Sub. S. B. No. 320 As Passed by the Senate

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

(1) The interest of a person as a beneficiary under a trust	11
in which the trustee holds title to personal or real property;	12

(2) The interest of a person as a beneficiary under any other	13
trust arrangement under which any other person holds title to	14
personal or real property for the benefit of such person;	15

(3) The interest of a person under any other form of express	16
fiduciary arrangement under which any other person holds title to	17
personal or real property for the benefit of such person.	18

"Beneficial interest" does not include the interest of a	19
stockholder in a corporation or the interest of a partner in	20
either a general or limited partnership.	21

(B) "Costs of investigation and prosecution" and "costs of	22
investigation and litigation" mean all of the costs incurred by	23
the state or a county or municipal corporation under sections	24
2923.31 to 2923.36 of the Revised Code in the prosecution and	25
investigation of any criminal action or in the litigation and	26
investigation of any civil action, and includes, but is not	27
limited to, the costs of resources and personnel.	28

Section 1. That section 2923.31 of the Revised Code be	6
amended to read as follows:	7

Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the	8
Revised Code:	9

(C) "Enterprise" includes any individual, sole	29
proprietorship, partnership, limited partnership, corporation,	30
trust, union, government agency, or other legal entity, or any	31
organization, association, or group of persons associated in fact	32
although not a legal entity. "Enterprise" includes illicit as well	33
as licit enterprises.	34

(D) "Innocent person" includes any bona fide purchaser of	35
property that is allegedly involved in a violation of section	36
2923.32 of the Revised Code, including any person who establishes	37
a valid claim to or interest in the property in accordance with	38
division (E) of section 2981.04 of the Revised Code, and any	39
victim of an alleged violation of that section or of any	40
underlying offense involved in an alleged violation of that	41
section.	42

(E) "Pattern of corrupt activity" means two or more incidents	43
of corrupt activity, whether or not there has been a prior	44
conviction, that are related to the affairs of the same	45
enterprise, are not isolated, and are not so closely related to	46
each other and connected in time and place that they constitute a	47
single event.	48

At least one of the incidents forming the pattern shall occur	49
on or after January 1, 1986. Unless any incident was an aggravated	50
murder or murder, the last of the incidents forming the pattern	51
shall occur within six years after the commission of any prior	52
incident forming the pattern, excluding any period of imprisonment	53
served by any person engaging in the corrupt activity.	54

For the purposes of the criminal penalties that may be	55
imposed pursuant to section 2923.32 of the Revised Code, at least	56
one of the incidents forming the pattern shall constitute a felony	57
under the laws of this state in existence at the time it was	58
committed or, if committed in violation of the laws of the United	59
States or of any other state, shall constitute a felony under the	60
law of the United States or the other state and would be a	61
criminal offense under the law of this state if committed in this	62
state.	63

(F) "Pecuniary value" means money, a negotiable instrument, a	64
commercial interest, or anything of value, as defined in section	65
1.03 of the Revised Code, or any other property or service that	66
has a value in excess of one hundred dollars.	67

(G) "Person" means any person, as defined in section 1.59 of	68
the Revised Code, and any governmental officer, employee, or	69
entity.	70

(H) "Personal property" means any personal property, any	71
interest in personal property, or any right, including, but not	72
limited to, bank accounts, debts, corporate stocks, patents, or	73
copyrights. Personal property and any beneficial interest in	74
personal property are deemed to be located where the trustee of	75
the property, the personal property, or the instrument evidencing	76
the right is located.	77

(I) "Corrupt activity" means engaging in, attempting to	78
engage in, conspiring to engage in, or soliciting, coercing, or	79
intimidating another person to engage in any of the following:	80

(1) Conduct defined as "racketeering activity" under the	81
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	82
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	83

(a) A violation of section 1315.55, 1322.02, 2903.01,	85
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,	86
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,	87
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	88
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05,	89
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32,	90
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division	91
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)	92
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of	93
section 1707.44; division (A)(1) or (2) of section 2923.20;	94
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or	95
4719.06; division (C), (D), or (E) of section 4719.07; section	96
4719.08; or division (A) of section 4719.09 of the Revised Code.	97

(c) Any violation of section 2907.21, 2907.22, 2907.31,	108
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	109
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	110
of the Revised Code, any violation of section 2925.11 of the	111
Revised Code that is a felony of the first, second, third, or	112
fourth degree and that occurs on or after July 1, 1996, any	113
violation of section 2915.02 of the Revised Code that occurred	114
prior to July 1, 1996, any violation of section 2915.02 of the	115
Revised Code that occurs on or after July 1, 1996, and that, had	116
it occurred prior to that date, would not have been a violation of	117
section 3769.11 of the Revised Code as it existed prior to that	118
date, any violation of section 2915.06 of the Revised Code as it	119
existed prior to July 1, 1996, or any violation of division (B) of	120
section 2915.05 of the Revised Code as it exists on and after July	121
1, 1996, when the proceeds of the violation, the payments made in	122
the violation, the amount of a claim for payment or for any other	123
benefit that is false or deceptive and that is involved in the	124
violation, or the value of the contraband or other property	125
illegally possessed, sold, or purchased in the violation exceeds	126
five hundred dollars, or any combination of violations described	127
in division (I)(2)(c) of this section when the total proceeds of	128
the combination of violations, payments made in the combination of	129
violations, amount of the claims for payment or for other benefits	130
that is false or deceptive and that is involved in the combination	131
of violations, or value of the contraband or other property	132
illegally possessed, sold, or purchased in the combination of	133
violations exceeds five hundred dollars;	134

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	98
3769.19 of the Revised Code as it existed prior to July 1, 1996,	99
any violation of section 2915.02 of the Revised Code that occurs	100
on or after July 1, 1996, and that, had it occurred prior to that	101
date, would have been a violation of section 3769.11 of the	102
Revised Code as it existed prior to that date, or any violation of	103
section 2915.05 of the Revised Code that occurs on or after July	104
1, 1996, and that, had it occurred prior to that date, would have	105
been a violation of section 3769.15, 3769.16, or 3769.19 of the	106
Revised Code as it existed prior to that date.	107

(d) Any violation of section 5743.112 of the Revised Code	135
when the amount of unpaid tax exceeds one hundred dollars;	136

(e) Any violation or combination of violations of section	137
2907.32 of the Revised Code involving any material or performance	138
containing a display of bestiality or of sexual conduct, as	139
defined in section 2907.01 of the Revised Code, that is explicit	140
and depicted with clearly visible penetration of the genitals or	141
clearly visible penetration by the penis of any orifice when the	142
total proceeds of the violation or combination of violations, the	143
payments made in the violation or combination of violations, or	144
the value of the contraband or other property illegally possessed,	145
sold, or purchased in the violation or combination of violations	146
exceeds five hundred dollars;	147

(f) Any combination of violations described in division	148
(I)(2)(c) of this section and violations of section 2907.32 of the	149
Revised Code involving any material or performance containing a	150
display of bestiality or of sexual conduct, as defined in section	151
2907.01 of the Revised Code, that is explicit and depicted with	152
clearly visible penetration of the genitals or clearly visible	153
penetration by the penis of any orifice when the total proceeds of	154
the combination of violations, payments made in the combination of	155
violations, amount of the claims for payment or for other benefits	156
that is false or deceptive and that is involved in the combination	157
of violations, or value of the contraband or other property	158
illegally possessed, sold, or purchased in the combination of	159
violations exceeds five hundred dollars.	160

(3) Conduct constituting a violation of any law of any state	161
other than this state that is substantially similar to the conduct	162
described in division (I)(2) of this section, provided the	163
defendant was convicted of the conduct in a criminal proceeding in	164
the other state;	165

(ii) Conduct that constitutes one or more violations of any	169
law of any state other than this state, that is substantially	170
similar to organized retail theft, and that if committed in this	171
state would be organized retail theft, if the defendant was	172
convicted of or pleaded guilty to the conduct in a criminal	173
proceeding in the other state.	174

(b) By enacting division (I)(5)(a) of this section, it is the	175
intent of the general assembly to add organized retail theft and	176
the conduct described in division (I)(5)(a)(ii) of this section as	177
conduct constituting corrupt activity. The enactment of division	178
(I)(5)(a) of this section and the addition by division (I)(5)(a)	179
of this section of organized retail theft and the conduct	180
described in division (I)(5)(a)(ii) of this section as conduct	181
constituting corrupt activity does not limit or preclude, and	182
shall not be construed as limiting or precluding, any prosecution	183
for a violation of section 2923.32 of the Revised Code that is	184
based on one or more violations of section 2913.02 or 2913.51 of	185
the Revised Code, one or more similar offenses under the laws of	186
this state or any other state, or any combination of any of those	187
violations or similar offenses, even though the conduct	188
constituting the basis for those violations or offenses could be	189
construed as also constituting organized retail theft or conduct	190
of the type described in division (I)(5)(a)(ii) of this section.	191

(J) "Real property" means any real property or any interest	192
in real property, including, but not limited to, any lease of, or	193
mortgage upon, real property. Real property and any beneficial	194
interest in it is deemed to be located where the real property is	195
located.	196

(1) Any person acting as trustee under a trust in which the	198
trustee holds title to personal or real property;	199

(2) Any person who holds title to personal or real property	200
for which any other person has a beneficial interest;	201

"Trustee" does not include an assignee or trustee for an	203
insolvent debtor or an executor, administrator, administrator with	204
the will annexed, testamentary trustee, guardian, or committee,	205
appointed by, under the control of, or accountable to a court.	206

(L) "Unlawful debt" means any money or other thing of value	207
constituting principal or interest of a debt that is legally	208
unenforceable in this state in whole or in part because the debt	209
was incurred or contracted in violation of any federal or state	210
law relating to the business of gambling activity or relating to	211
the business of lending money at an usurious rate unless the	212
creditor proves, by a preponderance of the evidence, that the	213
usurious rate was not intentionally set and that it resulted from	214
a good faith error by the creditor, notwithstanding the	215
maintenance of procedures that were adopted by the creditor to	216
avoid an error of that nature.	217

(M) "Animal activity" means any activity that involves the	218
use of animals or animal parts, including, but not limited to,	219
hunting, fishing, trapping, traveling, camping, the production,	220
preparation, or processing of food or food products, clothing or	221
garment manufacturing, medical research, other research,	222
entertainment, recreation, agriculture, biotechnology, or service	223
activity that involves the use of animals or animal parts.	224

(N) "Animal facility" means a vehicle, building, structure,	225
nature preserve, or other premises in which an animal is lawfully	226
kept, handled, housed, exhibited, bred, or offered for sale,	227
including, but not limited to, a zoo, rodeo, circus, amusement	228
park, hunting preserve, or premises in which a horse or dog event	229
is held.	230

(O) "Animal or ecological terrorism" means the commission of	231
any felony that involves causing or creating a substantial risk of	232
physical harm to any property of another, the use of a deadly	233
weapon or dangerous ordnance, or purposely, knowingly, or	234
recklessly causing serious physical harm to property and that	235
involves an intent to obstruct, impede, or deter any person from	236
participating in a lawful animal activity, from mining, foresting,	237
harvesting, gathering, or processing natural resources, or from	238
being lawfully present in or on an animal facility or research	239
facility.	240

(P) "Research facility" means a place, laboratory,	241
institution, medical care facility, government facility, or public	242
or private educational institution in which a scientific test,	243
experiment, or investigation involving the use of animals or other	244
living organisms is lawfully carried out, conducted, or	245
attempted.	246

(Q) "Organized retail theft" means the theft of retail	247
property with a retail value of five hundred dollars or more from	248
one or more retail establishments with the intent to sell,	249
deliver, or transfer that property to a retail property fence.	250

(R) "Retail property" means any tangible personal property	251
displayed, held, stored, or offered for sale in or by a retail	252
establishment.	253

(S) "Retail property fence" means a person who possesses,	254
procures, receives, or conceals retail property that was	255
represented to the person as being stolen or that the person knows	256
or believes to be stolen.	257

(T) "Retail value" means the full retail value of the retail	258
property. In determining whether the retail value of retail	259
property equals or exceeds five hundred dollars, the value of all	260
retail property stolen from the retail establishment or retail	261
establishments by the same person or persons within any	262
one-hundred-eighty-day period shall be aggregated.	263