As Introduced

127th General Assembly Regular Session 2007-2008

S. B. No. 320

Senator Seitz 

Cosponsors: Senators Spada, Schuring, Padgett, Coughlin, Schaffer, Grendell 

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A BILL

To amend section 2923.31 of the Revised Code to

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include organized retail theft within the

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definition of corrupt activity as used in the Ohio

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Corrupt Activities Law.

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

Section 1. That section 2923.31 of the Revised Code be	5
amended to read as follows:	6

Sec. 2923.31.  As used in sections 2923.31 to 2923.36 of the	7
Revised Code:	8

(A) "Beneficial interest" means any of the following:

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(1) The interest of a person as a beneficiary under a trust	10
in which the trustee holds title to personal or real property;	11

(2) The interest of a person as a beneficiary under any other	12
trust arrangement under which any other person holds title to	13
personal or real property for the benefit of such person;	14

(3) The interest of a person under any other form of express	15
fiduciary arrangement under which any other person holds title to	16
personal or real property for the benefit of such person.	17

"Beneficial interest" does not include the interest of a	18
stockholder in a corporation or the interest of a partner in	19
either a general or limited partnership.	20

(B) "Costs of investigation and prosecution" and "costs of	21
investigation and litigation" mean all of the costs incurred by	22
the state or a county or municipal corporation under sections	23
2923.31 to 2923.36 of the Revised Code in the prosecution and	24
investigation of any criminal action or in the litigation and	25
investigation of any civil action, and includes, but is not	26
limited to, the costs of resources and personnel.	27

(C) "Enterprise" includes any individual, sole	28
proprietorship, partnership, limited partnership, corporation,	29
trust, union, government agency, or other legal entity, or any	30
organization, association, or group of persons associated in fact	31
although not a legal entity. "Enterprise" includes illicit as well	32
as licit enterprises.	33

(D) "Innocent person" includes any bona fide purchaser of	34
property that is allegedly involved in a violation of section	35
2923.32 of the Revised Code, including any person who establishes	36
a valid claim to or interest in the property in accordance with	37
division (E) of section 2981.04 of the Revised Code, and any	38
victim of an alleged violation of that section or of any	39
underlying offense involved in an alleged violation of that	40
section.	41

(E) "Pattern of corrupt activity" means two or more incidents	42
of corrupt activity, whether or not there has been a prior	43
conviction, that are related to the affairs of the same	44
enterprise, are not isolated, and are not so closely related to	45
each other and connected in time and place that they constitute a	46
single event.	47

At least one of the incidents forming the pattern shall occur	48
on or after January 1, 1986. Unless any incident was an aggravated	49
murder or murder, the last of the incidents forming the pattern	50
shall occur within six years after the commission of any prior	51
incident forming the pattern, excluding any period of imprisonment	52
served by any person engaging in the corrupt activity.	53

For the purposes of the criminal penalties that may be	54
imposed pursuant to section 2923.32 of the Revised Code, at least	55
one of the incidents forming the pattern shall constitute a felony	56
under the laws of this state in existence at the time it was	57
committed or, if committed in violation of the laws of the United	58
States or of any other state, shall constitute a felony under the	59
law of the United States or the other state and would be a	60
criminal offense under the law of this state if committed in this	61
state.	62

(F) "Pecuniary value" means money, a negotiable instrument, a	63
commercial interest, or anything of value, as defined in section	64
1.03 of the Revised Code, or any other property or service that	65
has a value in excess of one hundred dollars.	66

(G) "Person" means any person, as defined in section 1.59 of	67
the Revised Code, and any governmental officer, employee, or	68
entity.	69

(H) "Personal property" means any personal property, any	70
interest in personal property, or any right, including, but not	71
limited to, bank accounts, debts, corporate stocks, patents, or	72
copyrights. Personal property and any beneficial interest in	73
personal property are deemed to be located where the trustee of	74
the property, the personal property, or the instrument evidencing	75
the right is located.	76

(I) "Corrupt activity" means engaging in, attempting to	77
engage in, conspiring to engage in, or soliciting, coercing, or	78
intimidating another person to engage in any of the following:	79

(1) Conduct defined as "racketeering activity" under the	80
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	81
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	82

(2) Conduct constituting any of the following:

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(a) A violation of section 1315.55, 1322.02, 2903.01,	84
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,	85
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,	86
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	87
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05,	88
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32,	89
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division	90
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)	91
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of	92
section 1707.44; division (A)(1) or (2) of section 2923.20;	93
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or	94
4719.06; division (C), (D), or (E) of section 4719.07; section	95
4719.08; or division (A) of section 4719.09 of the Revised Code.	96

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	97
3769.19 of the Revised Code as it existed prior to July 1, 1996,	98
any violation of section 2915.02 of the Revised Code that occurs	99
on or after July 1, 1996, and that, had it occurred prior to that	100
date, would have been a violation of section 3769.11 of the	101
Revised Code as it existed prior to that date, or any violation of	102
section 2915.05 of the Revised Code that occurs on or after July	103
1, 1996, and that, had it occurred prior to that date, would have	104
been a violation of section 3769.15, 3769.16, or 3769.19 of the	105
Revised Code as it existed prior to that date.	106

(c) Any violation of section 2907.21, 2907.22, 2907.31,	107
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	108
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	109
of the Revised Code, any violation of section 2925.11 of the	110
Revised Code that is a felony of the first, second, third, or	111
fourth degree and that occurs on or after July 1, 1996, any	112
violation of section 2915.02 of the Revised Code that occurred	113
prior to July 1, 1996, any violation of section 2915.02 of the	114
Revised Code that occurs on or after July 1, 1996, and that, had	115
it occurred prior to that date, would not have been a violation of	116
section 3769.11 of the Revised Code as it existed prior to that	117
date, any violation of section 2915.06 of the Revised Code as it	118
existed prior to July 1, 1996, or any violation of division (B) of	119
section 2915.05 of the Revised Code as it exists on and after July	120
1, 1996, when the proceeds of the violation, the payments made in	121
the violation, the amount of a claim for payment or for any other	122
benefit that is false or deceptive and that is involved in the	123
violation, or the value of the contraband or other property	124
illegally possessed, sold, or purchased in the violation exceeds	125
five hundred dollars, or any combination of violations described	126
in division (I)(2)(c) of this section when the total proceeds of	127
the combination of violations, payments made in the combination of	128
violations, amount of the claims for payment or for other benefits	129
that is false or deceptive and that is involved in the combination	130
of violations, or value of the contraband or other property	131
illegally possessed, sold, or purchased in the combination of	132
violations exceeds five hundred dollars;	133

(d) Any violation of section 5743.112 of the Revised Code	134
when the amount of unpaid tax exceeds one hundred dollars;	135

(e) Any violation or combination of violations of section	136
2907.32 of the Revised Code involving any material or performance	137
containing a display of bestiality or of sexual conduct, as	138
defined in section 2907.01 of the Revised Code, that is explicit	139
and depicted with clearly visible penetration of the genitals or	140
clearly visible penetration by the penis of any orifice when the	141
total proceeds of the violation or combination of violations, the	142
payments made in the violation or combination of violations, or	143
the value of the contraband or other property illegally possessed,	144
sold, or purchased in the violation or combination of violations	145
exceeds five hundred dollars;	146

(f) Any combination of violations described in division	147
(I)(2)(c) of this section and violations of section 2907.32 of the	148
Revised Code involving any material or performance containing a	149
display of bestiality or of sexual conduct, as defined in section	150
2907.01 of the Revised Code, that is explicit and depicted with	151
clearly visible penetration of the genitals or clearly visible	152
penetration by the penis of any orifice when the total proceeds of	153
the combination of violations, payments made in the combination of	154
violations, amount of the claims for payment or for other benefits	155
that is false or deceptive and that is involved in the combination	156
of violations, or value of the contraband or other property	157
illegally possessed, sold, or purchased in the combination of	158
violations exceeds five hundred dollars.	159

(3) Conduct constituting a violation of any law of any state	160
other than this state that is substantially similar to the conduct	161
described in division (I)(2) of this section, provided the	162
defendant was convicted of the conduct in a criminal proceeding in	163
the other state;	164

(4) Animal or ecological terrorism;

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(5) Organized retail theft.

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(J) "Real property" means any real property or any interest	167
in real property, including, but not limited to, any lease of, or	168
mortgage upon, real property. Real property and any beneficial	169
interest in it is deemed to be located where the real property is	170
located.	171

(K) "Trustee" means any of the following:

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(1) Any person acting as trustee under a trust in which the	173
trustee holds title to personal or real property;	174

(2) Any person who holds title to personal or real property	175
for which any other person has a beneficial interest;	176

(3) Any successor trustee.

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"Trustee" does not include an assignee or trustee for an	178
insolvent debtor or an executor, administrator, administrator with	179
the will annexed, testamentary trustee, guardian, or committee,	180
appointed by, under the control of, or accountable to a court.	181

(L) "Unlawful debt" means any money or other thing of value	182
constituting principal or interest of a debt that is legally	183
unenforceable in this state in whole or in part because the debt	184
was incurred or contracted in violation of any federal or state	185
law relating to the business of gambling activity or relating to	186
the business of lending money at an usurious rate unless the	187
creditor proves, by a preponderance of the evidence, that the	188
usurious rate was not intentionally set and that it resulted from	189
a good faith error by the creditor, notwithstanding the	190
maintenance of procedures that were adopted by the creditor to	191
avoid an error of that nature.	192

(M) "Animal activity" means any activity that involves the	193
use of animals or animal parts, including, but not limited to,	194
hunting, fishing, trapping, traveling, camping, the production,	195
preparation, or processing of food or food products, clothing or	196
garment manufacturing, medical research, other research,	197
entertainment, recreation, agriculture, biotechnology, or service	198
activity that involves the use of animals or animal parts.	199

(N) "Animal facility" means a vehicle, building, structure,	200
nature preserve, or other premises in which an animal is lawfully	201
kept, handled, housed, exhibited, bred, or offered for sale,	202
including, but not limited to, a zoo, rodeo, circus, amusement	203
park, hunting preserve, or premises in which a horse or dog event	204
is held.	205

(O) "Animal or ecological terrorism" means the commission of	206
any felony that involves causing or creating a substantial risk of	207
physical harm to any property of another, the use of a deadly	208
weapon or dangerous ordnance, or purposely, knowingly, or	209
recklessly causing serious physical harm to property and that	210
involves an intent to obstruct, impede, or deter any person from	211
participating in a lawful animal activity, from mining, foresting,	212
harvesting, gathering, or processing natural resources, or from	213
being lawfully present in or on an animal facility or research	214
facility.	215

(P) "Research facility" means a place, laboratory,	216
institution, medical care facility, government facility, or public	217
or private educational institution in which a scientific test,	218
experiment, or investigation involving the use of animals or other	219
living organisms is lawfully carried out, conducted, or	220
attempted.	221

(Q) "Organized retail theft" means the theft of retail	222
property with a retail value of five hundred dollars or more from	223
a retail establishment with the intent to sell, deliver, or	224
transfer that property to a retail property fence.	225

(R) "Retail property" means any tangible personal property	226
displayed, held, stored, or offered for sale in or by a retail	227
establishment.	228

(S) "Retail property fence" means a person who possesses,	229
procures, receives, or conceals retail property that was	230
represented to the person as being stolen or that the person knows	231
or believes to be stolen.	232

(T) "Retail value" means the full retail value of the retail	233
property. In determining whether the retail value of retail	234
property equals or exceeds five hundred dollars, the value of all	235
retail property stolen from the retail establishment by the same	236
person or persons within any one-hundred-eighty-day period shall	237
be aggregated.	238

Section 2. That existing section 2923.31 of the Revised Code	239
is hereby repealed.	240