2947.19 of the
Revised Code. | 129 |
(3) Sections 2923.44 to 2923.47 of the Revised Code
apply to | 134 |
children who are adjudicated or could be adjudicated by a juvenile | 135 |
court to be delinquent children for an act in violation of section | 136 |
2923.42 of
the Revised Code. Subject to division (B) of
section | 137 |
2923.44 and division (E) of section 2923.45 of the
Revised Code, a | 138 |
delinquent child of that nature loses any right to
the possession | 139 |
of, and forfeits to the state any right, title, and interest
that | 140 |
the
delinquent child may have in, property as defined in section | 141 |
2923.41 of the Revised Code and
further described in section | 142 |
2923.44
or 2923.45 of the Revised Code. | 143 |
(D) If a child who is adjudicated a delinquent child is | 146 |
indigent,
the court shall consider imposing a term of community | 147 |
service under
division (A) of section 2152.19 of the Revised Code | 148 |
in
lieu of imposing a financial sanction under this section. If a | 149 |
child who is
adjudicated a delinquent child is not indigent, the | 150 |
court may impose a term of
community service under that division | 151 |
in lieu of, or in addition
to, imposing a financial sanction under | 152 |
this section. The court
may order community service for an act | 153 |
that if committed by an
adult would be a minor misdemeanor. | 154 |
(2) Permit payment of all, or any portion of, the financial | 165 |
sanction in installments, by credit or debit card, by another type | 166 |
of
electronic transfer, or by any other reasonable method, within | 167 |
any
period of time, and on any terms that the court considers | 168 |
just,
except that the maximum time permitted for payment shall not | 169 |
exceed five years. The clerk may pay any fee associated with | 170 |
processing an electronic transfer out of public money and may | 171 |
charge the fee
to
the delinquent child. | 172 |
(6) "Instrumentality" means property otherwise lawful to | 202 |
possess that is used in or intended to be used in an offense. An | 203 |
"instrumentality" may include, but is not limited to, a firearm, a | 204 |
mobile instrumentality, a computer, a computer network, a computer | 205 |
system, computer software, a telecommunications device, money, and | 206 |
any other means of exchange. | 207 |
(10) "Offense" means any act or omission that could be | 217 |
charged as a criminal offense or a delinquent act, whether or not | 218 |
a formal criminal prosecution or delinquent child proceeding began | 219 |
at the time the forfeiture is initiated. Except as otherwise | 220 |
specified, an offense for which property may be forfeited includes | 221 |
any felony and any misdemeanor. The commission of an "offense" | 222 |
includes the commission of a delinquent act. | 223 |
(b) In cases involving lawful goods or services that are sold | 230 |
or provided in an unlawful manner, "proceeds" means the amount of | 231 |
money or other means of exchange acquired through the illegal | 232 |
transactions resulting in the forfeiture, less the direct costs | 233 |
lawfully incurred in providing the goods or services. The lawful | 234 |
costs deduction does not include any part of the overhead expenses | 235 |
of, or income taxes paid by, the entity providing the goods or | 236 |
services. The alleged offender or delinquent child has the burden | 237 |
to prove that any costs are lawfully incurred. | 238 |
Sec. 2981.11. (A)(1) Any property that has been lost, | 256 |
abandoned, stolen, seized pursuant to a search warrant, or | 257 |
otherwise lawfully seized or forfeited and that is in the custody | 258 |
of a law enforcement agency shall be kept safely by the agency, | 259 |
pending the time it no longer is needed as evidence or for another | 260 |
lawful purpose, and shall be disposed of pursuant to sections | 261 |
2981.12 and 2981.13 of the Revised Code. | 262 |
(2) Each law enforcement agency that during any calendar year | 313 |
has any seized or forfeited property covered by this section in | 314 |
its custody, including amounts distributed under section 2981.13 | 315 |
of the Revised Code to its law enforcement trust fund or a similar | 316 |
fund created for the state highway patrol, department of public | 317 |
safety, department of taxation, or state board of pharmacy, shall | 318 |
prepare a report covering the calendar year that cumulates all of | 319 |
the information contained in all of the public records kept by the | 320 |
agency pursuant to this section for that calendar year. The agency | 321 |
shall send a copy of the cumulative report to the attorney general | 322 |
not later than the first day of March in the calendar year | 323 |
following the calendar year covered by the report. | 324 |
(4) Not later than the fifteenth day of April in each | 330 |
calendar year in which reports are sent to the attorney general | 331 |
under division (B)(2) of this section, the attorney general shall | 332 |
send to the president of the senate and the speaker of the house | 333 |
of representatives a written notice that indicates that the | 334 |
attorney general received reports that cover the previous calendar | 335 |
year, that the reports are open for inspection under section | 336 |
149.43 of the Revised Code, and that the attorney general will | 337 |
provide a copy of any or all of the reports to the president of | 338 |
the senate or the speaker of the house of representatives upon | 339 |
request. | 340 |
(C) A law enforcement agency with custody of property to be | 341 |
disposed of under section 2981.12 or 2981.13 of the Revised Code | 342 |
shall make a reasonable effort to locate persons entitled to | 343 |
possession of the property, to notify them of when and where it | 344 |
may be claimed, and to return the property to them at the earliest | 345 |
possible time. In the absence of evidence identifying persons | 346 |
entitled to possession, it is sufficient notice to advertise in a | 347 |
newspaper of general circulation in the county and to briefly | 348 |
describe the nature of the property in custody and inviting | 349 |
persons to view and establish their right to it. | 350 |
Sec. 2981.13. (A) Except as otherwise provided in this | 361 |
section, property ordered forfeited as contraband, proceeds, or an | 362 |
instrumentality pursuant to this chapter shall be disposed of, | 363 |
used, or sold pursuant to section 2981.12 of the Revised Code. If | 364 |
the property is to be sold under that section, the prosecutor | 365 |
shall cause notice of the proposed sale to be given in accordance | 366 |
with law. | 367 |
(b) If the forfeiture was ordered in a juvenile court, ninety | 386 |
per cent, and if the forfeiture was ordered in a court other than | 387 |
a juvenile court, one hundred per cent to the law enforcement | 388 |
trust fund of the prosecutor and to the following fund supporting | 389 |
the law enforcement agency that substantially conducted the | 390 |
investigation: the law enforcement trust fund of the county | 391 |
sheriff, municipal corporation, township, or park district created | 392 |
under section 511.18 or 1545.01 of the Revised Code; the state | 393 |
highway patrol contraband, forfeiture, and other fund; the | 394 |
department of public safety investigative unit contraband, | 395 |
forfeiture, and other fund; the department of taxation enforcement | 396 |
fund; the board of pharmacy drug law enforcement fund created by | 397 |
division (B)(1) of section 4729.65 of the Revised Code; the | 398 |
medicaid fraud investigation and prosecution fund; or the | 399 |
treasurer of state for deposit into the peace officer training | 400 |
commission fund if any other state law enforcement agency | 401 |
substantially conducted the investigation. In the case of property | 402 |
forfeited for medicaid fraud, any remaining amount shall be used | 403 |
by the attorney general to investigate and prosecute medicaid | 404 |
fraud offenses. | 405 |
(c) If more than one law enforcement agency is substantially | 409 |
involved in the seizure of property forfeited under this chapter, | 410 |
the court ordering the forfeiture shall equitably divide the | 411 |
amounts, after calculating any distribution to the law enforcement | 412 |
trust fund of the prosecutor pursuant to division (B)(4) of this | 413 |
section, among the entities that the court determines were | 414 |
substantially involved in the seizure. | 415 |
(C)(1) A law enforcement trust fund shall be established by | 416 |
the prosecutor of each county who intends to receive any remaining | 417 |
amounts pursuant to this section, by the sheriff of each county, | 418 |
by the legislative authority of each municipal corporation, by the | 419 |
board of township trustees of each township that has a township | 420 |
police department, township police district police force, or | 421 |
office of the constable, and by the board of park commissioners of | 422 |
each park district created pursuant to section 511.18 or 1545.01 | 423 |
of the Revised Code that has a park district police force or law | 424 |
enforcement department, for the purposes of this section. | 425 |
There is hereby created in the state treasury the state | 426 |
highway patrol contraband, forfeiture, and other fund, the | 427 |
department of public safety investigative unit contraband, | 428 |
forfeiture, and other fund, the medicaid fraud investigation and | 429 |
prosecution fund, the department of taxation enforcement fund, and | 430 |
the peace officer training commission fund, for the purposes of | 431 |
this section. | 432 |
Amounts distributed to any municipal corporation, township, | 433 |
or park district law enforcement trust fund shall be allocated | 434 |
from the fund by the legislative authority only to the police | 435 |
department of the municipal corporation, by the board of township | 436 |
trustees only to the township police department, township police | 437 |
district police force, or office of the constable, and by the | 438 |
board of park commissioners only to the park district police force | 439 |
or law enforcement department. | 440 |
(b) The board of pharmacy drug law enforcement fund shall be | 465 |
expended only in accordance with the written internal control | 466 |
policy so adopted by the board and only in accordance with section | 467 |
4729.65 of the Revised Code, except that it also may be expended | 468 |
to pay the costs of emergency action taken under section 3745.13 | 469 |
of the Revised Code relative to the operation of an illegal | 470 |
methamphetamine laboratory if the forfeited property or money | 471 |
involved was that of a person responsible for the operation of the | 472 |
laboratory. | 473 |
(c) The state highway patrol contraband, forfeiture, and | 474 |
other fund, the department of public safety investigative unit | 475 |
contraband, forfeiture, and other fund, the department of taxation | 476 |
enforcement fund, the board of pharmacy drug law enforcement fund, | 477 |
and a law enforcement trust fund shall not be used to meet the | 478 |
operating costs of the state highway patrol, of the investigative | 479 |
unit of the department of public safety, of the state board of | 480 |
pharmacy, of any political subdivision, or of any office of a | 481 |
prosecutor or county sheriff that are unrelated to law | 482 |
enforcement. | 483 |
(3) Any of the following offices or agencies that receive | 488 |
amounts under this section during any calendar year shall file a | 489 |
report with the specified entity, not later than the thirty-first | 490 |
day of January of the next calendar year, verifying that the | 491 |
moneys were expended only for the purposes authorized by this | 492 |
section or other relevant statute and specifying the amounts | 493 |
expended for each authorized purpose: | 494 |
(D) The written internal control policy of a county sheriff, | 519 |
prosecutor, municipal corporation police department, township | 520 |
police department, township police district police force, office | 521 |
of the constable, or park district police force or law enforcement | 522 |
department shall provide that at least ten per cent of the first | 523 |
one hundred thousand dollars of amounts deposited during each | 524 |
calendar year in the agency's law enforcement trust fund under | 525 |
this section, and at least twenty per cent of the amounts | 526 |
exceeding one hundred thousand dollars that are so deposited, | 527 |
shall be used in connection with community preventive education | 528 |
programs. The manner of use shall be determined by the sheriff, | 529 |
prosecutor, department, police force, or office of the constable | 530 |
after receiving and considering advice on appropriate community | 531 |
preventive education programs from the county's board of alcohol, | 532 |
drug addiction, and mental health services, from the county's | 533 |
alcohol and drug addiction services board, or through appropriate | 534 |
community dialogue. | 535 |
(E) Upon the sale, under this section or section 2981.12 of | 545 |
the Revised Code, of any property that is required by law to be | 546 |
titled or registered, the state shall issue an appropriate | 547 |
certificate of title or registration to the purchaser. If the | 548 |
state is vested with title and elects to retain property that is | 549 |
required to be titled or registered under law, the state shall | 550 |
issue an appropriate certificate of title or registration. | 551 |
Section 4. This act is hereby declared to be an emergency | 562 |
measure necessary for the immediate preservation of the public | 563 |
peace, health, and safety. The reason for such necessity is that | 564 |
it is crucial that this act's elimination of the unnecessary and | 565 |
inconsistent language and its inclusion of the omitted language | 566 |
regarding the Department of Taxation occur on July 1, 2007, which | 567 |
is the
effective date of Sub. H.B. 241 of the 126th General | 568 |
Assembly.
Therefore, this act shall go into immediate effect. | 569 |