As Reported by the Senate Judiciary--Criminal Justice Committee

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 120

Representative Latta 

Cosponsors: Representatives Chandler, Combs, Hughes, Otterman 

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A BILL

To amend sections 2152.20, 2981.01, 2981.11, and

1

2981.13 of the Revised Code to eliminate

2

unnecessary and inconsistent language mistakenly

3

retained by Sub. H.B. 241 of the 126th General

4

Assembly, to include in the law's forfeiture

5

provisions language regarding the Department of

6

Taxation that was omitted by that act, and to

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declare an emergency.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2152.20, 2981.01, 2981.11, and	9
2981.13 of the Revised Code be amended to read as follows:	10

Sec. 2152.20.  (A) If a child is adjudicated a delinquent	11
child or a juvenile traffic offender, the court may order any of	12
the following dispositions, in addition to any other disposition	13
authorized or required by this chapter:	14

(1) Impose a fine in accordance with the following schedule:

15

(a) For an act that would be a minor misdemeanor or an	16
unclassified misdemeanor if committed by an adult, a fine not to	17
exceed fifty dollars;	18

(b) For an act that would be a misdemeanor of the fourth	19
degree if committed by an adult, a fine not to exceed one hundred	20
dollars;	21

(c) For an act that would be a misdemeanor of the third	22
degree if committed by an adult, a fine not to exceed one hundred	23
fifty dollars;	24

(d) For an act that would be a misdemeanor of the second	25
degree if committed by an adult, a fine not to exceed two hundred	26
dollars;	27

(e) For an act that would be a misdemeanor of the first	28
degree if committed by an adult, a fine not to exceed two hundred	29
fifty dollars;	30

(f) For an act that would be a felony of the fifth degree or	31
an unclassified felony if committed by an adult, a fine not to	32
exceed three hundred dollars;	33

(g) For an act that would be a felony of the fourth degree if	34
committed by an adult, a fine not to exceed four hundred dollars;	35

(h) For an act that would be a felony of the third degree if	36
committed by an adult, a fine not to exceed seven hundred fifty	37
dollars;	38

(i) For an act that would be a felony of the second degree if	39
committed by an adult, a fine not to exceed one thousand dollars;	40

(j) For an act that would be a felony of the first degree if	41
committed by an adult, a fine not to exceed one thousand five	42
hundred dollars;	43

(k) For an act that would be aggravated murder or murder if	44
committed by an adult, a fine not to exceed two thousand dollars.	45

(2) Require the child to pay costs;

46

(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

If the court requires restitution under this division, the	95
court may order that the delinquent child or juvenile traffic	96
offender pay a surcharge, in an amount not exceeding five per cent	97
of the amount of restitution otherwise ordered under this	98
division, to the entity responsible for collecting and processing	99
the restitution payments.	100

The victim or the survivor of the victim may request that the	101
prosecuting authority file a motion, or the delinquent child or	102
juvenile traffic offender may file a motion, for modification of	103
the payment terms of any restitution ordered under this division.	104
If the court grants the motion, it may modify the payment terms as	105
it determines appropriate.	106

(4) Require the child to reimburse any or all of the costs	107
incurred for services or sanctions provided or imposed, including,	108
but not limited to, the following:	109

(a) All or part of the costs of implementing any community	110
control imposed as a disposition under section 2152.19 of the	111
Revised Code, including a supervision fee;	112

(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

(B) Chapter 2981. of the Revised Code applies to a child who	130
is adjudicated a delinquent child for violating section 2923.32 or	131
2923.42 of the Revised Code or for committing an act that, if	132
committed by an adult, would be a felony drug abuse offense.	133

(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

(C) The court may hold a hearing if necessary to determine	144
whether a child is able to pay a sanction under this section.	145

(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

If a child fails to pay a financial sanction imposed under	155
this section, the court may impose a term of community service in	156
lieu of the sanction.	157

(E) The clerk of the court, or another person authorized by	158
law or by the court to collect a financial sanction imposed under	159
this section, may do any of the following:	160

(1) Enter into contracts with one or more public agencies or	161
private vendors for the collection of the amounts due under the	162
financial sanction, which amounts may include interest from the	163
date of imposition of the financial sanction;	164

(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

(3) To defray administrative costs, charge a reasonable fee	173
to a child who elects a payment plan rather than a lump sum	174
payment of a financial sanction.	175

Sec. 2981.01. (A) Forfeitures under this chapter shall be	176
governed by all of the following purposes:	177

(1) To provide economic disincentives and remedies to deter	178
and offset the economic effect of offenses by seizing and	179
forfeiting contraband, proceeds, and certain instrumentalities;	180

(2) To ensure that seizures and forfeitures of	181
instrumentalities are proportionate to the offense committed;	182

(3) To protect third parties from wrongful forfeiture of	183
their property;	184

(4) To prioritize restitution for victims of offenses.

185

(B) As used in this chapter:

186

(1) "Aircraft" has the same meaning as in section 4561.01 of	187
the Revised Code.	188

(2) "Computers," "computer networks," "computer systems,"	189
"computer software," and "telecommunications device" have the same	190
meanings as in section 2913.01 of the Revised Code.	191

(3) "Financial institution" means a bank, credit union,	192
savings and loan association, or a licensee or registrant under	193
Chapter 1321. of the Revised Code.	194

(4) "Firearm" and "dangerous ordnance" have the same meanings	195
as in section 2923.11 of the Revised Code.	196

(5) "Innocent person" includes any bona fide purchaser of	197
property that is subject to forfeiture, including any person who	198
establishes a valid claim to or interest in the property in	199
accordance with section 2923.04 of the Revised Code, and any	200
victim of an alleged offense.	201

(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

(7) "Law enforcement agency" includes, but is not limited to,	208
the state board of pharmacy, the enforcement division of the	209
department of taxation, and the office of the prosecutor.	210

(8) "Mobile instrumentality" means an instrumentality that is	211
inherently mobile and used in the routine transport of persons.	212
"Mobile instrumentality" includes, but is not limited to, any	213
vehicle, any watercraft, and any aircraft.	214

(9) "Money" has the same meaning as in section 1301.01 of the	215
Revised Code.	216

(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

(11) "Proceeds" means both of the following:

224

(a) In cases involving unlawful goods, services, or	225
activities, "proceeds" means any property derived directly or	226
indirectly from an offense. "Proceeds" may include, but is not	227
limited to, money or any other means of exchange. "Proceeds" is	228
not limited to the net gain or profit realized from the offense.	229

(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

(12) "Property" means "property" as defined in section	239
2901.01 of the Revised Code and any benefit, privilege, claim,	240
position, interest in an enterprise, or right derived, directly or	241
indirectly, from the offense.	242

(13) "Property subject to forfeiture" includes contraband and	243
proceeds and may include instrumentalities as provided in this	244
chapter.	245

(14) "Prosecutor" has the same meaning as in section 2935.01	246
of the Revised Code. When relevant, "prosecutor" also includes the	247
attorney general.	248

(15) "Vehicle" has the same meaning as in section 4501.01 of	249
the Revised Code.	250

(16) "Watercraft" has the same meaning as in section 1547.01	251
of the Revised Code.	252

(C) The penalties and procedures under Chapters 2923., 2925.,	253
and 2933. of the Revised Code remain in effect to the extent that	254
they do not conflict with this chapter.	255

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) This chapter does not apply to the custody and disposal	263
of any of the following:	264

(a) Vehicles subject to forfeiture under Title XLV of the	265
Revised Code, except as provided in division (A)(6) of section	266
2981.12 of the Revised Code;	267

(b) Abandoned junk motor vehicles or other property of	268
negligible value;	269

(c) Property held by a department of rehabilitation and	270
correction institution that is unclaimed, that does not have an	271
identified owner, that the owner agrees to dispose of, or that is	272
identified by the department as having little value;	273

(d) Animals taken, and devices used in unlawfully taking	274
animals, under section 1531.20 of the Revised Code;	275

(e) Controlled substances sold by a peace officer in the	276
performance of the officer's official duties under section	277
3719.141 of the Revised Code;	278

(f) Property recovered by a township law enforcement agency	279
under sections 505.105 to 505.109 of the Revised Code;	280

(g) Property held and disposed of under an ordinance of the	281
municipal corporation or under sections 737.29 to 737.33 of the	282
Revised Code, except that a municipal corporation that has	283
received notice of a citizens' reward program as provided in	284
division (F) of section 2981.12 of the Revised Code and disposes	285
of property under an ordinance shall pay twenty-five per cent of	286
any moneys acquired from any sale or auction to the citizens'	287
reward program.	288

(B)(1) Each law enforcement agency that has custody of any	289
property that is subject to this section shall adopt and comply	290
with a written internal control policy that does all of the	291
following:	292

(a) Provides for keeping detailed records as to the amount of	293
property acquired by the agency and the date property was	294
acquired;	295

(b) Provides for keeping detailed records of the disposition	296
of the property, which shall include, but not be limited to, both	297
of the following:	298

(i) The manner in which it was disposed, the date of	299
disposition, detailed financial records concerning any property	300
sold, and the name of any person who received the property. The	301
record shall not identify or enable identification of the	302
individual officer who seized any item of property.	303

(ii) The general types of expenditures made with amounts that	304
are gained from the sale of the property and that are retained by	305
the agency, including the specific amount expended on each general	306
type of expenditure, except that the policy shall not provide for	307
or permit the identification of any specific expenditure that is	308
made in an ongoing investigation.	309

(c) Complies with section 2981.13 of the Revised Code if the	310
agency has a law enforcement trust fund or similar fund created	311
under that section.	312

(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

(3) The records kept under the internal control policy shall	325
be open to public inspection during the agency's regular business	326
hours. The policy adopted under this section and each report	327
received by the attorney general is a public record open for	328
inspection under section 149.43 of the Revised Code.	329

(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

(D) As used in sections 2981.11 to 2981.13 of the Revised	351
Code:	352

(1) "Citizens' reward program" has the same meaning as in	353
section 9.92 of the Revised Code.	354

(2) "Law enforcement agency" includes correctional	355
institutions.	356

(3) "Township law enforcement agency" means an organized	357
police department of a township, a township police district, a	358
joint township police district, or the office of a township	359
constable.	360

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 contraband or instrumentality forfeited under this	368
chapter is sold, any moneys acquired from a sale and any proceeds	369
forfeited under this chapter shall be applied in the following	370
order:	371

(1) First, to pay costs incurred in the seizure, storage,	372
maintenance, security, and sale of the property and in the	373
forfeiture proceeding;	374

(2) Second, in a criminal forfeiture case, to satisfy any	375
restitution ordered to the victim of the offense or, in a civil	376
forfeiture case, to satisfy any recovery ordered for the person	377
harmed, unless paid from other assets;	378

(3) Third, to pay the balance due on any security interest	379
preserved under this chapter;	380

(4) Fourth, apply the remaining amounts as follows:

381

(a) If the forfeiture was ordered by a juvenile court, ten	382
per cent to one or more certified alcohol and drug addiction	383
treatment programs as provided in division (D) of section 2981.12	384
of the Revised Code;	385

(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

If the prosecutor declines to accept any of the remaining	406
amounts, the amounts shall be applied to the fund of the agency	407
that substantially conducted the investigation.	408

(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

(2)(a) No amounts shall be allocated to a fund created under	441
this section or used by an agency unless the agency has adopted a	442
written internal control policy that addresses the use of moneys	443
received from the appropriate fund. The appropriate fund shall be	444
expended only in accordance with that policy and, subject to the	445
requirements specified in this section, only for the following	446
purposes:	447

(i) To pay the costs of protracted or complex investigations	448
or prosecutions;	449

(ii) To provide reasonable technical training or expertise;

450

(iii) To provide matching funds to obtain federal grants to	451
aid law enforcement, in the support of DARE programs or other	452
programs designed to educate adults or children with respect to	453
the dangers associated with the use of drugs of abuse;	454

(iv) To pay the costs of emergency action taken under section	455
3745.13 of the Revised Code relative to the operation of an	456
illegal methamphetamine laboratory if the forfeited property or	457
money involved was that of a person responsible for the operation	458
of the laboratory;	459

(v) For other law enforcement purposes that the	460
superintendent of the state highway patrol, department of public	461
safety, prosecutor, county sheriff, legislative authority, board	462
of township trustees, or board of park commissioners determines to	463
be appropriate.	464

(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

(d) Forfeited moneys that are paid into the state treasury to	484
be deposited into the peace officer training commission fund shall	485
be used by the commission only to pay the costs of peace officer	486
training.	487

(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

(a) Any sheriff or prosecutor shall file the report with the	495
county auditor.	496

(b) Any municipal corporation police department shall file	497
the report with the legislative authority of the municipal	498
corporation.	499

(c) Any township police department, township police district	500
police force, or office of the constable shall file the report	501
with the board of township trustees of the township.	502

(d) Any park district police force or law enforcement	503
department shall file the report with the board of park	504
commissioners of the park district.	505

(e) The superintendent of the state highway patrol and the	506
tax commissioner shall file the report with the attorney general.	507

(f) The executive director of the state board of pharmacy	508
shall file the report with the attorney general, verifying that	509
cash and forfeited proceeds paid into the board of pharmacy drug	510
law enforcement fund were used only in accordance with section	511
4729.65 of the Revised Code.	512

(g) The peace officer training commission shall file a report	513
with the attorney general, verifying that cash and forfeited	514
proceeds paid into the peace officer training commission fund	515
pursuant to this section during the prior calendar year were used	516
by the commission during the prior calendar year only to pay the	517
costs of peace officer training.	518

(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

The financial records kept under the internal control policy	536
shall specify the amount deposited during each calendar year in	537
the portion of that amount that was used pursuant to this	538
division, and the programs in connection with which the portion of	539
that amount was so used.	540

As used in this division, "community preventive education	541
programs" include, but are not limited to, DARE programs and other	542
programs designed to educate adults or children with respect to	543
the dangers associated with using drugs of abuse.	544

(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

(F) Any failure of a law enforcement officer or agency,	552
prosecutor, court, or the attorney general to comply with this	553
section in relation to any property seized does not affect the	554
validity of the seizure and shall not be considered to be the	555
basis for suppressing any evidence resulting from the seizure,	556
provided the seizure itself was lawful.	557

Section 2. That existing sections 2152.20, 2981.01, 2981.11,	558
and 2981.13 of the Revised Code are hereby repealed.	559

Section 3. Sections 1 and 2 of this act shall take effect on	560
July 1, 2007.	561

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