As Passed by the House

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 320

Senator Seitz 

Cosponsors: Senators Spada, Schuring, Padgett, Coughlin, Schaffer, Grendell, Fedor, Amstutz, Austria, Boccieri, Buehrer, Cates, Faber, Harris, Kearney, Mason, Miller, R., Morano, Mumper, Niehaus, Sawyer, Schuler, Stivers, Wagoner, Wilson, Smith, Jacobson 

Representatives Yuko, Mallory, Bacon, Blessing, Bolon, Chandler, Collier, Combs, DeBose, Domenick, Dyer, Evans, Flowers, Gibbs, Goyal, Grady, Hagan, J., Hite, Hughes, Luckie, Mandel, Mecklenborg, Nero, Newcomb, Oelslager, Otterman, J., Sayre, Schindel, Schneider, Setzer, Zehringer 

---

A BILL

To amend sections 2913.01, 2913.02, 2913.72, and

1

2923.31 and to enact section 1333.851 of the

2

Revised Code to include organized retail theft

3

and substantially similar conduct occurring in

4

another state within the definition of corrupt

5

activity as used in the Ohio Corrupt Activities

6

Law, to require compensation of an alcoholic

7

beverage distributor before reassigning the

8

distributor's product or brand territory, to make

9

changes to the law governing certain franchise

10

agreements between a successor manufacturer and

11

distributor, and to permit a court to order an

12

offender who steals rental property to pay for

13

the cost of repairing or replacing the stolen

14

property and any loss of revenue resulting from

15

deprivation of the property due to theft.

16

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

Section 1. That sections 2913.01, 2913.02, 2913.72, and	17
2923.31 be amended and section 1333.851 of the Revised Code be	18
enacted to read as follows:	19

Sec. 1333.851.  (A) With respect to any merger, acquisition,	20
purchase, or assignment under division (D) of section 1333.85 of	21
the Revised Code, both of the following apply:	22

(1) The territories for the particular product or brand of	23
alcoholic beverage shall not be assigned to another distributor	24
until the successor manufacturer compensates the terminated or	25
nonrenewed distributor for the diminished value of the	26
distributor's business.	27

(2) When a distributor receives written notice of termination	28
or nonrenewal of its franchise pursuant to division (D) of section	29
1333.85 of the Revised Code, the distribution of beer or wine for	30
ninety days or more without a written contract shall not	31
constitute a franchise relationship between the successor	32
manufacturer and the distributor under section 1333.83 of the	33
Revised Code.	34

(B) With respect to the merger, acquisition, or purchase of a	35
manufacturer by a successor manufacturer or the purchase or	36
assignment of a product or brand to a successor manufacturer under	37
division (D) of section 1333.85 of the Revised Code, all of the	38
following apply:	39

(1) Except as otherwise provided in division (B)(2) of this	40
section, within seventy-five days after a distributor receives	41
written notice of termination or nonrenewal of its franchise	42
pursuant to division (D) of section 1333.85 of the Revised Code,	43
the distributor shall provide the successor manufacturer with the	44
three previous years of financial statements and other relevant	45
and reasonably necessary financial information regarding the	46
diminished value of the distributor's business. The distributor	47
and successor manufacturer shall negotiate in good faith to	48
determine the diminished value of the distributor's business, and	49
the successor manufacturer shall pay the distributor for that	50
diminished value.	51

(2) If the distributor and successor manufacturer are unable	52
to negotiate in good faith or are unable to resolve the	53
distributor's diminished value within ninety days of the date that	54
notice of termination is given, either party may bring an action	55
in the court of common pleas of the county in which the	56
distributor's principal place of business in this state is located	57
within ninety days of the date that notice of termination is	58
given, except that the parties may mutually agree in writing to	59
extend that ninety-day period.	60

(3) The court of common pleas shall determine the diminished	61
value of the distributor's business within ninety days after the	62
action is filed. The successor manufacturer shall pay the	63
distributor the amount of diminished value the court determines.	64
Upon payment of that amount by the manufacturer to the	65
distributor, the successor manufacturer may transfer the brands to	66
a new distributor.	67

(4) Either party may appeal the decision of the court of	68
common pleas to the court of appeals. The filing of an appeal does	69
not stay the successor manufacturer's payment of diminished value	70
to the distributor or the successor manufacturer's transfer of	71
brands to a new distributor.	72

(5) If the court is unable to determine the diminished value	73
of the distributor's business within ninety days after the action	74
is filed, the court shall order the successor manufacturer to pay	75
its last good faith offer to the distributor on the ninety-first	76
day after the action is filed and shall treat the manufacturer's	77
application for that order as a request for emergency injunctive	78
relief without the need for any showing of irreparable harm. Upon	79
payment of the amount of its last good faith offer to the	80
distributor, the successor manufacturer may transfer the brands to	81
a new distributor. After the successor manufacturer's payment of	82
that amount to the distributor and its transfer of the brands, the	83
court shall determine the diminished value of the distributor's	84
business. The successor manufacturer shall pay the distributor the	85
amount of the diminished value determined by the court less the	86
amount of its last good faith offer previously paid pursuant to	87
division (B)(5) of this section.	88

(6) The parties by mutual agreement may extend or shorten any	89
of the time deadlines set forth in this section.	90

Sec. 2913.01.  As used in this chapter, unless the context	91
requires that a term be given a different meaning:	92

(A) "Deception" means knowingly deceiving another or causing	93
another to be deceived by any false or misleading representation,	94
by withholding information, by preventing another from acquiring	95
information, or by any other conduct, act, or omission that	96
creates, confirms, or perpetuates a false impression in another,	97
including a false impression as to law, value, state of mind, or	98
other objective or subjective fact.	99

(B) "Defraud" means to knowingly obtain, by deception, some	100
benefit for oneself or another, or to knowingly cause, by	101
deception, some detriment to another.	102

(C) "Deprive" means to do any of the following:

103

(1) Withhold property of another permanently, or for a period	104
that appropriates a substantial portion of its value or use, or	105
with purpose to restore it only upon payment of a reward or other	106
consideration;	107

(2) Dispose of property so as to make it unlikely that the	108
owner will recover it;	109

(3) Accept, use, or appropriate money, property, or services,	110
with purpose not to give proper consideration in return for the	111
money, property, or services, and without reasonable justification	112
or excuse for not giving proper consideration.	113

(D) "Owner" means, unless the context requires a different	114
meaning, any person, other than the actor, who is the owner of,	115
who has possession or control of, or who has any license or	116
interest in property or services, even though the ownership,	117
possession, control, license, or interest is unlawful.	118

(E) "Services" include labor, personal services, professional	119
services, rental services, public utility services including	120
wireless service as defined in division (F)(1) of section 4931.40	121
of the Revised Code, common carrier services, and food, drink,	122
transportation, entertainment, and cable television services and,	123
for purposes of section 2913.04 of the Revised Code, include cable	124
services as defined in that section.	125

(F) "Writing" means any computer software, document, letter,	126
memorandum, note, paper, plate, data, film, or other thing having	127
in or upon it any written, typewritten, or printed matter, and any	128
token, stamp, seal, credit card, badge, trademark, label, or other	129
symbol of value, right, privilege, license, or identification.	130

(G) "Forge" means to fabricate or create, in whole or in part	131
and by any means, any spurious writing, or to make, execute,	132
alter, complete, reproduce, or otherwise purport to authenticate	133
any writing, when the writing in fact is not authenticated by that	134
conduct.	135

(H) "Utter" means to issue, publish, transfer, use, put or	136
send into circulation, deliver, or display.	137

(I) "Coin machine" means any mechanical or electronic device	138
designed to do both of the following:	139

(1) Receive a coin, bill, or token made for that purpose;

140

(2) In return for the insertion or deposit of a coin, bill,	141
or token, automatically dispense property, provide a service, or	142
grant a license.	143

(J) "Slug" means an object that, by virtue of its size,	144
shape, composition, or other quality, is capable of being inserted	145
or deposited in a coin machine as an improper substitute for a	146
genuine coin, bill, or token made for that purpose.	147

(K) "Theft offense" means any of the following:

148

(1) A violation of section 2911.01, 2911.02, 2911.11,	149
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	150
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	151
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	152
2913.47, former section 2913.47 or 2913.48, or section 2913.51,	153
2915.05, or 2921.41 of the Revised Code;	154

(2) A violation of an existing or former municipal ordinance	155
or law of this or any other state, or of the United States,	156
substantially equivalent to any section listed in division (K)(1)	157
of this section or a violation of section 2913.41, 2913.81, or	158
2915.06 of the Revised Code as it existed prior to July 1, 1996;	159

(3) An offense under an existing or former municipal	160
ordinance or law of this or any other state, or of the United	161
States, involving robbery, burglary, breaking and entering, theft,	162
embezzlement, wrongful conversion, forgery, counterfeiting,	163
deceit, or fraud;	164

(4) A conspiracy or attempt to commit, or complicity in	165
committing, any offense under division (K)(1), (2), or (3) of this	166
section.	167

(L) "Computer services" includes, but is not limited to, the	168
use of a computer system, computer network, computer program, data	169
that is prepared for computer use, or data that is contained	170
within a computer system or computer network.	171

(M) "Computer" means an electronic device that performs	172
logical, arithmetic, and memory functions by the manipulation of	173
electronic or magnetic impulses. "Computer" includes, but is not	174
limited to, all input, output, processing, storage, computer	175
program, or communication facilities that are connected, or	176
related, in a computer system or network to an electronic device	177
of that nature.	178

(N) "Computer system" means a computer and related devices,	179
whether connected or unconnected, including, but not limited to,	180
data input, output, and storage devices, data communications	181
links, and computer programs and data that make the system capable	182
of performing specified special purpose data processing tasks.	183

(O) "Computer network" means a set of related and remotely	184
connected computers and communication facilities that includes	185
more than one computer system that has the capability to transmit	186
among the connected computers and communication facilities through	187
the use of computer facilities.	188

(P) "Computer program" means an ordered set of data	189
representing coded instructions or statements that, when executed	190
by a computer, cause the computer to process data.	191

(Q) "Computer software" means computer programs, procedures,	192
and other documentation associated with the operation of a	193
computer system.	194

(R) "Data" means a representation of information, knowledge,	195
facts, concepts, or instructions that are being or have been	196
prepared in a formalized manner and that are intended for use in a	197
computer, computer system, or computer network. For purposes of	198
section 2913.47 of the Revised Code, "data" has the additional	199
meaning set forth in division (A) of that section.	200

(S) "Cable television service" means any services provided by	201
or through the facilities of any cable television system or other	202
similar closed circuit coaxial cable communications system, or any	203
microwave or similar transmission service used in connection with	204
any cable television system or other similar closed circuit	205
coaxial cable communications system.	206

(T) "Gain access" means to approach, instruct, communicate	207
with, store data in, retrieve data from, or otherwise make use of	208
any resources of a computer, computer system, or computer network,	209
or any cable service or cable system both as defined in section	210
2913.04 of the Revised Code.	211

(U) "Credit card" includes, but is not limited to, a card,	212
code, device, or other means of access to a customer's account for	213
the purpose of obtaining money, property, labor, or services on	214
credit, or for initiating an electronic fund transfer at a	215
point-of-sale terminal, an automated teller machine, or a cash	216
dispensing machine. It also includes a county procurement card	217
issued under section 301.29 of the Revised Code.	218

(V) "Electronic fund transfer" has the same meaning as in 92	219
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	220

(W) "Rented property" means personal property in which the	221
right of possession and use of the property is for a short and	222
possibly indeterminate term in return for consideration; the	223
rentee generally controls the duration of possession of the	224
property, within any applicable minimum or maximum term; and the	225
amount of consideration generally is determined by the duration of	226
possession of the property.	227

(X) "Telecommunication" means the origination, emission,	228
dissemination, transmission, or reception of data, images,	229
signals, sounds, or other intelligence or equivalence of	230
intelligence of any nature over any communications system by any	231
method, including, but not limited to, a fiber optic, electronic,	232
magnetic, optical, digital, or analog method.	233

(Y) "Telecommunications device" means any instrument,	234
equipment, machine, or other device that facilitates	235
telecommunication, including, but not limited to, a computer,	236
computer network, computer chip, computer circuit, scanner,	237
telephone, cellular telephone, pager, personal communications	238
device, transponder, receiver, radio, modem, or device that	239
enables the use of a modem.	240

(Z) "Telecommunications service" means the providing,	241
allowing, facilitating, or generating of any form of	242
telecommunication through the use of a telecommunications device	243
over a telecommunications system.	244

(AA) "Counterfeit telecommunications device" means a	245
telecommunications device that, alone or with another	246
telecommunications device, has been altered, constructed,	247
manufactured, or programmed to acquire, intercept, receive, or	248
otherwise facilitate the use of a telecommunications service or	249
information service without the authority or consent of the	250
provider of the telecommunications service or information service.	251
"Counterfeit telecommunications device" includes, but is not	252
limited to, a clone telephone, clone microchip, tumbler telephone,	253
or tumbler microchip; a wireless scanning device capable of	254
acquiring, intercepting, receiving, or otherwise facilitating the	255
use of telecommunications service or information service without	256
immediate detection; or a device, equipment, hardware, or software	257
designed for, or capable of, altering or changing the electronic	258
serial number in a wireless telephone.	259

(BB)(1) "Information service" means, subject to division	260
(BB)(2) of this section, the offering of a capability for	261
generating, acquiring, storing, transforming, processing,	262
retrieving, utilizing, or making available information via	263
telecommunications, including, but not limited to, electronic	264
publishing.	265

(2) "Information service" does not include any use of a	266
capability of a type described in division (BB)(1) of this section	267
for the management, control, or operation of a telecommunications	268
system or the management of a telecommunications service.	269

(CC) "Elderly person" means a person who is sixty-five years	270
of age or older.	271

(DD) "Disabled adult" means a person who is eighteen years of	272
age or older and has some impairment of body or mind that makes	273
the person unable to work at any substantially remunerative	274
employment that the person otherwise would be able to perform and	275
that will, with reasonable probability, continue for a period of	276
at least twelve months without any present indication of recovery	277
from the impairment, or who is eighteen years of age or older and	278
has been certified as permanently and totally disabled by an	279
agency of this state or the United States that has the function of	280
so classifying persons.	281

(EE) "Firearm" and "dangerous ordnance" have the same	282
meanings as in section 2923.11 of the Revised Code.	283

(FF) "Motor vehicle" has the same meaning as in section	284
4501.01 of the Revised Code.	285

(GG) "Dangerous drug" has the same meaning as in section	286
4729.01 of the Revised Code.	287

(HH) "Drug abuse offense" has the same meaning as in section	288
2925.01 of the Revised Code.	289

(II)(1) "Computer hacking" means any of the following:

290

(a) Gaining access or attempting to gain access to all or	291
part of a computer, computer system, or a computer network without	292
express or implied authorization with the intent to defraud or	293
with intent to commit a crime;	294

(b) Misusing computer or network services including, but not	295
limited to, mail transfer programs, file transfer programs, proxy	296
servers, and web servers by performing functions not authorized by	297
the owner of the computer, computer system, or computer network or	298
other person authorized to give consent. As used in this division,	299
"misuse of computer and network services" includes, but is not	300
limited to, the unauthorized use of any of the following:	301

(i) Mail transfer programs to send mail to persons other than	302
the authorized users of that computer or computer network;	303

(ii) File transfer program proxy services or proxy servers to	304
access other computers, computer systems, or computer networks;	305

(iii) Web servers to redirect users to other web pages or web	306
servers.	307

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	308
using a group of computer programs commonly known as "port	309
scanners" or "probes" to intentionally access any computer,	310
computer system, or computer network without the permission of the	311
owner of the computer, computer system, or computer network or	312
other person authorized to give consent. The group of computer	313
programs referred to in this division includes, but is not limited	314
to, those computer programs that use a computer network to access	315
a computer, computer system, or another computer network to	316
determine any of the following: the presence or types of computers	317
or computer systems on a network; the computer network's	318
facilities and capabilities; the availability of computer or	319
network services; the presence or versions of computer software	320
including, but not limited to, operating systems, computer	321
services, or computer contaminants; the presence of a known	322
computer software deficiency that can be used to gain unauthorized	323
access to a computer, computer system, or computer network; or any	324
other information about a computer, computer system, or computer	325
network not necessary for the normal and lawful operation of the	326
computer initiating the access.	327

(ii) The group of computer programs referred to in division	328
(II)(1)(c)(i) of this section does not include standard computer	329
software used for the normal operation, administration,	330
management, and test of a computer, computer system, or computer	331
network including, but not limited to, domain name services, mail	332
transfer services, and other operating system services, computer	333
programs commonly called "ping," "tcpdump," and "traceroute" and	334
other network monitoring and management computer software, and	335
computer programs commonly known as "nslookup" and "whois" and	336
other systems administration computer software.	337

(d) The intentional use of a computer, computer system, or a	338
computer network in a manner that exceeds any right or permission	339
granted by the owner of the computer, computer system, or computer	340
network or other person authorized to give consent.	341

(2) "Computer hacking" does not include the introduction of a	342
computer contaminant, as defined in section 2909.02 of the Revised	343
Code, into a computer, computer system, computer program, or	344
computer network.	345

(JJ) "Police dog or horse" has the same meaning as in section	346
2921.321 of the Revised Code.	347

(KK) "Anhydrous ammonia" is a compound formed by the	348
combination of two gaseous elements, nitrogen and hydrogen, in the	349
manner described in this division. Anhydrous ammonia is one part	350
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	351
weight is fourteen parts nitrogen to three parts hydrogen, which	352
is approximately eighty-two per cent nitrogen to eighteen per cent	353
hydrogen.	354

(LL) "Assistance dog" has the same meaning as in section	355
955.011 of the Revised Code.	356

(MM) "Federally licensed firearms dealer" has the same	357
meaning as in section 5502.63 of the Revised Code.	358

Sec. 2913.02.  (A) No person, with purpose to deprive the	359
owner of property or services, shall knowingly obtain or exert	360
control over either the property or services in any of the	361
following ways:	362

(1) Without the consent of the owner or person authorized to	363
give consent;	364

(2) Beyond the scope of the express or implied consent of the	365
owner or person authorized to give consent;	366

(3) By deception;

367

(4) By threat;

368

(5) By intimidation.

369

(B)(1) Whoever violates this section is guilty of theft.

370

(2) Except as otherwise provided in this division or division	371
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of	372
this section is petty theft, a misdemeanor of the first degree. If	373
the value of the property or services stolen is five hundred	374
dollars or more and is less than five thousand dollars or if the	375
property stolen is any of the property listed in section 2913.71	376
of the Revised Code, a violation of this section is theft, a	377
felony of the fifth degree. If the value of the property or	378
services stolen is five thousand dollars or more and is less than	379
one hundred thousand dollars, a violation of this section is grand	380
theft, a felony of the fourth degree. If the value of the property	381
or services stolen is one hundred thousand dollars or more and is	382
less than five hundred thousand dollars, a violation of this	383
section is aggravated theft, a felony of the third degree. If the	384
value of the property or services is five hundred thousand dollars	385
or more and is less than one million dollars, a violation of this	386
section is aggravated theft, a felony of the second degree. If the	387
value of the property or services stolen is one million dollars or	388
more, a violation of this section is aggravated theft of one	389
million dollars or more, a felony of the first degree.	390

(3) Except as otherwise provided in division (B)(4), (5),	391
(6), (7), or (8) of this section, if the victim of the offense is	392
an elderly person or disabled adult, a violation of this section	393
is theft from an elderly person or disabled adult, and division	394
(B)(3) of this section applies. Except as otherwise provided in	395
this division, theft from an elderly person or disabled adult is a	396
felony of the fifth degree. If the value of the property or	397
services stolen is five hundred dollars or more and is less than	398
five thousand dollars, theft from an elderly person or disabled	399
adult is a felony of the fourth degree. If the value of the	400
property or services stolen is five thousand dollars or more and	401
is less than twenty-five thousand dollars, theft from an elderly	402
person or disabled adult is a felony of the third degree. If the	403
value of the property or services stolen is twenty-five thousand	404
dollars or more and is less than one hundred thousand dollars,	405
theft from an elderly person or disabled adult is a felony of the	406
second degree. If the value of the property or services stolen is	407
one hundred thousand dollars or more, theft from an elderly person	408
or disabled adult is a felony of the first degree.	409

(4) If the property stolen is a firearm or dangerous	410
ordnance, a violation of this section is grand theft. Except as	411
otherwise provided in this division, grand theft when the property	412
stolen is a firearm or dangerous ordnance is a felony of the third	413
degree, and there is a presumption in favor of the court imposing	414
a prison term for the offense. If the firearm or dangerous	415
ordnance was stolen from a federally licensed firearms dealer,	416
grand theft when the property stolen is a firearm or dangerous	417
ordnance is a felony of the first degree. The offender shall serve	418
a prison term imposed for grand theft when the property stolen is	419
a firearm or dangerous ordnance consecutively to any other prison	420
term or mandatory prison term previously or subsequently imposed	421
upon the offender.	422

(5) If the property stolen is a motor vehicle, a violation of	423
this section is grand theft of a motor vehicle, a felony of the	424
fourth degree.	425

(6) If the property stolen is any dangerous drug, a violation	426
of this section is theft of drugs, a felony of the fourth degree,	427
or, if the offender previously has been convicted of a felony drug	428
abuse offense, a felony of the third degree.	429

(7) If the property stolen is a police dog or horse or an	430
assistance dog and the offender knows or should know that the	431
property stolen is a police dog or horse or an assistance dog, a	432
violation of this section is theft of a police dog or horse or an	433
assistance dog, a felony of the third degree.	434

(8) If the property stolen is anhydrous ammonia, a violation	435
of this section is theft of anhydrous ammonia, a felony of the	436
third degree.	437

(9) In addition to the penalties described in division (B)(2)	438
of this section, if the offender committed the violation by	439
causing a motor vehicle to leave the premises of an establishment	440
at which gasoline is offered for retail sale without the offender	441
making full payment for gasoline that was dispensed into the fuel	442
tank of the motor vehicle or into another container, the court may	443
do one of the following:	444

(a) Unless division (B)(9)(b) of this section applies,	445
suspend for not more than six months the offender's driver's	446
license, probationary driver's license, commercial driver's	447
license, temporary instruction permit, or nonresident operating	448
privilege;	449

(b) If the offender's driver's license, probationary driver's	450
license, commercial driver's license, temporary instruction	451
permit, or nonresident operating privilege has previously been	452
suspended pursuant to division (B)(9)(a) of this section, impose a	453
class seven suspension of the offender's license, permit, or	454
privilege from the range specified in division (A)(7) of section	455
4510.02 of the Revised Code, provided that the suspension shall be	456
for at least six months.	457

(10) In addition to the penalties described in division	458
(B)(2) of this section, if the offender committed the violation by	459
stealing rented property or rental services, the court may order	460
that the offender make restitution pursuant to section 2929.18 or	461
2929.28 of the Revised Code. Restitution may include, but is not	462
limited to, the cost of repairing or replacing the stolen	463
property, or the cost of repairing the stolen property and any	464
loss of revenue resulting from deprivation of the property due to	465
theft of rental services that is less than or equal to the actual	466
value of the property at the time it was rented. Evidence of	467
intent to commit theft of rented property or rental services	468
shall be determined pursuant to the provisions of section	469
2913.72 of the Revised Code.	470

(C) The sentencing court that suspends an offender's license,	471
permit, or nonresident operating privilege under division (B)(9)	472
of this section may grant the offender limited driving privileges	473
during the period of the suspension in accordance with Chapter	474
4510. of the Revised Code.	475

Sec. 2913.72.  (A) Each of the following shall be considered	476
evidence of an intent to commit theft of rented property or rental	477
services:	478

(1) At the time of entering into the rental contract, the	479
rentee presented the renter with identification that was	480
materially false, fictitious, or not current with respect to name,	481
address, place of employment, or other relevant information.	482

(2) After receiving a notice demanding the return of rented	483
property as provided in division (B) of this section, the rentee	484
neither returned the rented property nor made arrangements	485
acceptable with the renter to return the rented property.	486

(B) To establish that a rentee has an intent to commit theft	487
of rented property or rental services under division (A)(2) of	488
this section, a renter may issue a notice to a rentee demanding	489
the return of rented property. The renter shall mail the notice by	490
certified mail, return receipt requested, to the rentee at the	491
address the rentee gave when the rental contract was executed, or	492
to the rentee at the last address the rentee or the rentee's agent	493
furnished in writing to the renter.	494

(C) A demand for the return of rented property is not a	495
prerequisite for the prosecution of a rentee for theft of rented	496
property or rental services. The evidence specified in division	497
(A) of this section does not constitute the only evidence that may	498
be considered as evidence of intent to commit theft of rented	499
property or rental services.	500

(D) As used in this section:

501

(1) "Renter" means a person who owns rented property.

502

(2) "Rentee" means a person who pays consideration to a	503
renter for the use of rented property.	504

Sec. 2923.31.  As used in sections 2923.31 to 2923.36 of the	505
Revised Code:	506

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

507

(1) The interest of a person as a beneficiary under a trust	508
in which the trustee holds title to personal or real property;	509

(2) The interest of a person as a beneficiary under any other	510
trust arrangement under which any other person holds title to	511
personal or real property for the benefit of such person;	512

(3) The interest of a person under any other form of express	513
fiduciary arrangement under which any other person holds title to	514
personal or real property for the benefit of such person.	515

"Beneficial interest" does not include the interest of a	516
stockholder in a corporation or the interest of a partner in	517
either a general or limited partnership.	518

(B) "Costs of investigation and prosecution" and "costs of	519
investigation and litigation" mean all of the costs incurred by	520
the state or a county or municipal corporation under sections	521
2923.31 to 2923.36 of the Revised Code in the prosecution and	522
investigation of any criminal action or in the litigation and	523
investigation of any civil action, and includes, but is not	524
limited to, the costs of resources and personnel.	525

(C) "Enterprise" includes any individual, sole	526
proprietorship, partnership, limited partnership, corporation,	527
trust, union, government agency, or other legal entity, or any	528
organization, association, or group of persons associated in fact	529
although not a legal entity. "Enterprise" includes illicit as well	530
as licit enterprises.	531

(D) "Innocent person" includes any bona fide purchaser of	532
property that is allegedly involved in a violation of section	533
2923.32 of the Revised Code, including any person who establishes	534
a valid claim to or interest in the property in accordance with	535
division (E) of section 2981.04 of the Revised Code, and any	536
victim of an alleged violation of that section or of any	537
underlying offense involved in an alleged violation of that	538
section.	539

(E) "Pattern of corrupt activity" means two or more incidents	540
of corrupt activity, whether or not there has been a prior	541
conviction, that are related to the affairs of the same	542
enterprise, are not isolated, and are not so closely related to	543
each other and connected in time and place that they constitute a	544
single event.	545

At least one of the incidents forming the pattern shall occur	546
on or after January 1, 1986. Unless any incident was an aggravated	547
murder or murder, the last of the incidents forming the pattern	548
shall occur within six years after the commission of any prior	549
incident forming the pattern, excluding any period of imprisonment	550
served by any person engaging in the corrupt activity.	551

For the purposes of the criminal penalties that may be	552
imposed pursuant to section 2923.32 of the Revised Code, at least	553
one of the incidents forming the pattern shall constitute a felony	554
under the laws of this state in existence at the time it was	555
committed or, if committed in violation of the laws of the United	556
States or of any other state, shall constitute a felony under the	557
law of the United States or the other state and would be a	558
criminal offense under the law of this state if committed in this	559
state.	560

(F) "Pecuniary value" means money, a negotiable instrument, a	561
commercial interest, or anything of value, as defined in section	562
1.03 of the Revised Code, or any other property or service that	563
has a value in excess of one hundred dollars.	564

(G) "Person" means any person, as defined in section 1.59 of	565
the Revised Code, and any governmental officer, employee, or	566
entity.	567

(H) "Personal property" means any personal property, any	568
interest in personal property, or any right, including, but not	569
limited to, bank accounts, debts, corporate stocks, patents, or	570
copyrights. Personal property and any beneficial interest in	571
personal property are deemed to be located where the trustee of	572
the property, the personal property, or the instrument evidencing	573
the right is located.	574

(I) "Corrupt activity" means engaging in, attempting to	575
engage in, conspiring to engage in, or soliciting, coercing, or	576
intimidating another person to engage in any of the following:	577

(1) Conduct defined as "racketeering activity" under the	578
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	579
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	580

(2) Conduct constituting any of the following:

581

(a) A violation of section 1315.55, 1322.02, 2903.01,	582
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,	583
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,	584
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	585
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05,	586
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32,	587
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division	588
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)	589
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of	590
section 1707.44; division (A)(1) or (2) of section 2923.20;	591
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or	592
4719.06; division (C), (D), or (E) of section 4719.07; section	593
4719.08; or division (A) of section 4719.09 of the Revised Code.	594

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	595
3769.19 of the Revised Code as it existed prior to July 1, 1996,	596
any violation of section 2915.02 of the Revised Code that occurs	597
on or after July 1, 1996, and that, had it occurred prior to that	598
date, would have been a violation of section 3769.11 of the	599
Revised Code as it existed prior to that date, or any violation of	600
section 2915.05 of the Revised Code that occurs on or after July	601
1, 1996, and that, had it occurred prior to that date, would have	602
been a violation of section 3769.15, 3769.16, or 3769.19 of the	603
Revised Code as it existed prior to that date.	604

(c) Any violation of section 2907.21, 2907.22, 2907.31,	605
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	606
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	607
of the Revised Code, any violation of section 2925.11 of the	608
Revised Code that is a felony of the first, second, third, or	609
fourth degree and that occurs on or after July 1, 1996, any	610
violation of section 2915.02 of the Revised Code that occurred	611
prior to July 1, 1996, any violation of section 2915.02 of the	612
Revised Code that occurs on or after July 1, 1996, and that, had	613
it occurred prior to that date, would not have been a violation of	614
section 3769.11 of the Revised Code as it existed prior to that	615
date, any violation of section 2915.06 of the Revised Code as it	616
existed prior to July 1, 1996, or any violation of division (B) of	617
section 2915.05 of the Revised Code as it exists on and after July	618
1, 1996, when the proceeds of the violation, the payments made in	619
the violation, the amount of a claim for payment or for any other	620
benefit that is false or deceptive and that is involved in the	621
violation, or the value of the contraband or other property	622
illegally possessed, sold, or purchased in the violation exceeds	623
five hundred dollars, or any combination of violations described	624
in division (I)(2)(c) of this section when the total proceeds of	625
the combination of violations, payments made in the combination of	626
violations, amount of the claims for payment or for other benefits	627
that is false or deceptive and that is involved in the combination	628
of violations, or value of the contraband or other property	629
illegally possessed, sold, or purchased in the combination of	630
violations exceeds five hundred dollars;	631

(d) Any violation of section 5743.112 of the Revised Code	632
when the amount of unpaid tax exceeds one hundred dollars;	633

(e) Any violation or combination of violations of section	634
2907.32 of the Revised Code involving any material or performance	635
containing a display of bestiality or of sexual conduct, as	636
defined in section 2907.01 of the Revised Code, that is explicit	637
and depicted with clearly visible penetration of the genitals or	638
clearly visible penetration by the penis of any orifice when the	639
total proceeds of the violation or combination of violations, the	640
payments made in the violation or combination of violations, or	641
the value of the contraband or other property illegally possessed,	642
sold, or purchased in the violation or combination of violations	643
exceeds five hundred dollars;	644

(f) Any combination of violations described in division	645
(I)(2)(c) of this section and violations of section 2907.32 of the	646
Revised Code involving any material or performance containing a	647
display of bestiality or of sexual conduct, as defined in section	648
2907.01 of the Revised Code, that is explicit and depicted with	649
clearly visible penetration of the genitals or clearly visible	650
penetration by the penis of any orifice when the total proceeds of	651
the combination of violations, payments made in the combination of	652
violations, amount of the claims for payment or for other benefits	653
that is false or deceptive and that is involved in the combination	654
of violations, or value of the contraband or other property	655
illegally possessed, sold, or purchased in the combination of	656
violations exceeds five hundred dollars.	657

(3) Conduct constituting a violation of any law of any state	658
other than this state that is substantially similar to the conduct	659
described in division (I)(2) of this section, provided the	660
defendant was convicted of the conduct in a criminal proceeding in	661
the other state;	662

(4) Animal or ecological terrorism;

663

(5)(a) Conduct constituting any of the following:

664

(i) Organized retail theft;

665

(ii) Conduct that constitutes one or more violations of any	666
law of any state other than this state, that is substantially	667
similar to organized retail theft, and that if committed in this	668
state would be organized retail theft, if the defendant was	669
convicted of or pleaded guilty to the conduct in a criminal	670
proceeding in the other state.	671

(b) By enacting division (I)(5)(a) of this section, it is the	672
intent of the general assembly to add organized retail theft and	673
the conduct described in division (I)(5)(a)(ii) of this section as	674
conduct constituting corrupt activity. The enactment of division	675
(I)(5)(a) of this section and the addition by division (I)(5)(a)	676
of this section of organized retail theft and the conduct	677
described in division (I)(5)(a)(ii) of this section as conduct	678
constituting corrupt activity does not limit or preclude, and	679
shall not be construed as limiting or precluding, any prosecution	680
for a violation of section 2923.32 of the Revised Code that is	681
based on one or more violations of section 2913.02 or 2913.51 of	682
the Revised Code, one or more similar offenses under the laws of	683
this state or any other state, or any combination of any of those	684
violations or similar offenses, even though the conduct	685
constituting the basis for those violations or offenses could be	686
construed as also constituting organized retail theft or conduct	687
of the type described in division (I)(5)(a)(ii) of this section.	688

(J) "Real property" means any real property or any interest	689
in real property, including, but not limited to, any lease of, or	690
mortgage upon, real property. Real property and any beneficial	691
interest in it is deemed to be located where the real property is	692
located.	693

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

694

(1) Any person acting as trustee under a trust in which the	695
trustee holds title to personal or real property;	696

(2) Any person who holds title to personal or real property	697
for which any other person has a beneficial interest;	698

(3) Any successor trustee.

699

"Trustee" does not include an assignee or trustee for an	700
insolvent debtor or an executor, administrator, administrator with	701
the will annexed, testamentary trustee, guardian, or committee,	702
appointed by, under the control of, or accountable to a court.	703

(L) "Unlawful debt" means any money or other thing of value	704
constituting principal or interest of a debt that is legally	705
unenforceable in this state in whole or in part because the debt	706
was incurred or contracted in violation of any federal or state	707
law relating to the business of gambling activity or relating to	708
the business of lending money at an usurious rate unless the	709
creditor proves, by a preponderance of the evidence, that the	710
usurious rate was not intentionally set and that it resulted from	711
a good faith error by the creditor, notwithstanding the	712
maintenance of procedures that were adopted by the creditor to	713
avoid an error of that nature.	714

(M) "Animal activity" means any activity that involves the	715
use of animals or animal parts, including, but not limited to,	716
hunting, fishing, trapping, traveling, camping, the production,	717
preparation, or processing of food or food products, clothing or	718
garment manufacturing, medical research, other research,	719
entertainment, recreation, agriculture, biotechnology, or service	720
activity that involves the use of animals or animal parts.	721

(N) "Animal facility" means a vehicle, building, structure,	722
nature preserve, or other premises in which an animal is lawfully	723
kept, handled, housed, exhibited, bred, or offered for sale,	724
including, but not limited to, a zoo, rodeo, circus, amusement	725
park, hunting preserve, or premises in which a horse or dog event	726
is held.	727

(O) "Animal or ecological terrorism" means the commission of	728
any felony that involves causing or creating a substantial risk of	729
physical harm to any property of another, the use of a deadly	730
weapon or dangerous ordnance, or purposely, knowingly, or	731
recklessly causing serious physical harm to property and that	732
involves an intent to obstruct, impede, or deter any person from	733
participating in a lawful animal activity, from mining, foresting,	734
harvesting, gathering, or processing natural resources, or from	735
being lawfully present in or on an animal facility or research	736
facility.	737

(P) "Research facility" means a place, laboratory,	738
institution, medical care facility, government facility, or public	739
or private educational institution in which a scientific test,	740
experiment, or investigation involving the use of animals or other	741
living organisms is lawfully carried out, conducted, or	742
attempted.	743

(Q) "Organized retail theft" means the theft of retail	744
property with a retail value of five hundred dollars or more from	745
one or more retail establishments with the intent to sell,	746
deliver, or transfer that property to a retail property fence.	747

(R) "Retail property" means any tangible personal property	748
displayed, held, stored, or offered for sale in or by a retail	749
establishment.	750

(S) "Retail property fence" means a person who possesses,	751
procures, receives, or conceals retail property that was	752
represented to the person as being stolen or that the person knows	753
or believes to be stolen.	754

(T) "Retail value" means the full retail value of the retail	755
property. In determining whether the retail value of retail	756
property equals or exceeds five hundred dollars, the value of all	757
retail property stolen from the retail establishment or retail	758
establishments by the same person or persons within any	759
one-hundred-eighty-day period shall be aggregated.	760

Section 2. That existing sections 2913.01, 2913.02, 2913.72,	761
and 2923.31 of the Revised Code are hereby repealed.	762