S. B. No. 292 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

S. B. No. 292

Senator Bacon

A BILL

To amend sections 9.02, 109.08, 109.081, 109.521,

109.57, 109.572, 109.578, 109.60, 109.85, 109.86,

1331.01, 1331.04, 1331.99, 1345.02, 1345.03,

1345.031, 1345.05, 1345.06, 1345.07, 1345.21,

1345.22, 1345.23, 1345.24, 1345.43, 1345.44,

2151.419, 2743.191, 2743.56, 2743.71, 2746.02,

2901.01, 2923.02, 2923.31, 2923.32, 2953.32,

2981.13, and 5302.221; to enact sections 9.28,

1331.17, and 2945.63; and to repeal section

1331.05 of the Revised Code to make various

changes to the laws governing the duties and

function of the Attorney General.

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

Section 1. That sections 9.02, 109.08, 109.081, 109.521,	13
109.57, 109.572, 109.578, 109.60, 109.85, 109.86, 1331.01,	14
1331.04, 1331.99, 1345.02, 1345.03, 1345.031, 1345.05, 1345.06,	15
1345.07, 1345.21, 1345.22, 1345.23, 1345.24, 1345.43, 1345.44,	16
2151.419, 2743.191, 2743.56, 2743.71, 2746.02, 2901.01, 2923.02,	17
2923.31, 2923.32, 2953.32, 2981.13, and 5302.221 be amended and	18
sections 9.28, 1331.17, and 2945.63 of the Revised Code be enacted	19
to read as follows:	20

Sec. 9.02. (A) As used in this section:

(1) "Customer" means any person or authorized representative	22
of that person who has maintained or is maintaining an account or	23
deposit of any type, or has utilized or is utilizing any service	24
of a financial institution, or for whom a financial institution	25
has acted or is acting as a fiduciary in relation to an account or	26
deposit maintained in the person's name.	27

(2) "Governmental authority" includes the state, any	28
political subdivision, district, or court, and any agency,	29
department, officer, or authorized employee of any of those	30
entities.	31

(3) "Financial institution" means any bank, building and loan	32
association, trust company, credit union, licensee as defined in	33
section 1321.01, or registrant as defined in section 1321.51 of	34
the Revised Code.	35

(4) "Financial record" means any record, including statements	36
or receipts, and checks, drafts, or similar instruments, or	37
information derived from such record, that is maintained by a	38
financial institution and that pertains to a deposit or account of	39
a customer, a service of the financial institution utilized by a	40
customer, or any other relationship between a customer and the	41
financial institution.	42

(5) "Supervisory review" means any examination of or other	43
supervisory action with respect to a financial institution, where	44
such examination or action is conducted or taken pursuant to	45
authority granted under the Revised Code, or rules promulgated	46
pursuant thereto by the agency having regulatory jurisdiction over	47
such institution.	48

(B) Any party, including a governmental authority, that	49
requires or requests a financial institution to assemble or	50
provide a customer's financial records in connection with any	51
investigation, action, or proceeding shall pay the financial	52
institution for all actual and necessary costs directly incurred	53
in searching for, reproducing, or transporting these records, if	54
the financial institution is not a party to the investigation,	55
action, or proceeding, is not a subject of supervisory review in	56
the investigation, action, or proceeding, or is a party to the	57
investigation, action, or proceeding solely by reason of its	58
holding of assets of another party defendant, with no cause of	59
action alleged against the financial institution. This payment	60
shall be made to the financial institution promptly, whether or	61
not the financial records are entered into evidence. If the	62
records are produced pursuant to a court order or subpoena duces	63
tecum, the party requesting the order or subpoena is responsible	64
for making the payment. With respect to any judicial or	65
administrative proceeding for which the records are requested,	66
payment of these costs shall be in addition to any witness fees.	67

(C) The rates and conditions for making payments required by	68
division (B) of this section shall be established by rule by the	69
superintendent of financial institutions. To the extent that they	70
are applicable, such respective rules shall be substantially like	71
those adopted by the board of governors of the federal reserve	72
system to regulate similar fees required by the "Right to	73
Financial Privacy Act of 1978," 92 Stat. 3708, 12 U.S.C.A. 3415.	74

(D)(1) This section is not intended to expand, limit, or	75
otherwise affect any authority granted under federal law or the	76
law of this state to any party, including a governmental	77
authority, to procure, request, or require a customer's financial	78
records. This section does not apply to investigations or	79
examinations conducted under authority granted by Chapter 169.,	80
1707., 3737., or 4735. of the Revised Code.	81

(2) Division (B) of this section does not apply to financial	82
records required to be assembled or provided pursuant to a	83
subpoena, demand for production, request for records, or demand	84
for inspection issued by or on motion of the attorney general or	85
the organized crime investigations commission, to a subpoena	86
issued by or on motion of a prosecuting attorney who has probable	87
cause to believe that a crime has been committed, or to a subpoena	88
issued by a grand jury, if all of the following apply:	89

(a) The financial records or copies of the financial records	90
are subpoenaed for purposes of a criminal investigation or	91
prosecution;	92

(b) The subpoena is delivered to the financial institution at	93
least ten days before the records are to be provided;	94

(c) The subpoena identifies individual items to be provided	95
or is for statements of the customer's account for a specified	96
period of time but only as is relevant to the possible crime being	97
investigated.	98

If any financial record assembled or provided by a financial	99
institution pursuant to such a subpoena or any information derived	100
from the financial record is introduced as evidence in any	101
criminal trial and if any nonindigent defendant is convicted of an	102
offense at that trial, the trial court shall charge against the	103
defendant, as a cost of prosecution, all actual and necessary	104
costs directly incurred by the financial institution in searching	105
for, reproducing, or transporting the financial records provided	106
the financial institution is not a defendant at the trial. A	107
defendant against whom costs are charged pursuant to this division	108
shall pay the costs to the court which shall forward the payment	109
to the financial institution. For purposes of this division, the	110
trial court shall determine whether a defendant is indigent. The	111
rates of payment established by rule pursuant to division (C) of	112
this section shall be used by the trial court in charging costs	113
under this division.	114

(E) Notwithstanding division (D) of this section, in any	115
proceeding, action, or investigation that involves an alleged	116
violation of section 2921.02, 2921.41, 2921.42, or 2921.43 of the	117
Revised Code, that either involves a property interest of the	118
state or occurred within the scope of state employment or during	119
the performance of a state public official's or state public	120
servant's duties, and in which a financial institution is required	121
or requested to assemble or provide financial records, the	122
financial institution has a right of reimbursement from the state	123
treasury for all actual and necessary costs incurred in searching	124
for, reproducing, or transporting the financial records, at the	125
rates established by rule under division (C) of this section. The	126
reimbursement shall be made only if the financial institution is	127
not a party to, or subject of the investigation, action, or	128
proceeding, or is a party to the investigation, action, or	129
proceeding solely by reason of its holding assets of another party	130
defendant, with no cause of action alleged against the financial	131
institution, and only if the financial institution has not acted	132
negligently in the management of the deposit, account, service, or	133
other relationship to which those financial records pertain. The	134
reimbursement shall be made promptly, whether or not the financial	135
records are entered into evidence. As used in this division,	136
"state" means only the state of Ohio and does not include any	137
political subdivision.	138

Sec. 9.28. (A) As used in this section:

139

"Competitive solicitation" means a request for proposal or	140
any other solicitation or announcement by a public office	141
requiring bids or proposals for the provision of goods or services	142
to that office.	143

"Public office" includes any state agency, public	144
institution, political subdivision, or other organized body,	145
office, agency, institution, or entity established by the laws of	146
this state for the exercise of any function of government. "Public	147
office" does not include the nonprofit corporation formed under	148
section 187.01 of the Revised Code.	149

"State agency" includes every department, bureau, board,	150
commission, office, or other organized body established by the	151
constitution and laws of this state for the exercise of any	152
function of state government, including any state-supported	153
institution of higher education, the general assembly, any	154
legislative agency, any court or judicial agency, or any political	155
subdivision or agency of a political subdivision. "State agency"	156
does not include the nonprofit corporation formed under section	157
187.01 of the Revised Code.	158

(B) Except as provided in division (C) of this section,	159
materials submitted to a public office in response to a	160
competitive solicitation shall be considered public records for	161
purposes of section 149.43 of the Revised Code at the earlier of	162
the following dates:	163

(1) The date the public office announces the award of a	164
contract based on the competitive solicitation;	165

(2) One hundred eighty days after either of the following	166
dates, whichever is applicable:	167

(a) The date the public office opened the bids;

168

(b) The end date of the request for proposal period.

169

(C) If a public office rejects all bids or proposals received	170
in response to a competitive solicitation and, concurrently with	171
the announcement of the rejection gives notice of its intent to	172
reissue the solicitation, the materials submitted in response to	173
the original competitive solicitation and the materials submitted	174
in response to the reissued competitive solicitation shall be	175
considered public records at the earlier of the following dates:	176

(1) The date the public office announces the award of a	177
contract based on the reissued competitive solicitation;	178

(2) The date that is twelve months after either of the	179
following dates, whichever is applicable:	180

(a) The date the public office opened the original bids;

181

(b) The end date of the original request for proposal period.

182

Sec. 109.08. The attorney general may appoint special	183
counsel to represent the state in connection with all claims of	184
whatsoever nature which are certified to the attorney general for	185
collection under any law or which the attorney general is	186
authorized to collect.	187

Such special counsel shall be paid for their services from	188
funds collected by them in an amount approved by the attorney	189
general. The amounts paid may be assessed as collection costs	190
consistent with section 131.02 of the Revised Code and shall be	191
fully recoverable from the debtor.	192

The attorney general ~~shall~~is authorized to provide to the	193
special counsel appointed to represent the state in connection	194
with claims arising out of Chapters 5733., 5739., 5741., and 5747.	195
of the Revised Code, and amounts certified to the attorney general	196
for collection under section 131.02 of the Revised Code, the	197
official letterhead stationery of the attorney general. The	198
attorney general may authorize the special counsel ~~shall~~	199
appointed to represent the state to use the letterhead stationery,	200
~~but only~~ in connection with the collection of ~~such~~the claims	201
~~arising out of those taxes~~of the state, including its agencies,	202
boards, commissions, and political subdivisions with respect to	203
debt certified to the attorney general under any provision of the	204
Revised Code.	205

Sec. 109.081. UpThe attorney general may retain up to	206
eleven per cent of all amounts collected by the attorney general,	207
~~whether by~~ employees or agents of the attorney general, or by	208
special counsel pursuant to section 109.08 of the Revised Code, on	209
claims due the state, or may assess a collection cost of up to	210
eleven per cent of claims certified to the attorney general for	211
collection. The attorney general, after consultation with the	212
director of budget and management, shall determine the exact	213
percentage that may be retained under this section. A collection	214
cost under this section shall be assessed as a collection cost	215
consistent with section 131.02 of the Revised Code, shall be	216
collected in an amount and manner determined by the attorney	217
general, and is fully recoverable from the debtor. All amounts	218
retained or collected under this section shall be paid into the	219
state treasury to the credit of the attorney general claims fund,	220
which is hereby created. ~~The attorney general, after consultation~~	221
~~with the director of budget and management, shall determine the~~	222
~~exact percentage of those collected amounts that shall be paid~~	223
~~into the state treasury to the credit of the fund.~~ The fund shall	224
be used for the payment of expenses incurred by the office of the	225
attorney general.	226

Sec. 109.521. There is hereby created in the state treasury	227
the bureau of criminal identification and investigation asset	228
forfeiture and cost reimbursement fund. All amounts awarded to the	229
bureau of criminal identification and investigation as a result of	230
shared federal and state asset forfeiture and state and local	231
moneys designated as restitution for reimbursement of the costs of	232
investigations and all amounts received by the bureau under	233
section 2981.13 of the Revised Code shall be deposited into this	234
fund. The moneys in this fund shall be used in accordance with	235
federal and state asset forfeiture rules, regulations, and laws.	236
Interest earned on the money in this fund shall be credited to the	237
fund.	238

Sec. 109.57. (A)(1) The superintendent of the bureau of	239
criminal identification and investigation shall procure from	240
wherever procurable and file for record photographs, pictures,	241
descriptions, fingerprints, measurements, and other information	242
that may be pertinent of all persons who have been convicted of	243
committing within this state a felony, any crime constituting a	244
misdemeanor on the first offense and a felony on subsequent	245
offenses, or any misdemeanor described in division (A)(1)(a),	246
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	247
all children under eighteen years of age who have been adjudicated	248
delinquent children for committing within this state an act that	249
would be a felony or an offense of violence if committed by an	250
adult or who have been convicted of or pleaded guilty to	251
committing within this state a felony or an offense of violence,	252
and of all well-known and habitual criminals. The person in charge	253
of any county, multicounty, municipal, municipal-county, or	254
multicounty-municipal jail or workhouse, community-based	255
correctional facility, halfway house, alternative residential	256
facility, or state correctional institution and the person in	257
charge of any state institution having custody of a person	258
suspected of having committed a felony, any crime constituting a	259
misdemeanor on the first offense and a felony on subsequent	260
offenses, or any misdemeanor described in division (A)(1)(a),	261
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	262
having custody of a child under eighteen years of age with respect	263
to whom there is probable cause to believe that the child may have	264
committed an act that would be a felony or an offense of violence	265
if committed by an adult shall furnish such material to the	266
superintendent of the bureau. Fingerprints, photographs, or other	267
descriptive information of a child who is under eighteen years of	268
age, has not been arrested or otherwise taken into custody for	269
committing an act that would be a felony or an offense of violence	270
who is not in any other category of child specified in this	271
division, if committed by an adult, has not been adjudicated a	272
delinquent child for committing an act that would be a felony or	273
an offense of violence if committed by an adult, has not been	274
convicted of or pleaded guilty to committing a felony or an	275
offense of violence, and is not a child with respect to whom there	276
is probable cause to believe that the child may have committed an	277
act that would be a felony or an offense of violence if committed	278
by an adult shall not be procured by the superintendent or	279
furnished by any person in charge of any county, multicounty,	280
municipal, municipal-county, or multicounty-municipal jail or	281
workhouse, community-based correctional facility, halfway house,	282
alternative residential facility, or state correctional	283
institution, except as authorized in section 2151.313 of the	284
Revised Code.	285

(2) Every clerk of a court of record in this state, other	286
than the supreme court or a court of appeals, shall send to the	287
superintendent of the bureau a weekly report containing a summary	288
of each case involving a felony, involving any crime constituting	289
a misdemeanor on the first offense and a felony on subsequent	290
offenses, involving a misdemeanor described in division (A)(1)(a),	291
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	292
involving an adjudication in a case in which a child under	293
eighteen years of age was alleged to be a delinquent child for	294
committing an act that would be a felony or an offense of violence	295
if committed by an adult. The clerk of the court of common pleas	296
shall include in the report and summary the clerk sends under this	297
division all information described in divisions (A)(2)(a) to (f)	298
of this section regarding a case before the court of appeals that	299
is served by that clerk. The summary shall be written on the	300
standard forms furnished by the superintendent pursuant to	301
division (B) of this section and shall include the following	302
information:	303

(a) The incident tracking number contained on the standard	304
forms furnished by the superintendent pursuant to division (B) of	305
this section;	306

(b) The style and number of the case;

307

308

(d) The date that the person was convicted of or pleaded	309
guilty to the offense, adjudicated a delinquent child for	310
committing the act that would be a felony or an offense of	311
violence if committed by an adult, found not guilty of the	312
offense, or found not to be a delinquent child for committing an	313
act that would be a felony or an offense of violence if committed	314
by an adult, the date of an entry dismissing the charge, an entry	315
declaring a mistrial of the offense in which the person is	316
discharged, an entry finding that the person or child is not	317
competent to stand trial, or an entry of a nolle prosequi, or the	318
date of any other determination that constitutes final resolution	319
of the case;	320

(e) A statement of the original charge with the section of	321
the Revised Code that was alleged to be violated;	322

(f) If the person or child was convicted, pleaded guilty, or	323
was adjudicated a delinquent child, the sentence or terms of	324
probation imposed or any other disposition of the offender or the	325
delinquent child.	326

If the offense involved the disarming of a law enforcement	327
officer or an attempt to disarm a law enforcement officer, the	328
clerk shall clearly state that fact in the summary, and the	329
superintendent shall ensure that a clear statement of that fact is	330
placed in the bureau's records.	331

(3) The superintendent shall cooperate with and assist	332
sheriffs, chiefs of police, and other law enforcement officers in	333
the establishment of a complete system of criminal identification	334
and in obtaining fingerprints and other means of identification of	335
all persons arrested on a charge of a felony, any crime	336
constituting a misdemeanor on the first offense and a felony on	337
subsequent offenses, or a misdemeanor described in division	338
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	339
Revised Code and of all children under eighteen years of age	340
arrested or otherwise taken into custody for committing an act	341
that would be a felony or an offense of violence if committed by	342
an adult. The superintendent also shall file for record the	343
fingerprint impressions of all persons confined in a county,	344
multicounty, municipal, municipal-county, or multicounty-municipal	345
jail or workhouse, community-based correctional facility, halfway	346
house, alternative residential facility, or state correctional	347
institution for the violation of state laws and of all children	348
under eighteen years of age who are confined in a county,	349
multicounty, municipal, municipal-county, or multicounty-municipal	350
jail or workhouse, community-based correctional facility, halfway	351
house, alternative residential facility, or state correctional	352
institution or in any facility for delinquent children for	353
committing an act that would be a felony or an offense of violence	354
if committed by an adult, and any other information that the	355
superintendent may receive from law enforcement officials of the	356
state and its political subdivisions.	357

(4) The superintendent shall carry out Chapter 2950. of the	358
Revised Code with respect to the registration of persons who are	359
convicted of or plead guilty to a sexually oriented offense or a	360
child-victim oriented offense and with respect to all other duties	361
imposed on the bureau under that chapter.	362

(5) The bureau shall perform centralized recordkeeping	363
functions for criminal history records and services in this state	364
for purposes of the national crime prevention and privacy compact	365
set forth in section 109.571 of the Revised Code and is the	366
criminal history record repository as defined in that section for	367
purposes of that compact. The superintendent or the	368
superintendent's designee is the compact officer for purposes of	369
that compact and shall carry out the responsibilities of the	370
compact officer specified in that compact.	371

(6) The superintendent shall, upon request, assist a county	372
coroner in the identification of a deceased person through the use	373
of fingerprint impressions obtained pursuant to division (A)(1) of	374
this section or collected pursuant to section 109.572 or 311.41 of	375
the Revised Code.	376

(B) The superintendent shall prepare and furnish to every	377
county, multicounty, municipal, municipal-county, or	378
multicounty-municipal jail or workhouse, community-based	379
correctional facility, halfway house, alternative residential	380
facility, or state correctional institution and to every clerk of	381
a court in this state specified in division (A)(2) of this section	382
standard forms for reporting the information required under	383
division (A) of this section. The standard forms that the	384
superintendent prepares pursuant to this division may be in a	385
tangible format, in an electronic format, or in both tangible	386
formats and electronic formats.	387

(C)(1) The superintendent may operate a center for	388
electronic, automated, or other data processing for the storage	389
and retrieval of information, data, and statistics pertaining to	390
criminals and to children under eighteen years of age who are	391
adjudicated delinquent children for committing an act that would	392
be a felony or an offense of violence if committed by an adult,	393
criminal activity, crime prevention, law enforcement, and criminal	394
justice, and may establish and operate a statewide communications	395
network to be known as the Ohio law enforcement gateway to gather	396
and disseminate information, data, and statistics for the use of	397
law enforcement agencies and for other uses specified in this	398
division. The superintendent may gather, store, retrieve, and	399
disseminate information, data, and statistics that pertain to	400
children who are under eighteen years of age and that are gathered	401
pursuant to sections 109.57 to 109.61 of the Revised Code together	402
with information, data, and statistics that pertain to adults and	403
that are gathered pursuant to those sections.	404

(2) The superintendent or the superintendent's designee shall	405
gather information of the nature described in division (C)(1) of	406
this section that pertains to the offense and delinquency history	407
of a person who has been convicted of, pleaded guilty to, or been	408
adjudicated a delinquent child for committing a sexually oriented	409
offense or a child-victim oriented offense for inclusion in the	410
state registry of sex offenders and child-victim offenders	411
maintained pursuant to division (A)(1) of section 2950.13 of the	412
Revised Code and in the internet database operated pursuant to	413
division (A)(13) of that section and for possible inclusion in the	414
internet database operated pursuant to division (A)(11) of that	415
section.	416

(3) In addition to any other authorized use of information,	417
data, and statistics of the nature described in division (C)(1) of	418
this section, the superintendent or the superintendent's designee	419
may provide and exchange the information, data, and statistics	420
pursuant to the national crime prevention and privacy compact as	421
described in division (A)(5) of this section.	422

(4) The attorney general may adopt rules under Chapter 119.	423
of the Revised Code establishing guidelines for the operation of	424
and participation in the Ohio law enforcement gateway. The rules	425
may include criteria for granting and restricting access to	426
information gathered and disseminated through the Ohio law	427
enforcement gateway. The attorney general shall permit the state	428
medical board and board of nursing to access and view, but not	429
alter, information gathered and disseminated through the Ohio law	430
enforcement gateway.	431

The attorney general may appoint a steering committee to	432
advise the attorney general in the operation of the Ohio law	433
enforcement gateway that is comprised of persons who are	434
representatives of the criminal justice agencies in this state	435
that use the Ohio law enforcement gateway and is chaired by the	436
superintendent or the superintendent's designee.	437

(D)(1) The following are not public records under section	438
149.43 of the Revised Code:	439

(a) Information and materials furnished to the superintendent	440
pursuant to division (A) of this section;	441

(b) Information, data, and statistics gathered or	442
disseminated through the Ohio law enforcement gateway pursuant to	443
division (C)(1) of this section;	444

(c) Information and materials furnished to any board or	445
person under division (F) or (G) of this section.	446

(2) The superintendent or the superintendent's designee shall	447
gather and retain information so furnished under division (A) of	448
this section that pertains to the offense and delinquency history	449
of a person who has been convicted of, pleaded guilty to, or been	450
adjudicated a delinquent child for committing a sexually oriented	451
offense or a child-victim oriented offense for the purposes	452
described in division (C)(2) of this section.	453

(E)(1) The attorney general shall adopt rules, in accordance	454
with Chapter 119. of the Revised Code and subject to division	455
(E)(2) of this section, setting forth the procedure by which a	456
person may receive or release information gathered by the	457
superintendent pursuant to division (A) of this section. A	458
reasonable fee may be charged for this service. If a temporary	459
employment service submits a request for a determination of	460
whether a person the service plans to refer to an employment	461
position has been convicted of or pleaded guilty to an offense	462
listed or described in division (A)(1), (2), or (3) of section	463
109.572 of the Revised Code, the request shall be treated as a	464
single request and only one fee shall be charged.	465

(2) Except as otherwise provided in this division or division	466
(E)(3) of this section, a rule adopted under division (E)(1) of	467
this section may provide only for the release of information	468
gathered pursuant to division (A) of this section that relates to	469
the conviction of a person, or a person's plea of guilty to, a	470
criminal offense or to the arrest of a person as provided in	471
division (E)(3) of this section. The superintendent shall not	472
release, and the attorney general shall not adopt any rule under	473
division (E)(1) of this section that permits the release of, any	474
information gathered pursuant to division (A) of this section that	475
relates to an adjudication of a child as a delinquent child, or	476
that relates to a criminal conviction of a person under eighteen	477
years of age if the person's case was transferred back to a	478
juvenile court under division (B)(2) or (3) of section 2152.121 of	479
the Revised Code and the juvenile court imposed a disposition or	480
serious youthful offender disposition upon the person under either	481
division, unless either of the following applies with respect to	482
the adjudication or conviction:	483

(a) The adjudication or conviction was for a violation of	484
section 2903.01 or 2903.02 of the Revised Code.	485

(b) The adjudication or conviction was for a sexually	486
oriented offense, the juvenile court was required to classify the	487
child a juvenile offender registrant for that offense under	488
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	489
classification has not been removed.	490

(3) A rule adopted under division (E)(1) of this section may	491
provide for the release of information gathered pursuant to	492
division (A) of this section that relates to the arrest of a	493
person when the release is pursuant to a criminal records check	494
requested with respect to the person for purposes of potential	495
employment with a law enforcement agency and either of the	496
following applies:	497

(a) A criminal action resulting from the arrest is pending.

498

(b) The bureau cannot reasonably determine whether there has	499
been a final disposition made of a criminal action resulting from	500
the arrest.	501

(F)(1) As used in division (F)(2) of this section, "head	502
start agency" means an entity in this state that has been approved	503
to be an agency for purposes of subchapter II of the "Community	504
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	505
as amended.	506

(2)(a) In addition to or in conjunction with any request that	507
is required to be made under section 109.572, 2151.86, 3301.32,	508
3301.541, division (C) of section 3310.58, or section 3319.39,	509
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	510
5153.111 of the Revised Code or that is made under section	511
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	512
board of education of any school district; the director of	513
developmental disabilities; any county board of developmental	514
disabilities; any provider or subcontractor as defined in section	515
5123.081 of the Revised Code; the chief administrator of any	516
chartered nonpublic school; the chief administrator of a	517
registered private provider that is not also a chartered nonpublic	518
school; the chief administrator of any home health agency; the	519
chief administrator of or person operating any child day-care	520
center, type A family day-care home, or type B family day-care	521
home licensed under Chapter 5104. of the Revised Code; the chief	522
administrator of any head start agency; the executive director of	523
a public children services agency; a private company described in	524
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised	525
Code; or an employer described in division (J)(2) of section	526
3327.10 of the Revised Code may request that the superintendent of	527
the bureau investigate and determine, with respect to any	528
individual who has applied for employment in any position after	529
October 2, 1989, or any individual wishing to apply for employment	530
with a board of education may request, with regard to the	531
individual, whether the bureau has any information gathered under	532
division (A) of this section that pertains to that individual. On	533
receipt of the request, subject to division (E)(2) of this	534
section, the superintendent shall determine whether that	535
information exists and, upon request of the person, board, or	536
entity requesting information, also shall request from the federal	537
bureau of investigation any criminal records it has pertaining to	538
that individual. The superintendent or the superintendent's	539
designee also may request criminal history records from other	540
states or the federal government pursuant to the national crime	541
prevention and privacy compact set forth in section 109.571 of the	542
Revised Code. Within thirty days of the date that the	543
superintendent receives a request, subject to division (E)(2) of	544
this section, the superintendent shall send to the board, entity,	545
or person a report of any information that the superintendent	546
determines exists, including information contained in records that	547
have been sealed under section 2953.32 of the Revised Code, and,	548
within thirty days of its receipt, subject to division (E)(2) of	549
this section, shall send the board, entity, or person a report of	550
any information received from the federal bureau of investigation,	551
other than information the dissemination of which is prohibited by	552
federal law.	553

(b) When a board of education or a registered private	554
provider is required to receive information under this section as	555
a prerequisite to employment of an individual pursuant to division	556
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	557
may accept a certified copy of records that were issued by the	558
bureau of criminal identification and investigation and that are	559
presented by an individual applying for employment with the	560
district in lieu of requesting that information itself. In such a	561
case, the board shall accept the certified copy issued by the	562
bureau in order to make a photocopy of it for that individual's	563
employment application documents and shall return the certified	564
copy to the individual. In a case of that nature, a district or	565
provider only shall accept a certified copy of records of that	566
nature within one year after the date of their issuance by the	567
bureau.	568

(c) Notwithstanding division (F)(2)(a) of this section, in	569
the case of a request under section 3319.39, 3319.391, or 3327.10	570
of the Revised Code only for criminal records maintained by the	571
federal bureau of investigation, the superintendent shall not	572
determine whether any information gathered under division (A) of	573
this section exists on the person for whom the request is made.	574

(3) The state board of education may request, with respect to	575
any individual who has applied for employment after October 2,	576
1989, in any position with the state board or the department of	577
education, any information that a school district board of	578
education is authorized to request under division (F)(2) of this	579
section, and the superintendent of the bureau shall proceed as if	580
the request has been received from a school district board of	581
education under division (F)(2) of this section.	582

(4) When the superintendent of the bureau receives a request	583
for information under section 3319.291 of the Revised Code, the	584
superintendent shall proceed as if the request has been received	585
from a school district board of education and shall comply with	586
divisions (F)(2)(a) and (c) of this section.	587

(5) When a recipient of a classroom reading improvement grant	588
paid under section 3301.86 of the Revised Code requests, with	589
respect to any individual who applies to participate in providing	590
any program or service funded in whole or in part by the grant,	591
the information that a school district board of education is	592
authorized to request under division (F)(2)(a) of this section,	593
the superintendent of the bureau shall proceed as if the request	594
has been received from a school district board of education under	595
division (F)(2)(a) of this section.	596

(G) In addition to or in conjunction with any request that is	597
required to be made under section 3701.881, 3712.09, or 3721.121	598
of the Revised Code with respect to an individual who has applied	599
for employment in a position that involves providing direct care	600
to an older adult or adult resident, the chief administrator of a	601
home health agency, hospice care program, home licensed under	602
Chapter 3721. of the Revised Code, or adult day-care program	603
operated pursuant to rules adopted under section 3721.04 of the	604
Revised Code may request that the superintendent of the bureau	605
investigate and determine, with respect to any individual who has	606
applied after January 27, 1997, for employment in a position that	607
does not involve providing direct care to an older adult or adult	608
resident, whether the bureau has any information gathered under	609
division (A) of this section that pertains to that individual.	610

In addition to or in conjunction with any request that is	611
required to be made under section 173.27 of the Revised Code with	612
respect to an individual who has applied for employment in a	613
position that involves providing ombudsman services to residents	614
of long-term care facilities or recipients of community-based	615
long-term care services, the state long-term care ombudsman, the	616
director of aging, a regional long-term care ombudsman program, or	617
the designee of the ombudsman, director, or program may request	618
that the superintendent investigate and determine, with respect to	619
any individual who has applied for employment in a position that	620
does not involve providing such ombudsman services, whether the	621
bureau has any information gathered under division (A) of this	622
section that pertains to that applicant.	623

In addition to or in conjunction with any request that is	624
required to be made under section 173.38 of the Revised Code with	625
respect to an individual who has applied for employment in a	626
direct-care position, the chief administrator of a provider, as	627
defined in section 173.39 of the Revised Code, may request that	628
the superintendent investigate and determine, with respect to any	629
individual who has applied for employment in a position that is	630
not a direct-care position, whether the bureau has any information	631
gathered under division (A) of this section that pertains to that	632
applicant.	633

In addition to or in conjunction with any request that is	634
required to be made under section 3712.09 of the Revised Code with	635
respect to an individual who has applied for employment in a	636
position that involves providing direct care to a pediatric	637
respite care patient, the chief administrator of a pediatric	638
respite care program may request that the superintendent of the	639
bureau investigate and determine, with respect to any individual	640
who has applied for employment in a position that does not involve	641
providing direct care to a pediatric respite care patient, whether	642
the bureau has any information gathered under division (A) of this	643
section that pertains to that individual.	644

On receipt of a request under this division, the	645
superintendent shall determine whether that information exists	646
and, on request of the individual requesting information, shall	647
also request from the federal bureau of investigation any criminal	648
records it has pertaining to the applicant. The superintendent or	649
the superintendent's designee also may request criminal history	650
records from other states or the federal government pursuant to	651
the national crime prevention and privacy compact set forth in	652
section 109.571 of the Revised Code. Within thirty days of the	653
date a request is received, subject to division (E)(2) of this	654
section, the superintendent shall send to the requester a report	655
of any information determined to exist, including information	656
contained in records that have been sealed under section 2953.32	657
of the Revised Code, and, within thirty days of its receipt, shall	658
send the requester a report of any information received from the	659
federal bureau of investigation, other than information the	660
dissemination of which is prohibited by federal law.	661

(H) Information obtained by a government entity or person	662
under this section is confidential and shall not be released or	663
disseminated.	664

(I) The superintendent may charge a reasonable fee for	665
providing information or criminal records under division (F)(2) or	666
(G) of this section.	667

(J) As used in this section:

668

(1) "Pediatric respite care program" and "pediatric care	669
patient" have the same meanings as in section 3712.01 of the	670
Revised Code.	671

(2) "Sexually oriented offense" and "child-victim oriented	672
offense" have the same meanings as in section 2950.01 of the	673
Revised Code.	674

(3) "Registered private provider" means a nonpublic school or	675
entity registered with the superintendent of public instruction	676
under section 3310.41 of the Revised Code to participate in the	677
autism scholarship program or section 3310.58 of the Revised Code	678
to participate in the Jon Peterson special needs scholarship	679
program.	680

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	681
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	682
a completed form prescribed pursuant to division (C)(1) of this	683
section, and a set of fingerprint impressions obtained in the	684
manner described in division (C)(2) of this section, the	685
superintendent of the bureau of criminal identification and	686
investigation shall conduct a criminal records check in the manner	687
described in division (B) of this section to determine whether any	688
information exists that indicates that the person who is the	689
subject of the request previously has been convicted of or pleaded	690
guilty to any of the following:	691

(a) A violation of section 2903.01, 2903.02, 2903.03,	692
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	693
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	694
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	695
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	696
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	697
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	698
2925.06, or 3716.11 of the Revised Code, felonious sexual	699
penetration in violation of former section 2907.12 of the Revised	700
Code, a violation of section 2905.04 of the Revised Code as it	701
existed prior to July 1, 1996, a violation of section 2919.23 of	702
the Revised Code that would have been a violation of section	703
2905.04 of the Revised Code as it existed prior to July 1, 1996,	704
had the violation been committed prior to that date, or a	705
violation of section 2925.11 of the Revised Code that is not a	706
minor drug possession offense;	707

(b) A violation of an existing or former law of this state,	708
any other state, or the United States that is substantially	709
equivalent to any of the offenses listed in division (A)(1)(a) of	710
this section;	711

(c) If the request is made pursuant to section 3319.39 of the	712
Revised Code for an applicant who is a teacher, any offense	713
specified in section 3319.31 of the Revised Code.	714

(2) On receipt of a request pursuant to section 3712.09 or	715
3721.121 of the Revised Code, a completed form prescribed pursuant	716
to division (C)(1) of this section, and a set of fingerprint	717
impressions obtained in the manner described in division (C)(2) of	718
this section, the superintendent of the bureau of criminal	719
identification and investigation shall conduct a criminal records	720
check with respect to any person who has applied for employment in	721
a position for which a criminal records check is required by those	722
sections. The superintendent shall conduct the criminal records	723
check in the manner described in division (B) of this section to	724
determine whether any information exists that indicates that the	725
person who is the subject of the request previously has been	726
convicted of or pleaded guilty to any of the following:	727

(a) A violation of section 2903.01, 2903.02, 2903.03,	728
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	729
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	730
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	731
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	732
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	733
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	734
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	735
2925.22, 2925.23, or 3716.11 of the Revised Code;	736

(b) An existing or former law of this state, any other state,	737
or the United States that is substantially equivalent to any of	738
the offenses listed in division (A)(2)(a) of this section.	739

(3) On receipt of a request pursuant to section 173.27,	740
173.38, 3701.881, 5164.34, 5164.341, 5164.342, 5123.081, or	741
5123.169 of the Revised Code, a completed form prescribed pursuant	742
to division (C)(1) of this section, and a set of fingerprint	743
impressions obtained in the manner described in division (C)(2) of	744
this section, the superintendent of the bureau of criminal	745
identification and investigation shall conduct a criminal records	746
check of the person for whom the request is made. The	747
superintendent shall conduct the criminal records check in the	748
manner described in division (B) of this section to determine	749
whether any information exists that indicates that the person who	750
is the subject of the request previously has been convicted of,	751
has pleaded guilty to, or (except in the case of a request	752
pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised	753
Code) has been found eligible for intervention in lieu of	754
conviction for any of the following, regardless of the date of the	755
conviction, the date of entry of the guilty plea, or (except in	756
the case of a request pursuant to section 5164.34, 5164.341, or	757
5164.342 of the Revised Code) the date the person was found	758
eligible for intervention in lieu of conviction:	759

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	760
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	761
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	762
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,	763
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	764
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	765
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	766
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	767
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	768
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	769
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	770
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	771
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,	772
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,	773
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,	774
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,	775
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,	776
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56,	777
2927.12, or 3716.11 of the Revised Code;	778

(b) Felonious sexual penetration in violation of former	779
section 2907.12 of the Revised Code;	780

(c) A violation of section 2905.04 of the Revised Code as it	781
existed prior to July 1, 1996;	782

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	783
the Revised Code when the underlying offense that is the object of	784
the conspiracy, attempt, or complicity is one of the offenses	785
listed in divisions (A)(3)(a) to (c) of this section;	786

(e) A violation of an existing or former municipal ordinance	787
or law of this state, any other state, or the United States that	788
is substantially equivalent to any of the offenses listed in	789
divisions (A)(3)(a) to (d) of this section.	790

(4) On receipt of a request pursuant to section 2151.86 of	791
the Revised Code, a completed form prescribed pursuant to division	792
(C)(1) of this section, and a set of fingerprint impressions	793
obtained in the manner described in division (C)(2) of this	794
section, the superintendent of the bureau of criminal	795
identification and investigation shall conduct a criminal records	796
check in the manner described in division (B) of this section to	797
determine whether any information exists that indicates that the	798
person who is the subject of the request previously has been	799
convicted of or pleaded guilty to any of the following:	800

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	801
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	802
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	803
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	804
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	805
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	806
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	807
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	808
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	809
of the Revised Code, a violation of section 2905.04 of the Revised	810
Code as it existed prior to July 1, 1996, a violation of section	811
2919.23 of the Revised Code that would have been a violation of	812
section 2905.04 of the Revised Code as it existed prior to July 1,	813
1996, had the violation been committed prior to that date, a	814
violation of section 2925.11 of the Revised Code that is not a	815
minor drug possession offense, two or more OVI or OVUAC violations	816
committed within the three years immediately preceding the	817
submission of the application or petition that is the basis of the	818
request, or felonious sexual penetration in violation of former	819
section 2907.12 of the Revised Code;	820

(b) A violation of an existing or former law of this state,	821
any other state, or the United States that is substantially	822
equivalent to any of the offenses listed in division (A)(4)(a) of	823
this section.	824

(5) Upon receipt of a request pursuant to section 5104.012 or	825
5104.013 of the Revised Code, a completed form prescribed pursuant	826
to division (C)(1) of this section, and a set of fingerprint	827
impressions obtained in the manner described in division (C)(2) of	828
this section, the superintendent of the bureau of criminal	829
identification and investigation shall conduct a criminal records	830
check in the manner described in division (B) of this section to	831
determine whether any information exists that indicates that the	832
person who is the subject of the request has been convicted of or	833
pleaded guilty to any of the following:	834

(a) A violation of section 2903.01, 2903.02, 2903.03,	835
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	836
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	837
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	838
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	839
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	840
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	841
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	842
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	843
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	844
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	845
3716.11 of the Revised Code, felonious sexual penetration in	846
violation of former section 2907.12 of the Revised Code, a	847
violation of section 2905.04 of the Revised Code as it existed	848
prior to July 1, 1996, a violation of section 2919.23 of the	849
Revised Code that would have been a violation of section 2905.04	850
of the Revised Code as it existed prior to July 1, 1996, had the	851
violation been committed prior to that date, a violation of	852
section 2925.11 of the Revised Code that is not a minor drug	853
possession offense, a violation of section 2923.02 or 2923.03 of	854
the Revised Code that relates to a crime specified in this	855
division, or a second violation of section 4511.19 of the Revised	856
Code within five years of the date of application for licensure or	857
certification.	858

(b) A violation of an existing or former law of this state,	859
any other state, or the United States that is substantially	860
equivalent to any of the offenses or violations described in	861
division (A)(5)(a) of this section.	862

(6) Upon receipt of a request pursuant to section 5153.111 of	863
the Revised Code, a completed form prescribed pursuant to division	864
(C)(1) of this section, and a set of fingerprint impressions	865
obtained in the manner described in division (C)(2) of this	866
section, the superintendent of the bureau of criminal	867
identification and investigation shall conduct a criminal records	868
check in the manner described in division (B) of this section to	869
determine whether any information exists that indicates that the	870
person who is the subject of the request previously has been	871
convicted of or pleaded guilty to any of the following:	872

(a) A violation of section 2903.01, 2903.02, 2903.03,	873
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	874
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	875
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	876
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	877
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	878
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	879
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	880
felonious sexual penetration in violation of former section	881
2907.12 of the Revised Code, a violation of section 2905.04 of the	882
Revised Code as it existed prior to July 1, 1996, a violation of	883
section 2919.23 of the Revised Code that would have been a	884
violation of section 2905.04 of the Revised Code as it existed	885
prior to July 1, 1996, had the violation been committed prior to	886
that date, or a violation of section 2925.11 of the Revised Code	887
that is not a minor drug possession offense;	888

(b) A violation of an existing or former law of this state,	889
any other state, or the United States that is substantially	890
equivalent to any of the offenses listed in division (A)(6)(a) of	891
this section.	892

(7) On receipt of a request for a criminal records check from	893
an individual pursuant to section 4749.03 or 4749.06 of the	894
Revised Code, accompanied by a completed copy of the form	895
prescribed in division (C)(1) of this section and a set of	896
fingerprint impressions obtained in a manner described in division	897
(C)(2) of this section, the superintendent of the bureau of	898
criminal identification and investigation shall conduct a criminal	899
records check in the manner described in division (B) of this	900
section to determine whether any information exists indicating	901
that the person who is the subject of the request has been	902
convicted of or pleaded guilty to a felony in this state or in any	903
other state. If the individual indicates that a firearm will be	904
carried in the course of business, the superintendent shall	905
require information from the federal bureau of investigation as	906
described in division (B)(2) of this section. Subject to division	907
(F) of this section, the superintendent shall report the findings	908
of the criminal records check and any information the federal	909
bureau of investigation provides to the director of public safety.	910

(8) On receipt of a request pursuant to section 1321.37,	911
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	912
Code, a completed form prescribed pursuant to division (C)(1) of	913
this section, and a set of fingerprint impressions obtained in the	914
manner described in division (C)(2) of this section, the	915
superintendent of the bureau of criminal identification and	916
investigation shall conduct a criminal records check with respect	917
to any person who has applied for a license, permit, or	918
certification from the department of commerce or a division in the	919
department. The superintendent shall conduct the criminal records	920
check in the manner described in division (B) of this section to	921
determine whether any information exists that indicates that the	922
person who is the subject of the request previously has been	923
convicted of or pleaded guilty to any of the following: a	924
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	925
2925.03 of the Revised Code; any other criminal offense involving	926
theft, receiving stolen property, embezzlement, forgery, fraud,	927
passing bad checks, money laundering, or drug trafficking, or any	928
criminal offense involving money or securities, as set forth in	929
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	930
the Revised Code; or any existing or former law of this state, any	931
other state, or the United States that is substantially equivalent	932
to those offenses.	933

(9) On receipt of a request for a criminal records check from	934
the treasurer of state under section 113.041 of the Revised Code	935
or from an individual under section 4701.08, 4715.101, 4717.061,	936
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	937
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	938
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70,	939
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	940
4762.06, 4776.021, 4779.091, or 4783.04 of the Revised Code,	941
accompanied by a completed form prescribed under division (C)(1)	942
of this section and a set of fingerprint impressions obtained in	943
the manner described in division (C)(2) of this section, the	944
superintendent of the bureau of criminal identification and	945
investigation shall conduct a criminal records check in the manner	946
described in division (B) of this section to determine whether any	947
information exists that indicates that the person who is the	948
subject of the request has been convicted of or pleaded guilty to	949
any criminal offense in this state or any other state. Subject to	950
division (F) of this section, the superintendent shall send the	951
results of a check requested under section 113.041 of the Revised	952
Code to the treasurer of state and shall send the results of a	953
check requested under any of the other listed sections to the	954
licensing board specified by the individual in the request.	955

(10) On receipt of a request pursuant to section 1121.23,	956
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	957
Code, a completed form prescribed pursuant to division (C)(1) of	958
this section, and a set of fingerprint impressions obtained in the	959
manner described in division (C)(2) of this section, the	960
superintendent of the bureau of criminal identification and	961
investigation shall conduct a criminal records check in the manner	962
described in division (B) of this section to determine whether any	963
information exists that indicates that the person who is the	964
subject of the request previously has been convicted of or pleaded	965
guilty to any criminal offense under any existing or former law of	966
this state, any other state, or the United States.	967

(11) On receipt of a request for a criminal records check	968
from an appointing or licensing authority under section 3772.07 of	969
the Revised Code, a completed form prescribed under division	970
(C)(1) of this section, and a set of fingerprint impressions	971
obtained in the manner prescribed in division (C)(2) of this	972
section, the superintendent of the bureau of criminal	973
identification and investigation shall conduct a criminal records	974
check in the manner described in division (B) of this section to	975
determine whether any information exists that indicates that the	976
person who is the subject of the request previously has been	977
convicted of or pleaded guilty or no contest to any offense under	978
any existing or former law of this state, any other state, or the	979
United States that is a disqualifying offense as defined in	980
section 3772.07 of the Revised Code or substantially equivalent to	981
such an offense.	982

(12) On receipt of a request pursuant to section 2151.33 or	983
2151.412 of the Revised Code, a completed form prescribed pursuant	984
to division (C)(1) of this section, and a set of fingerprint	985
impressions obtained in the manner described in division (C)(2) of	986
this section, the superintendent of the bureau of criminal	987
identification and investigation shall conduct a criminal records	988
check with respect to any person for whom a criminal records check	989
is required by that section. The superintendent shall conduct the	990
criminal records check in the manner described in division (B) of	991
this section to determine whether any information exists that	992
indicates that the person who is the subject of the request	993
previously has been convicted of or pleaded guilty to any of the	994
following:	995

(a) A violation of section 2903.01, 2903.02, 2903.03,	996
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	997
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	998
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	999
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1000
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1001
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1002
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1003
2925.22, 2925.23, or 3716.11 of the Revised Code;	1004

(b) An existing or former law of this state, any other state,	1005
or the United States that is substantially equivalent to any of	1006
the offenses listed in division (A)(12)(a) of this section.	1007

(B) Subject to division (F) of this section, the	1008
superintendent shall conduct any criminal records check to be	1009
conducted under this section as follows:	1010

(1) The superintendent shall review or cause to be reviewed	1011
any relevant information gathered and compiled by the bureau under	1012
division (A) of section 109.57 of the Revised Code that relates to	1013
the person who is the subject of the criminal records check,	1014
including, if the criminal records check was requested under	1015
section 113.041, 121.08, 173.27, 173.38, 1121.23, 1155.03,	1016
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,	1017
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	1018
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	1019
5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or	1020
5153.111 of the Revised Code, any relevant information contained	1021
in records that have been sealed under section 2953.32 of the	1022
Revised Code;	1023

(2) If the request received by the superintendent asks for	1024
information from the federal bureau of investigation, the	1025
superintendent shall request from the federal bureau of	1026
investigation any information it has with respect to the person	1027
who is the subject of the criminal records check, including	1028
fingerprint-based checks of national crime information databases	1029
as described in 42 U.S.C. 671 if the request is made pursuant to	1030
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if	1031
any other Revised Code section requires fingerprint-based checks	1032
of that nature, and shall review or cause to be reviewed any	1033
information the superintendent receives from that bureau. If a	1034
request under section 3319.39 of the Revised Code asks only for	1035
information from the federal bureau of investigation, the	1036
superintendent shall not conduct the review prescribed by division	1037
(B)(1) of this section.	1038

(3) The superintendent or the superintendent's designee may	1039
request criminal history records from other states or the federal	1040
government pursuant to the national crime prevention and privacy	1041
compact set forth in section 109.571 of the Revised Code.	1042

(4) The superintendent shall include in the results of the	1043
criminal records check a list or description of the offenses	1044
listed or described in division (A)(1), (2), (3), (4), (5), (6),	1045
(7), (8), (9), (10), (11), or (12) of this section, whichever	1046
division requires the superintendent to conduct the criminal	1047
records check. The superintendent shall exclude from the results	1048
any information the dissemination of which is prohibited by	1049
federal law.	1050

(5) The superintendent shall send the results of the criminal	1051
records check to the person to whom it is to be sent not later	1052
than the following number of days after the date the	1053
superintendent receives the request for the criminal records	1054
check, the completed form prescribed under division (C)(1) of this	1055
section, and the set of fingerprint impressions obtained in the	1056
manner described in division (C)(2) of this section:	1057

(a) If the superintendent is required by division (A) of this	1058
section (other than division (A)(3) of this section) to conduct	1059
the criminal records check, thirty;	1060

(b) If the superintendent is required by division (A)(3) of	1061
this section to conduct the criminal records check, sixty.	1062

(C)(1) The superintendent shall prescribe a form to obtain	1063
the information necessary to conduct a criminal records check from	1064
any person for whom a criminal records check is to be conducted	1065
under this section. The form that the superintendent prescribes	1066
pursuant to this division may be in a tangible format, in an	1067
electronic format, or in both tangible and electronic formats.	1068

(2) The superintendent shall prescribe standard impression	1069
sheets to obtain the fingerprint impressions of any person for	1070
whom a criminal records check is to be conducted under this	1071
section. Any person for whom a records check is to be conducted	1072
under this section shall obtain the fingerprint impressions at a	1073
county sheriff's office, municipal police department, or any other	1074
entity with the ability to make fingerprint impressions on the	1075
standard impression sheets prescribed by the superintendent. The	1076
office, department, or entity may charge the person a reasonable	1077
fee for making the impressions. The standard impression sheets the	1078
superintendent prescribes pursuant to this division may be in a	1079
tangible format, in an electronic format, or in both tangible and	1080
electronic formats.	1081

(3) Subject to division (D) of this section, the	1082
superintendent shall prescribe and charge a reasonable fee for	1083
providing a criminal records check under this section. The person	1084
requesting the criminal records check shall pay the fee prescribed	1085
pursuant to this division. In the case of a request under section	1086
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,	1087
2151.412, or 5164.34 of the Revised Code, the fee shall be paid in	1088
the manner specified in that section.	1089

(4) The superintendent of the bureau of criminal	1090
identification and investigation may prescribe methods of	1091
forwarding fingerprint impressions and information necessary to	1092
conduct a criminal records check, which methods shall include, but	1093
not be limited to, an electronic method.	1094

(D) The results of a criminal records check conducted under	1095
this section, other than a criminal records check specified in	1096
division (A)(7) of this section, are valid for the person who is	1097
the subject of the criminal records check for a period of one year	1098
from the date upon which the superintendent completes the criminal	1099
records check. If during that period the superintendent receives	1100
another request for a criminal records check to be conducted under	1101
this section for that person, the superintendent shall provide the	1102
results from the previous criminal records check of the person at	1103
a lower fee than the fee prescribed for the initial criminal	1104
records check.	1105

(E) When the superintendent receives a request for	1106
information from a registered private provider, the superintendent	1107
shall proceed as if the request was received from a school	1108
district board of education under section 3319.39 of the Revised	1109
Code. The superintendent shall apply division (A)(1)(c) of this	1110
section to any such request for an applicant who is a teacher.	1111

(F)(1) ~~All~~Subject to division (F)(2) of this section, all	1112
information regarding the results of a criminal records check	1113
conducted under this section that the superintendent reports or	1114
sends under division (A)(7) or (9) of this section to the director	1115
of public safety, the treasurer of state, or the person, board, or	1116
entity that made the request for the criminal records check shall	1117
relate to the conviction of the subject person, or the subject	1118
person's plea of guilty to, a criminal offense.	1119

(2) Division (F)(1) of this section does not limit, restrict,	1120
or preclude the superintendent's release of ~~information~~any of the	1121
following:	1122

(a) Information that relates to the arrest of a person and	1123
that is authorized to be released under division (E)(3) of section	1124
109.57 of the Revised Code;	1125

(b) Information that relates to an adjudication of a child as	1126
a delinquent child, or that relates to a criminal conviction of a	1127
person under eighteen years of age if the person's case was	1128
transferred back to a juvenile court under division (B)(2) or (3)	1129
of section 2152.121 of the Revised Code and the juvenile court	1130
imposed a disposition or serious youthful offender disposition	1131
upon the person under either division, if either of the following	1132
applies with respect to the adjudication or conviction:	1133

~~(a)~~(i) The adjudication or conviction was for a violation of	1134
section 2903.01 or 2903.02 of the Revised Code.	1135

~~(b)~~(ii) The adjudication or conviction was for a sexually	1136
oriented offense, as defined in section 2950.01 of the Revised	1137
Code, the juvenile court was required to classify the child a	1138
juvenile offender registrant for that offense under section	1139
2152.82, 2152.83, or 2152.86 of the Revised Code, and that	1140
classification has not been removed.	1141

(G) As used in this section:

1142

(1) "Criminal records check" means any criminal records check	1143
conducted by the superintendent of the bureau of criminal	1144
identification and investigation in accordance with division (B)	1145
of this section.	1146

(2) "Minor drug possession offense" has the same meaning as	1147
in section 2925.01 of the Revised Code.	1148

(3) "OVI or OVUAC violation" means a violation of section	1149
4511.19 of the Revised Code or a violation of an existing or	1150
former law of this state, any other state, or the United States	1151
that is substantially equivalent to section 4511.19 of the Revised	1152
Code.	1153

(4) "Registered private provider" means a nonpublic school or	1154
entity registered with the superintendent of public instruction	1155
under section 3310.41 of the Revised Code to participate in the	1156
autism scholarship program or section 3310.58 of the Revised Code	1157
to participate in the Jon Peterson special needs scholarship	1158
program.	1159

Sec. 109.578. (A) On receipt of a request pursuant to section	1160
505.381, 737.081, 737.221, or 4765.301 of the Revised Code, a	1161
completed form prescribed pursuant to division (C)(1) of this	1162
section, and a set of fingerprint impressions obtained in the	1163
manner described in division (C)(2) of this section, the	1164
superintendent of the bureau of criminal identification and	1165
investigation shall conduct a criminal records check in the manner	1166
described in division (B) of this section to determine whether any	1167
information exists that indicates that the person who is the	1168
subject of the request previously has been convicted of or pleaded	1169
guilty to any of the following:	1170

(1) A felony;

1171

(2) A violation of section 2909.03 of the Revised Code;

1172

(3) A violation of an existing or former law of this state,	1173
any other state, or the United States that is substantially	1174
equivalent to any of the offenses listed in division (A)(1) or (2)	1175
of this section.	1176

(B) Subject to division (E) of this section, the	1177
superintendent shall conduct any criminal records check pursuant	1178
to division (A) of this section as follows:	1179

(1) The superintendent shall review or cause to be reviewed	1180
any relevant information gathered and compiled by the bureau under	1181
division (A) of section 109.57 of the Revised Code that relates to	1182
the person who is the subject of the request, including any	1183
relevant information contained in records that have been sealed	1184
under section 2953.32 of the Revised Code.	1185

(2) If the request received by the superintendent asks for	1186
information from the federal bureau of investigation, the	1187
superintendent shall request from the federal bureau of	1188
investigation any information it has with respect to the person	1189
who is the subject of the request and shall review or cause to be	1190
reviewed any information the superintendent receives from that	1191
bureau.	1192

(C)(1) The superintendent shall prescribe a form to obtain	1193
the information necessary to conduct a criminal records check from	1194
any person for whom a criminal records check is requested pursuant	1195
to section 505.381, 737.081, 737.221, or 4765.301 of the Revised	1196
Code. The form that the superintendent prescribes pursuant to this	1197
division may be in a tangible format, in an electronic format, or	1198
in both tangible and electronic formats.	1199

(2) The superintendent shall prescribe standard impression	1200
sheets to obtain the fingerprint impressions of any person for	1201
whom a criminal records check is requested pursuant to section	1202
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. Any	1203
person for whom a records check is requested pursuant to any of	1204
those sections shall obtain the fingerprint impressions at a	1205
county sheriff's office, a municipal police department, or any	1206
other entity with the ability to make fingerprint impressions on	1207
the standard impression sheets prescribed by the superintendent.	1208
The office, department, or entity may charge the person a	1209
reasonable fee for making the impressions. The standard impression	1210
sheets the superintendent prescribes pursuant to this division may	1211
be in a tangible format, in an electronic format, or in both	1212
tangible and electronic formats.	1213

(3) Subject to division (D) of this section, the	1214
superintendent shall prescribe and charge a reasonable fee for	1215
providing a criminal records check requested under section	1216
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The	1217
person making the criminal records request shall pay the fee	1218
prescribed pursuant to this division.	1219

(4) The superintendent may prescribe methods of forwarding	1220
fingerprint impressions and information necessary to conduct a	1221
criminal records check. The methods shall include, but are not	1222
limited to, an electronic method.	1223

(D) A determination whether any information exists that	1224
indicates that a person previously has been convicted of or	1225
pleaded guilty to any offense listed or described in division (A)	1226
of this section and that the superintendent made with respect to	1227
information considered in a criminal records check in accordance	1228
with this section is valid for the person who is the subject of	1229
the criminal records check for a period of one year from the date	1230
upon which the superintendent makes the determination. During the	1231
period in which the determination in regard to a person is valid,	1232
if another request under this section is made for a criminal	1233
records check for that person, the superintendent shall provide	1234
the information that is the basis for the superintendent's initial	1235
determination at a lower fee than the fee prescribed for the	1236
initial criminal records check.	1237

(E)(1) ~~All~~Subject to division (E)(2) of this section, all	1238
information regarding the results of a criminal records check	1239
conducted under this section that the superintendent reports or	1240
sends under this section to the person, board, or entity that made	1241
the request for the criminal records check shall relate to the	1242
conviction of the subject person, or the subject person's plea of	1243
guilty to, a criminal offense.	1244

(2) Division (E)(1) of this section does not limit, restrict,	1245
or preclude the superintendent's release of ~~information~~any of the	1246
following:	1247

(a) Information that relates to the arrest of a person and	1248
that is authorized to be released under division (E)(3) of section	1249
109.57 of the Revised Code;	1250

(b) Information that relates to an adjudication of a child as	1251
a delinquent child, or that relates to a criminal conviction of a	1252
person under eighteen years of age if the person's case was	1253
transferred back to a juvenile court under division (B)(2) or (3)	1254
of section 2152.121 of the Revised Code and the juvenile court	1255
imposed a disposition or serious youthful offender disposition	1256
upon the person under either division, if either of the following	1257
applies with respect to the adjudication or conviction:	1258

~~(a)~~(i) The adjudication or conviction was for a violation of	1259
section 2903.01 or 2903.02 of the Revised Code.	1260

~~(b)~~(ii) The adjudication or conviction was for a sexually	1261
oriented offense, as defined in section 2950.01 of the Revised	1262
Code, the juvenile court was required to classify the child a	1263
juvenile offender registrant for that offense under section	1264
2152.82, 2152.83, or 2152.86 of the Revised Code, and that	1265
classification has not been removed.	1266

(F) As used in this section, "criminal records check" means	1267
any criminal records check conducted by the superintendent of the	1268
bureau of criminal identification and investigation in accordance	1269
with division (B) of this section.	1270

Sec. 109.60. (A)(1) The sheriffs of the several counties and	1271
the chiefs of police of cities, immediately upon the arrest of any	1272
person for any felony, on suspicion of any felony, for a crime	1273
constituting a misdemeanor on the first offense and a felony on	1274
subsequent offenses, or for any misdemeanor described in division	1275
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	1276
Revised Code, and immediately upon the arrest or taking into	1277
custody of any child under eighteen years of age for committing an	1278
act that would be a felony or an offense of violence if committed	1279
by an adult or upon probable cause to believe that a child of that	1280
age may have committed an act that would be a felony or an offense	1281
of violence if committed by an adult, shall take the person's or	1282
child's fingerprints, or cause the same to be taken, according to	1283
the fingerprint system of identification on the forms furnished by	1284
the superintendent of the bureau of criminal identification and	1285
investigation, and immediately shall forward copies of the	1286
completed forms, any other description that may be required, and	1287
the history of the offense committed to the bureau to be	1288
classified and filed and to the clerk of the court having	1289
jurisdiction over the prosecution of the offense or over the	1290
adjudication relative to the act.	1291

(2) Except as provided in division (B) of this section, if a	1292
person or child has not been arrested and first appears before a	1293
court or magistrate in response to a summons, or if a sheriff or	1294
chief of police has not taken, or caused to be taken, a person's	1295
or child's fingerprints in accordance with division (A)(1) of this	1296
section by the time of the arraignment or first appearance of the	1297
person or child, the court shall order the person or child to	1298
appear before the sheriff or chief of police within twenty-four	1299
hours to have the person's or child's fingerprints taken. The	1300
sheriff or chief of police shall take the person's or child's	1301
fingerprints, or cause the fingerprints to be taken, according to	1302
the fingerprint system of identification on the forms furnished by	1303
the superintendent of the bureau of criminal identification and	1304
investigation and, immediately after the person's or child's	1305
arraignment or first appearance, forward copies of the completed	1306
forms, any other description that may be required, and the history	1307
of the offense committed to the bureau to be classified and filed	1308
and to the clerk of the court.	1309

(3) Every court with jurisdiction over a case involving a	1310
person or child with respect to whom division (A)(1) or (2) of	1311
this section requires a sheriff or chief of police to take the	1312
person's or child's fingerprints shall inquire at the time of the	1313
person's or child's sentencing or adjudication whether or not the	1314
person or child has been fingerprinted pursuant to division (A)(1)	1315
or (2) of this section for the original arrest or court appearance	1316
upon which the sentence or adjudication is based. If the person or	1317
child was not fingerprinted for the original arrest or court	1318
appearance upon which the sentence or adjudication is based, the	1319
court shall take the person's or child's fingerprints or shall	1320
order the person or child to appear before the sheriff or chief of	1321
police within twenty-four hours to have the person's or child's	1322
fingerprints taken. ~~The~~If the court orders the person or child to	1323
appear before the sheriff or chief of police to have the person's	1324
or child's fingerprints taken, the sheriff or chief of police	1325
shall take the person's or child's fingerprints, or cause the	1326
fingerprints to be taken, according to the fingerprint system of	1327
identification on the forms furnished by the superintendent of the	1328
bureau of criminal identification and investigation and	1329
immediately forward copies of the completed forms, any other	1330
description that may be required, and the history of the offense	1331
committed to the bureau to be classified and filed and to the	1332
clerk of the court.	1333

(4) If a person or child is in the custody of a law	1334
enforcement agency or a detention facility, as defined in section	1335
2921.01 of the Revised Code, and the chief law enforcement officer	1336
or chief administrative officer of the detention facility	1337
discovers that a warrant has been issued or a bill of information	1338
has been filed alleging the person or child to have committed an	1339
offense or act other than the offense or act for which the person	1340
or child is in custody, and the other alleged offense or act is	1341
one for which fingerprints are to be taken pursuant to division	1342
(A)(1) of this section, the law enforcement agency or detention	1343
facility shall take the fingerprints of the person or child, or	1344
cause the fingerprints to be taken, according to the fingerprint	1345
system of identification on the forms furnished by the	1346
superintendent of the bureau of criminal identification and	1347
investigation and immediately forward copies of the completed	1348
forms, any other description that may be required, and the history	1349
of the offense committed to the bureau to be classified and filed	1350
and to the clerk of the court that issued the warrant or with	1351
which the bill of information was filed.	1352

(5) If an accused is found not guilty of the offense charged	1353
or a nolle prosequi is entered in any case, or if any accused	1354
child under eighteen years of age is found not to be a delinquent	1355
child for committing an act that would be a felony or an offense	1356
of violence if committed by an adult or not guilty of the felony	1357
or offense of violence charged or a nolle prosequi is entered in	1358
that case, the fingerprints and description shall be given to the	1359
accused upon the accused's request.	1360

(6) The superintendent shall compare the description received	1361
with those already on file in the bureau, and, if the	1362
superintendent finds that the person arrested or taken into	1363
custody has a criminal record or a record as a delinquent child	1364
for having committed an act that would be a felony or an offense	1365
of violence if committed by an adult or is a fugitive from justice	1366
or wanted by any jurisdiction in this or another state, the United	1367
States, or a foreign country for any offense, the superintendent	1368
at once shall inform the arresting officer, the officer taking the	1369
person into custody, or the chief administrative officer of the	1370
county, multicounty, municipal, municipal-county, or	1371
multicounty-municipal jail or workhouse, community-based	1372
correctional facility, halfway house, alternative residential	1373
facility, or state correctional institution in which the person or	1374
child is in custody of that fact and give appropriate notice to	1375
the proper authorities in the jurisdiction in which the person is	1376
wanted, or, if that jurisdiction is a foreign country, give	1377
appropriate notice to federal authorities for transmission to the	1378
foreign country. The names, under which each person whose	1379
identification is filed is known, shall be alphabetically indexed	1380
by the superintendent.	1381

(B) Division (A) of this section does not apply to a violator	1382
of a city ordinance unless the officers have reason to believe	1383
that the violator is a past offender or the crime is one	1384
constituting a misdemeanor on the first offense and a felony on	1385
subsequent offenses, or unless it is advisable for the purpose of	1386
subsequent identification. This section does not apply to any	1387
child under eighteen years of age who was not arrested or	1388
otherwise taken into custody for committing an act that would be a	1389
felony or an offense of violence if committed by an adult or upon	1390
probable cause to believe that a child of that age may have	1391
committed an act that would be a felony or an offense of violence	1392
if committed by an adult, except as provided in section 2151.313	1393
of the Revised Code.	1394

(C)(1) For purposes of division (C) of this section, a law	1395
enforcement agency shall be considered to have arrested a person	1396
if any law enforcement officer who is employed by, appointed by,	1397
or serves that agency arrests the person. As used in division (C)	1398
of this section:	1399

(a) "Illegal methamphetamine manufacturing laboratory" has	1400
the same meaning as in section 3745.13 of the Revised Code.	1401

(b) "Methamphetamine or a methamphetamine product" means	1402
methamphetamine, any salt, isomer, or salt of an isomer of	1403
methamphetamine, or any compound, mixture, preparation, or	1404
substance containing methamphetamine or any salt, isomer, or salt	1405
of an isomer of methamphetamine.	1406

(2) Each law enforcement agency that, in any calendar year,	1407
arrests any person for a violation of section 2925.04 of the	1408
Revised Code that is based on the manufacture of methamphetamine	1409
or a methamphetamine product, a violation of section 2925.041 of	1410
the Revised Code that is based on the possession of chemicals	1411
sufficient to produce methamphetamine or a methamphetamine	1412
product, or a violation of any other provision of Chapter 2925. or	1413
3719. of the Revised Code that is based on the possession of	1414
chemicals sufficient to produce methamphetamine or a	1415
methamphetamine product shall prepare an annual report covering	1416
the calendar year that contains the information specified in	1417
division (C)(3) of this section relative to all arrests for	1418
violations of those sections committed under those circumstances	1419
during that calendar year and relative to illegal methamphetamine	1420
manufacturing laboratories, dump sites, and chemical caches as	1421
specified in that division and shall send the annual report, not	1422
later than the first day of March in the calendar year following	1423
the calendar year covered by the report, to the bureau of criminal	1424
identification and investigation.	1425

The law enforcement agency shall write any annual report	1426
prepared and filed under this division on the standard forms	1427
furnished by the superintendent of the bureau of criminal	1428
identification and investigation pursuant to division (C)(4) of	1429
this section. The annual report shall be a statistical report, and	1430
nothing in the report or in the information it contains shall	1431
identify, or enable the identification of, any person who was	1432
arrested and whose arrest is included in the information contained	1433
in the report. The annual report in the possession of the bureau	1434
and the information it contains are public records for the purpose	1435
of section 149.43 of the Revised Code.	1436

(3) The annual report prepared and filed by a law enforcement	1437
agency under division (C)(2) of this section shall contain all of	1438
the following information for the calendar year covered by the	1439
report:	1440

(a) The total number of arrests made by the agency in that	1441
calendar year for a violation of section 2925.04 of the Revised	1442
Code that is based on the manufacture of methamphetamine or a	1443
methamphetamine product, a violation of section 2925.041 of the	1444
Revised Code that is based on the possession of chemicals	1445
sufficient to produce methamphetamine or a methamphetamine	1446
product, or a violation of any other provision of Chapter 2925. or	1447
3719. of the Revised Code that is based on the possession of	1448
chemicals sufficient to produce methamphetamine or a	1449
methamphetamine product;	1450

(b) The total number of illegal methamphetamine manufacturing	1451
laboratories at which one or more of the arrests reported under	1452
division (C)(3)(a) of this section occurred, or that were	1453
discovered in that calendar year within the territory served by	1454
the agency but at which none of the arrests reported under	1455
division (C)(3)(a) of this section occurred;	1456

(c) The total number of dump sites and chemical caches that	1457
are, or that are reasonably believed to be, related to illegal	1458
methamphetamine manufacturing and that were discovered in that	1459
calendar year within the territory served by the agency.	1460

(4) The superintendent of the bureau of criminal	1461
identification and investigation shall prepare and furnish to each	1462
law enforcement agency in this state standard forms for making the	1463
annual reports required by division (C)(2) of this section. The	1464
standard forms that the superintendent prepares pursuant to this	1465
division may be in a tangible format, in an electronic format, or	1466
in both a tangible format and an electronic format.	1467

(5) The annual report required by division (C)(2) of this	1468
section is separate from, and in addition to, any report,	1469
materials, or information required under division (A) of this	1470
section or under any other provision of sections 109.57 to 109.62	1471
of the Revised Code.	1472

Sec. 109.85. (A) Upon the written request of the governor,	1473
the general assembly, the auditor of state, the medicaid director,	1474
the director of health, or the director of budget and management,	1475
or upon the attorney general's becoming aware of criminal or	1476
improper activity related to Chapter 3721. of the Revised Code and	1477
the medicaid program, the attorney general shall investigate any	1478
criminal or civil violation of law related to Chapter 3721. of the	1479
Revised Code or the medicaid program. Investigators appointed by	1480
the attorney general to fulfill the purposes of this section may	1481
go armed in the same manner as sheriffs and regularly appointed	1482
police officers under section 2923.12 of the Revised Code.	1483

(B) When it appears to the attorney general, as a result of	1484
an investigation under division (A) of this section, that there is	1485
cause to prosecute for the commission of a crime or to pursue a	1486
civil remedy, the attorney general may refer the evidence to the	1487
prosecuting attorney having jurisdiction of the matter, or to a	1488
regular grand jury drawn and impaneled pursuant to sections	1489
2939.01 to 2939.24 of the Revised Code, or to a special grand jury	1490
drawn and impaneled pursuant to section 2939.17 of the Revised	1491
Code, or the attorney general may initiate and prosecute any	1492
necessary criminal or civil actions in any court or tribunal of	1493
competent jurisdiction in this state. When proceeding under this	1494
section, the attorney general, and any assistant or special	1495
counsel designated by the attorney general for that purpose, have	1496
all rights, privileges, and powers of prosecuting attorneys. The	1497
attorney general shall have exclusive supervision and control of	1498
all investigations and prosecutions initiated by the attorney	1499
general under this section. The forfeiture provisions of Chapter	1500
2981. of the Revised Code apply in relation to any such criminal	1501
action initiated and prosecuted by the attorney general.	1502

(C) Nothing in this section shall prevent a county	1503
prosecuting attorney from investigating and prosecuting criminal	1504
activity related to Chapter 3721. of the Revised Code and the	1505
medicaid program. The forfeiture provisions of Chapter 2981. of	1506
the Revised Code apply in relation to any prosecution of criminal	1507
activity related to the medicaid program undertaken by the	1508
prosecuting attorney.	1509

Sec. 109.86. (A) The attorney general shall investigate any	1510
activity the attorney general has reasonable cause to believe is	1511
in violation of section 2903.34 of the Revised Code. Upon written	1512
request of the governor, the general assembly, the auditor of	1513
state, or the director of health, job and family services, aging,	1514
mental health and addiction services, or developmental	1515
disabilities, the attorney general shall investigate any activity	1516
these persons believe is in violation of section 2903.34 of the	1517
Revised Code. Investigators appointed by the attorney general to	1518
fulfill the purposes of this section may go armed in the same	1519
manner as sheriffs and regularly appointed police officers under	1520
section 2923.12 of the Revised Code. If after an investigation the	1521
attorney general has probable cause to prosecute for the	1522
commission of a crime, the attorney general shall refer the	1523
evidence to the prosecuting attorney, director of law, or other	1524
similar chief legal officer having jurisdiction over the matter.	1525
If the prosecuting attorney decides to present the evidence to a	1526
grand jury, the prosecuting attorney shall notify the attorney	1527
general in writing of the decision within thirty days after	1528
referral of the matter and shall present the evidence prior to the	1529
discharge of the next regular grand jury. If the director of law	1530
or other chief legal officer decides to prosecute the case, the	1531
director or officer shall notify the attorney general in writing	1532
of the decision within thirty days and shall initiate prosecution	1533
within sixty days after the matter was referred to the director or	1534
officer.	1535

(B) If the prosecuting attorney, director of law, or other	1536
chief legal officer fails to notify the attorney general or to	1537
present evidence or initiate prosecution in accordance with	1538
division (A) of this section, the attorney general may present the	1539
evidence to a regular grand jury drawn and impaneled pursuant to	1540
sections 2939.01 to 2939.24 of the Revised Code, or to a special	1541
grand jury drawn and impaneled pursuant to section 2939.17 of the	1542
Revised Code, or the attorney general may initiate and prosecute	1543
any action in any court or tribunal of competent jurisdiction in	1544
this state. The attorney general, and any assistant or special	1545
counsel designated by the attorney general, have all the powers of	1546
a prosecuting attorney, director of law, or other chief legal	1547
officer when proceeding under this section. Nothing in this	1548
section shall limit or prevent a prosecuting attorney, director of	1549
law, or other chief legal officer from investigating and	1550
prosecuting criminal activity committed against a resident or	1551
patient of a care facility.	1552

Sec. 1331.01. As used in sections 1331.01 to 1331.14 of the	1553
Revised Code:	1554

(A) "Person" includes corporations, partnerships, and	1555
associations existing under or authorized by any state or	1556
territory of the United States, and solely for the purpose of the	1557
definition of division ~~(B)~~(C) of this section, a foreign	1558
governmental entity.	1559

(B) "Public office" means any state agency, public	1560
institution, political subdivision, or other organized body,	1561
office, agency, institution, or entity established by the laws of	1562
this state for the exercise of any function of government. "Public	1563
office" does not include the nonprofit corporation formed under	1564
section 187.01 of the Revised Code.	1565

(C)(1) "Trust" is a combination of capital, skill, or acts by	1566
two or more persons for any of the following purposes:	1567

~~(1)~~(a) To create or carry out restrictions in trade or	1568
commerce;	1569

~~(2)~~(b) To limit or reduce the production, or increase or	1570
reduce the price of merchandise or a commodity;	1571

~~(3)~~(c) To prevent competition in manufacturing, making,	1572
transportation, sale, or purchase of merchandise, produce, or a	1573
commodity;	1574

~~(4)~~(d) To fix at a standard or figure, whereby its price to	1575
the public or consumer is in any manner controlled or established,	1576
an article or commodity of merchandise, produce, or commerce	1577
intended for sale, barter, use, or consumption in this state;	1578

~~(5)~~(e) To make, enter into, execute, or carry out contracts,	1579
obligations, or agreements of any kind by which they bind or have	1580
bound themselves not to sell, dispose of, or transport an article	1581
or commodity, or an article of trade, use, merchandise, commerce,	1582
or consumption below a common standard figure or fixed value, or	1583
by which they agree in any manner to keep the price of such	1584
article, commodity, or transportation at a fixed or graduated	1585
figure, or by which they shall in any manner establish or settle	1586
the price of an article, commodity, or transportation between them	1587
or themselves and others, so as directly or indirectly to preclude	1588
a free and unrestricted competition among themselves, purchasers,	1589
or consumers in the sale or transportation of such article or	1590
commodity, or by which they agree to pool, combine, or directly or	1591
indirectly unite any interests which they have connected with the	1592
sale or transportation of such article or commodity, that its	1593
price might in any manner be affected;	1594

~~(6)~~(f) To refuse to buy from, sell to, or trade with any	1595
person because such person appears on a blacklist issued by, or is	1596
being boycotted by, any foreign corporate or governmental entity.	1597

(2) "Trust" also means a combination of capital, skill, or	1598
acts by two or more bidders or potential bidders, or one or more	1599
bidders or potential bidders and any person affiliated with a	1600
public office, to restrain or prevent competition in the letting	1601
or awarding of any public contract in derogation of any statute,	1602
ordinance, or rule requiring the use of competitive bidding or	1603
selection in the letting or awarding of the public contract.	1604

(3) "Trust," as defined in this section, does not include	1605
bargaining by a labor organization in negotiating or effecting	1606
contracts with an employer or employer group with reference to	1607
minimum payment to any member of the labor organization for any	1608
motor vehicles owned, driven, and used exclusively by such member	1609
in the performance of ~~his~~the member's duties of employment	1610
pursuant to a collective bargaining agreement between the labor	1611
organization and the employer or employer group.	1612

(4) A trust as defined in this division ~~(B) of this section~~	1613
is unlawful and void.	1614

Sec. 1331.04. ~~A violation of sections 1331.01 to 1331.14,~~	1615
~~inclusive, of the Revised Code,~~Every combination, contract, or	1616
agreement in the form of a trust is declared to be a conspiracy	1617
against trade and illegal. No person shall engage in such	1618
conspiracy or take part therein, or aid or advise in its	1619
commission, or, as principal, manager, director, agent, servant,	1620
or employer, or in any other capacity, knowingly carry out any of	1621
the stipulations, purposes, prices, or rates, or furnish any	1622
information to assist in carrying out such purposes, or orders	1623
thereunder, or in pursuance thereof, or in any manner violate ~~said~~	1624
sections 1331.01 to 1331.14 of the Revised Code. Each day's	1625
violation of this section is a separate offense.	1626

Sec. 1331.17. In carrying out official duties, the attorney	1627
general shall not disclose publicly the facts developed in an	1628
investigation conducted pursuant to this chapter unless the matter	1629
has become a matter of public record in enforcement proceedings,	1630
in public hearings, or other official proceedings, or unless the	1631
person from whom the information has been obtained consents to the	1632
public disclosure.	1633

Sec. 1331.99. (A)(1) Whoever violates section 1331.04 of the	1634
Revised Code is guilty of conspiracy against trade. Except as	1635
provided in division (A)(2) of this section, a conspiracy against	1636
trade is a felony of the fifth degree.	1637

(2) If any of the following conditions apply, the conspiracy	1638
against trade is a felony of the fourth degree:	1639

(a) The amount of the contract or the amount of the sale of	1640
commodities or services involved is seven thousand five hundred	1641
dollars or more.	1642

(b) The conspiracy against trade relates to a contract with	1643
or the sale of commodities or services to or from a local, state,	1644
or federal governmental entity.	1645

(c) The contract or sale of commodities or services involves,	1646
in whole or in part, funding to or from a local, state, or federal	1647
governmental entity.	1648

(B) Whoever violates section 1331.02 ~~or 1331.05~~ of the	1649
Revised Code is guilty of a felony of the fifth degree.	1650

~~(B)~~(C) Whoever violates ~~section 1331.04 or~~ division (L) of	1651
section 1331.16 of the Revised Code is guilty of a misdemeanor of	1652
the first degree.	1653

~~(C)~~(D) Whoever violates section 1331.15 of the Revised Code	1654
is guilty of a misdemeanor of the second degree.	1655

Sec. 1345.02. (A) No supplier shall commit an unfair or	1656
deceptive act or practice in connection with a consumer	1657
transaction. Such an unfair or deceptive act or practice by a	1658
supplier violates this section whether it occurs before, during,	1659
or after the transaction.	1660

(B) Without limiting the scope of division (A) of this	1661
section, the act or practice of a supplier in representing any of	1662
the following is deceptive:	1663

(1) That the subject of a consumer transaction has	1664
sponsorship, approval, performance characteristics, accessories,	1665
uses, or benefits that it does not have;	1666

(2) That the subject of a consumer transaction is of a	1667
particular standard, quality, grade, style, prescription, or	1668
model, if it is not;	1669

(3) That the subject of a consumer transaction is new, or	1670
unused, if it is not;	1671

(4) That the subject of a consumer transaction is available	1672
to the consumer for a reason that does not exist;	1673

(5) That the subject of a consumer transaction has been	1674
supplied in accordance with a previous representation, if it has	1675
not, except that the act of a supplier in furnishing similar	1676
merchandise of equal or greater value as a good faith substitute	1677
does not violate this section;	1678

(6) That the subject of a consumer transaction will be	1679
supplied in greater quantity than the supplier intends;	1680

(7) That replacement or repair is needed, if it is not;

1681

(8) That a specific price advantage exists, if it does not;

1682

(9) That the supplier has a sponsorship, approval, or	1683
affiliation that the supplier does not have;	1684

(10) That a consumer transaction involves or does not involve	1685
a warranty, a disclaimer of warranties or other rights, remedies,	1686
or obligations if the representation is false.	1687

(C) In construing division (A) of this section, the court	1688
shall give due consideration and great weight to federal trade	1689
commission orders, trade regulation rules and guides, and the	1690
federal courts' interpretations of subsection 45 (a)(1) of the	1691
"Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A.	1692
41, as amended.	1693

(D) No supplier shall offer to a consumer or represent that a	1694
consumer will receive a rebate, discount, or other benefit as an	1695
inducement for entering into a consumer transaction in return for	1696
giving the supplier the names of prospective consumers, or	1697
otherwise helping the supplier to enter into other consumer	1698
transactions, if earning the benefit is contingent upon an event	1699
occurring after the consumer enters into the transaction.	1700

(E)(1) No supplier, in connection with a consumer transaction	1701
involving natural gas service or public telecommunications service	1702
to a consumer in this state, shall request or submit, or cause to	1703
be requested or submitted, a change in the consumer's provider of	1704
natural gas service or public telecommunications service, without	1705
first obtaining, or causing to be obtained, the verified consent	1706
of the consumer. For the purpose of this division and with respect	1707
to public telecommunications service only, the procedures	1708
necessary for verifying the consent of a consumer shall be those	1709
prescribed by rule by the public utilities commission for public	1710
telecommunications service under division (D) of section 4905.72	1711
of the Revised Code. Also, for the purpose of this division, the	1712
act, omission, or failure of any officer, agent, or other	1713
individual, acting for or employed by another person, while acting	1714
within the scope of that authority or employment, is the act or	1715
failure of that other person.	1716

(2) Consistent with the exclusion, under 47 C.F.R.	1717
64.1100(a)(3), of commercial mobile radio service providers from	1718
the verification requirements adopted in 47 C.F.R. 64.1100,	1719
64.1150, 64.1160, 64.1170, 64.1180, and 64.1190 by the federal	1720
communications commission, division (E)(1) of this section does	1721
not apply to a provider of commercial mobile radio service insofar	1722
as such provider is engaged in the provision of commercial mobile	1723
radio service. However, when that exclusion no longer is in	1724
effect, division (E)(1) of this section shall apply to such a	1725
provider.	1726

(3) The attorney general may initiate criminal proceedings	1727
for a prosecution under division (C) of section 1345.99 of the	1728
Revised Code by presenting evidence of criminal violations to the	1729
prosecuting attorney of any county in which the offense may be	1730
prosecuted. If the prosecuting attorney does not prosecute the	1731
violations, or at the request of the prosecuting attorney, the	1732
attorney general may proceed in the prosecution with all the	1733
rights, privileges, and powers conferred by law on prosecuting	1734
attorneys, including the power to appear before grand juries and	1735
to interrogate witnesses before grand juries.	1736

(F) Concerning a consumer transaction in connection with a	1737
residential mortgage, and without limiting the scope of division	1738
(A) or (B) of this section, the act of a supplier in doing either	1739
of the following is deceptive:	1740

(1) Knowingly failing to provide disclosures required under	1741
state and federal law;	1742

(2) Knowingly providing a disclosure that includes a material	1743
misrepresentation.	1744

(G) Without limiting the scope of division (A) of this	1745
section, the failure of a supplier to obtain or maintain any	1746
registration, license, bond, or insurance required by state law or	1747
local ordinance for the supplier to engage in the supplier's trade	1748
or profession is an unfair or deceptive act or practice.	1749

Sec. 1345.03. (A) No supplier shall commit an unconscionable	1750
act or practice in connection with a consumer transaction. Such an	1751
unconscionable act or practice by a supplier violates this section	1752
whether it occurs before, during, or after the transaction.	1753

(B) In determining whether an act or practice is	1754
unconscionable, the following circumstances shall be taken into	1755
consideration:	1756

(1) Whether the supplier has knowingly taken advantage of the	1757
inability of the consumer reasonably to protect the consumer's	1758
interests because of the consumer's physical or mental	1759
infirmities, ignorance, illiteracy, or inability to understand the	1760
language of an agreement;	1761

(2) Whether the supplier knew at the time the consumer	1762
transaction was entered into that the price was substantially in	1763
excess of the price at which similar property or services were	1764
readily obtainable in similar consumer transactions by like	1765
consumers;	1766

(3) Whether the supplier knew at the time the consumer	1767
transaction was entered into of the inability of the consumer to	1768
receive a substantial benefit from the subject of the consumer	1769
transaction;	1770

(4) Whether the supplier knew at the time the consumer	1771
transaction was entered into that there was no reasonable	1772
probability of payment of the obligation in full by the consumer;	1773

(5) Whether the supplier required the consumer to enter into	1774
a consumer transaction on terms the supplier knew were	1775
substantially one-sided in favor of the supplier;	1776

(6) Whether the supplier knowingly made a misleading	1777
statement of opinion on which the consumer was likely to rely to	1778
the consumer's detriment;	1779

(7) Whether the supplier has, without justification, refused	1780
to make a refund in cash or by check for a returned item that was	1781
purchased with cash or by check, unless the supplier had	1782
conspicuously posted in the establishment at the time of the sale	1783
a sign stating the supplier's refund policy.	1784

(C) This section does not apply to a consumer transaction in	1785
connection with the origination of a residential mortgage.	1786

Sec. 1345.031. (A) No supplier shall commit an	1787
unconscionable act or practice concerning a consumer transaction	1788
in connection with the origination of a residential mortgage. Such	1789
an unconscionable act or practice by a supplier violates this	1790
section whether it occurs before, during, or after the	1791
transaction.	1792

(B) For purposes of division (A) of this section, the	1793
following acts or practices of a supplier in connection with such	1794
a transaction are unconscionable:	1795

(1) Arranging for or making a mortgage loan that provides for	1796
an interest rate applicable after default that is higher than the	1797
interest rate that applies before default, excluding rates of	1798
interest for judgments applicable to the mortgage loan under	1799
section 1343.02 or 1343.03 of the Revised Code and also excluding	1800
interest rate changes in a variable rate loan transaction	1801
otherwise consistent with the provisions of the loan documents;	1802

(2) Engaging in a pattern or practice of providing consumer	1803
transactions to consumers based predominantly on the supplier's	1804
realization of the foreclosure or liquidation value of the	1805
consumer's collateral without regard to the consumer's ability to	1806
repay the loan in accordance with its terms, provided that the	1807
supplier may use any reasonable method to determine a borrower's	1808
ability to repay;	1809

(3) Making a consumer transaction that permits the creditor	1810
to demand repayment of the outstanding balance of a mortgage loan,	1811
in advance of the original maturity date unless the creditor does	1812
so in good faith due to the consumer's failure to abide by the	1813
material terms of the loan.	1814

(4) Knowingly replacing, refinancing, or consolidating a zero	1815
interest rate or other low-rate mortgage loan made by a	1816
governmental or nonprofit lender with another loan unless the	1817
current holder of the loan consents in writing to the refinancing	1818
and the consumer presents written certification from a ~~third-~~	1819
~~party~~third-party nonprofit organization counselor approved by the	1820
United States department of housing and urban development or the	1821
superintendent of financial institutions that the consumer	1822
received counseling on the advisability of the loan transaction.	1823
For purposes of division (B)(4) of this section, a "low-rate	1824
mortgage loan" means a mortgage loan that carries a current	1825
interest rate two percentage points or more below the current	1826
yield on United States treasury securities with a comparable	1827
maturity. If the loan's current interest rate is either a	1828
discounted introductory rate or a rate that automatically steps up	1829
over time, the fully indexed rate or the fully stepped-up rate, as	1830
applicable, shall be used, in lieu of the current rate, to	1831
determine whether a loan is a low-rate mortgage loan.	1832

(5) Instructing the consumer to ignore the supplier's written	1833
information regarding the interest rate and dollar value of points	1834
because they would be lower for the consumer's consumer	1835
transaction;	1836

(6) Recommending or encouraging a consumer to default on a	1837
mortgage or any consumer transaction or revolving credit loan	1838
agreement;. This practice also shall constitute an unconscionable	1839
act or practice in connection with a consumer transaction under	1840
section 1345.03 of the Revised Code.	1841

(7) Charging a late fee more than once with respect to a	1842
single late payment. If a late payment fee is deducted from a	1843
payment made on the loan and such deduction causes a subsequent	1844
default on a subsequent payment, no late payment fee may be	1845
imposed for such default. If a late payment fee has been imposed	1846
once with respect to a particular late payment, no such fee may be	1847
imposed with respect to any future payment that would have been	1848
timely and sufficient but for the previous default. This practice	1849
also shall constitute an unconscionable act or practice in	1850
connection with a consumer transaction under section 1345.03 of	1851
the Revised Code.	1852

(8) Failing to disclose to the consumer at the closing of the	1853
consumer transaction that a consumer is not required to complete a	1854
consumer transaction merely because the consumer has received	1855
prior estimates of closing costs or has signed an application and	1856
should not close a loan transaction that contains different terms	1857
and conditions than those the consumer was promised;	1858

(9) Arranging for or making a consumer transaction that	1859
includes terms under which more than two periodic payments	1860
required under the consumer transaction are consolidated and paid	1861
in advance from the loan proceeds provided to the consumer;	1862

(10) Knowingly compensating, instructing, inducing, coercing,	1863
or intimidating, or attempting to compensate, instruct, induce,	1864
coerce, or intimidate, a person licensed or certified under	1865
Chapter 4763. of the Revised Code for the purpose of corrupting or	1866
improperly influencing the independent judgment of the person with	1867
respect to the value of the dwelling offered as security for	1868
repayment of a mortgage loan;	1869

(11) Financing, directly or indirectly, any credit, life,	1870
disability, or unemployment insurance premiums, any other life or	1871
health insurance premiums, or any debt collection agreement.	1872
Insurance premiums calculated and paid on a monthly basis shall	1873
not be considered financed by the lender.	1874

(12) Knowingly or intentionally engaging in the act or	1875
practice of "flipping" a mortgage loan. "Flipping" a mortgage loan	1876
is making a mortgage loan that refinances an existing mortgage	1877
loan when the new loan does not have reasonable, tangible net	1878
benefit to the consumer considering all of the circumstances,	1879
including the terms of both the new and refinanced loans, the cost	1880
of the new loan, and the consumer's circumstances. This provision	1881
applies regardless of whether the interest rate, points, fees, and	1882
charges paid or payable by the consumer in connection with the	1883
refinancing exceed any thresholds specified in any section of the	1884
Revised Code.	1885

(13) Knowingly taking advantage of the inability of the	1886
consumer to reasonably protect the consumer's interests because of	1887
the consumer's known physical or mental infirmities or illiteracy;	1888

(14) Entering into the consumer transaction knowing there was	1889
no reasonable probability of payment of the obligation by the	1890
consumer;	1891

(15) Attempting to enforce, by means not limited to a court	1892
action, a prepayment penalty in violation of division (C)(2) of	1893
section 1343.011 of the Revised Code;. This practice also shall	1894
constitute an unconscionable act or practice in connection with a	1895
consumer transaction under section 1345.03 of the Revised Code.	1896

(16) Engaging in an act or practice deemed unconscionable by	1897
rules adopted by the attorney general pursuant to division (B)(2)	1898
of section 1345.05 of the Revised Code.	1899

(C)(1) Any unconscionable arbitration clause, unconscionable	1900
clause requiring the consumer to pay the supplier's attorney's	1901
fees, or unconscionable liquidated damages clause included in a	1902
mortgage loan contract is unenforceable.	1903

(2) No supplier shall do either of the following:

1904

(a) Attempt to enforce, by means not limited to a court	1905
action, any clause described in division (C)(1) of this section;	1906

(b) By referring to such a clause, attempt to induce the	1907
consumer to take any action desired by the supplier.	1908

Sec. 1345.05. (A) The attorney general shall:

1909

(1) Adopt, amend, and repeal procedural rules;

1910

(2) Adopt as a rule a description of the organization of the	1911
attorney general's office, stating the general courses and methods	1912
of operation of the section of the office of the attorney general,	1913
which is to administer Chapter 1345. of the Revised Code and	1914
methods whereby the public may obtain information or make	1915
submissions or requests, including a description of all forms and	1916
instructions used by that office;	1917

(3) Make available for public inspection all rules and all	1918
other written statements of policy or interpretations adopted or	1919
used by the attorney general in the discharge of the attorney	1920
general's functions, ~~together with~~any assurance of voluntary	1921
compliance accepted by the attorney general pursuant to division	1922
(F)(2) of section 1345.06 of the Revised Code, and all judgments,	1923
including supporting opinions, by courts of this state that	1924
determine the rights of the parties and concerning which appellate	1925
remedies have been exhausted, or lost by the expiration of the	1926
time for appeal, determining that specific acts or practices	1927
violate section 1345.02, 1345.03, or 1345.031 of the Revised Code;	1928

(4) Inform consumers and suppliers on a continuing basis of	1929
acts or practices that violate Chapter 1345. of the Revised Code	1930
by, among other things, publishing an informational document	1931
describing acts and practices in connection with residential	1932
mortgages that are unfair, deceptive, or unconscionable, and by	1933
making that information available on the attorney general's	1934
official web site;	1935

(5) Cooperate with state and local officials, officials of	1936
other states, and officials of the federal government in the	1937
administration of comparable statutes;	1938

(6) Report annually on or before the thirty-first day of	1939
January to the governor and the general assembly on the operations	1940
of the attorney general in respect to Chapter 1345. of the Revised	1941
Code, and on the acts or practices occurring in this state that	1942
violate such chapter. The report shall include a statement of	1943
investigatory and enforcement procedures and policies, of the	1944
number of investigations and enforcement proceedings instituted	1945
and of their disposition, and of other activities of the state and	1946
of other persons to promote the purposes of Chapter 1345. of the	1947
Revised Code.	1948

(7) In carrying out official duties, the attorney general	1949
shall not disclose publicly the identity of suppliers investigated	1950
or the facts developed in investigations unless these matters have	1951
become a matter of public record in enforcement proceedings, in	1952
public hearings conducted pursuant to division (B)(1) of this	1953
section, or the suppliers investigated have consented in writing	1954
to public disclosure.	1955

(B) The attorney general may:

1956

(1) Conduct research, make inquiries, hold public hearings,	1957
and publish studies relating to consumer transactions;	1958

(2) Adopt, amend, and repeal substantive rules defining with	1959
reasonable specificity acts or practices that violate sections	1960
1345.02, 1345.03, and 1345.031 of the Revised Code. In adopting,	1961
amending, or repealing substantive rules defining acts or	1962
practices that violate section 1345.02 of the Revised Code, due	1963
consideration and great weight shall be given to federal trade	1964
commission orders, trade regulation rules and guides, and the	1965
federal courts' interpretations of subsection 45(a)(1) of the	1966
"Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A.	1967
41, as amended.	1968

In adopting, amending, or repealing such rules concerning a	1969
consumer transaction in connection with a residential mortgage,	1970
the attorney general shall consult with the superintendent of	1971
financial institutions and shall give due consideration to state	1972
and federal statutes, regulations, administrative agency	1973
interpretations, and case law.	1974

(C) In the conduct of public hearings authorized by this	1975
section, the attorney general may administer oaths, subpoena	1976
witnesses, adduce evidence, and require the production of relevant	1977
material. Upon failure of a person without lawful excuse to obey a	1978
subpoena or to produce relevant matter, the attorney general may	1979
apply to a court of common pleas for an order compelling	1980
compliance.	1981

(D) The attorney general may request that an individual who	1982
refuses to testify or to produce relevant material on the ground	1983
that the testimony or matter may incriminate the individual be	1984
ordered by the court to provide the testimony or matter. With the	1985
exception of a prosecution for perjury and an action for damages	1986
under section 1345.07 or 1345.09 of the Revised Code, an	1987
individual who complies with a court order to provide testimony or	1988
matter, after asserting a privilege against self incrimination to	1989
which the individual is entitled by law, shall not be subjected to	1990
a criminal proceeding on the basis of the testimony or matter	1991
discovered through that testimony or matter.	1992

(E) Any person may petition the attorney general requesting	1993
the adoption, amendment, or repeal of a rule. The attorney general	1994
shall prescribe by rule the form for such petitions and the	1995
procedure for their submission, consideration, and disposition.	1996
Within sixty days of submission of a petition, the attorney	1997
general shall either deny the petition in writing, stating the	1998
reasons for the denial, or initiate rule-making proceedings. There	1999
is no right to appeal from such denial of a petition.	2000

(F) All rules shall be adopted subject to Chapter 119. of the	2001
Revised Code.	2002

(G) The informational document published in accordance with	2003
division (A)(4) of this section shall be made available for	2004
distribution to consumers who are applying for a mortgage loan. An	2005
acknowledgement of receipt shall be retained by the lender,	2006
mortgage broker, and loan officer, as applicable, subject to	2007
review by the attorney general and the department of commerce.	2008

Sec. 1345.06. (A) If, by ~~his~~the attorney general's own	2009
inquiries or as a result of complaints, the attorney general has	2010
reasonable cause to believe that a person has engaged or is	2011
engaging in an act or practice that violates Chapter 1345. of the	2012
Revised Code, hethe attorney general may investigate.	2013

(B) For this purpose, the attorney general may administer	2014
oaths, subpoena witnesses, adduce evidence, and require the	2015
production of relevant matter.	2016

If matter that the attorney general requires to be produced	2017
is located outside the state, hethe attorney general may	2018
designate representatives, including officials of the state in	2019
which the matter is located, to inspect the matter on ~~his~~the	2020
attorney general's behalf, and hethe attorney general may respond	2021
to similar requests from officials of other states. The person	2022
subpoenaed may make the matter available to the attorney general	2023
at a convenient location within the state or pay the reasonable	2024
and necessary expenses for the attorney general or ~~his~~the	2025
attorney general's representative to examine the matter at the	2026
place where it is located, provided that expenses shall not be	2027
charged to a party not subsequently found to have engaged in an	2028
act or practice violative of Chapter 1345. of the Revised Code.	2029

(C) Within twenty days after a subpoena has been served, a	2030
motion to extend the return day, or to modify or quash the	2031
subpoena, stating good cause, may be filed in the court of common	2032
pleas of Franklin county or the county in which the person served	2033
resides or has ~~his~~the person's principal place of business.	2034

(D) A person subpoenaed under this section shall comply with	2035
the terms of the subpoena, unless the parties agree to modify the	2036
terms of the subpoena or unless the court has modified or quashed	2037
the subpoena, extended the return day of the subpoena, or issued	2038
any other order with respect to the subpoena prior to its return	2039
day.	2040

If a person fails without lawful excuse to obey a subpoena or	2041
to produce relevant matter, the attorney general may apply to the	2042
court of common pleas of the county in which the person subpoenaed	2043
resides or has ~~his~~the person's principal place of business for an	2044
order compelling compliance.	2045

(E) The attorney general may request that an individual who	2046
refuses to testify or to produce relevant matter on the ground	2047
that the testimony or matter may incriminate ~~him~~the individual be	2048
ordered by the court to provide the testimony or matter. With the	2049
exception of a prosecution for perjury and an action for damages	2050
under section 1345.07 or 1345.09 of the Revised Code, an	2051
individual who complies with a court order to provide testimony or	2052
matter, after asserting a privilege against self-incrimination to	2053
which hethe individual is entitled by law, shall not be subjected	2054
to a criminal proceeding or to a civil penalty or forfeiture on	2055
the basis of the testimony or matter required to be disclosed or	2056
testimony or matter discovered through that testimony or matter.	2057

(F) The attorney general may:

2058

(1) During an investigation under this section, afford, in a	2059
manner considered appropriate to ~~him~~to the attorney general, a	2060
supplier an opportunity to cease and desist from any suspected	2061
violation. HeThe attorney general may suspend ~~his~~such an	2062
investigation during the time period that hethe attorney general	2063
permits the supplier to cease and desist; however, the suspension	2064
of the investigation or the affording of an opportunity to cease	2065
and desist shall not prejudice or prohibit any further	2066
investigation by the attorney general under this section.	2067

(2) Terminate an investigation under this section upon	2068
acceptance of a written assurance of voluntary compliance from a	2069
supplier who is suspected of a violation of this chapter.	2070

Acceptance of an assurance may be conditioned upon an	2071
undertaking to reimburse or to take other appropriate corrective	2072
action with respect to identifiable consumers damaged by an	2073
alleged violation of this chapter. An assurance of compliance	2074
given by a supplier is not evidence of violation of this chapter.	2075
The attorney general may, at any time, reopen an investigation	2076
terminated by the acceptance of an assurance of voluntary	2077
compliance, if hethe attorney general believes that further	2078
proceedings are in the public interest. Evidence of a violation of	2079
an assurance of voluntary compliance is prima-facie evidence of an	2080
act or practice in violation of this chapter, if presented after	2081
the violation in an action brought under this chapter. An	2082
assurance of voluntary compliance may be filed with the court and	2083
if approved by the court, entered as a consent judgment. Any	2084
assurance of voluntary compliance accepted by the attorney general	2085
pursuant to this division shall be made available for public	2086
inspection in accordance with division (A)(3) of section 1345.05	2087
of the Revised Code.	2088

(G) The procedures available to the attorney general under	2089
this section are cumulative and concurrent, and the exercise of	2090
one procedure by the attorney general does not preclude or require	2091
the exercise of any other procedure.	2092

Sec. 1345.07. (A) If the attorney general, by the attorney	2093
general's own inquiries or as a result of complaints, has	2094
reasonable cause to believe that a supplier has engaged or is	2095
engaging in an act or practice that violates this chapter, and	2096
that the action would be in the public interest, the attorney	2097
general may bring any of the following:	2098

(1) An action to obtain a declaratory judgment that the act	2099
or practice violates section 1345.02, 1345.03, or 1345.031 of the	2100
Revised Code;	2101

(2)(a) An action, with notice as required by Civil Rule 65,	2102
to obtain a temporary restraining order, preliminary injunction,	2103
or permanent injunction to restrain the act or practice. If the	2104
attorney general shows by a preponderance of the evidence that the	2105
supplier has violated or is violating section 1345.02, 1345.03, or	2106
1345.031 of the Revised Code, the court may issue a temporary	2107
restraining order, preliminary injunction, or permanent injunction	2108
to restrain and prevent the act or practice.	2109

(b)(i) Except as provided in division (A)(2)(b)(ii) of this	2110
section, on motion of the attorney general, or on its own motion,	2111
the court may impose a civil penalty of not more than five	2112
thousand dollars for each day of violation of a temporary	2113
restraining order, preliminary injunction, or permanent injunction	2114
issued under this section, if the supplier received notice of the	2115
action. The civil penalties shall be paid as provided in division	2116
(G) of this section.	2117

(ii) If the court issues under this section a temporary	2118
restraining order, preliminary injunction, or permanent injunction	2119
to restrain and prevent an act or practice that is a violation of	2120
section 1345.02 and division (A) of section 1349.81 of the Revised	2121
Code, on motion of the attorney general, or on its own motion, the	2122
court may impose a civil penalty of not less than five thousand	2123
dollars and not more than fifteen thousand dollars for each day of	2124
violation of the temporary restraining order, preliminary	2125
injunction, or permanent injunction, if the supplier received	2126
notice of the action. The civil penalties shall be paid as	2127
provided in division (G) of this section.	2128

(c) Upon the commencement of an action under division (A)(2)	2129
of this section against a supplier who operates under a license,	2130
permit, certificate, commission, or other authorization issued by	2131
the supreme court or by a board, commission, department, division,	2132
or other agency of this state, the attorney general shall	2133
immediately notify the supreme court or agency that such an action	2134
has been commenced against the supplier.	2135

(3) A class action under Civil Rule 23, as amended, on behalf	2136
of consumers who have engaged in consumer transactions in this	2137
state for damage caused by:	2138

(a) An act or practice enumerated in division (B) or, (D), or	2139
(G) of section 1345.02 of the Revised Code;	2140

(b) Violation of a rule adopted under division (B)(2) of	2141
section 1345.05 of the Revised Code before the consumer	2142
transaction on which the action is based;	2143

(c) An act or practice determined by a court of this state to	2144
violate section 1345.02, 1345.03, or 1345.031 of the Revised Code	2145
and committed after the decision containing the determination has	2146
been made available for public inspection under division (A)(3) of	2147
section 1345.05 of the Revised Code.	2148

(B) On motion of the attorney general and without bond, in	2149
the attorney general's action under this section, the court may	2150
make appropriate orders, including appointment of a referee or a	2151
receiver, for sequestration of assets, to reimburse consumers	2152
found to have been damaged, to carry out a transaction in	2153
accordance with a consumer's reasonable expectations, to strike or	2154
limit the application of unconscionable clauses of contracts so as	2155
to avoid an unconscionable result, or to grant other appropriate	2156
relief. The court may assess the expenses of a referee or receiver	2157
against the supplier.	2158

(C) Any moneys or property recovered by the attorney general	2159
in an action under this section that cannot with due diligence	2160
within five years be restored by a referee to consumers shall be	2161
unclaimed funds reportable under Chapter 169. of the Revised Code.	2162

(D) In addition to the other remedies provided in this	2163
section, if the violation is an act or practice that was declared	2164
to be unfair, deceptive, or unconscionable by rule adopted	2165
pursuant to division (B)(2) of section 1345.05 of the Revised Code	2166
before the consumer transaction on which the action is based	2167
occurred or an act or practice that was determined by a court of	2168
this state to violate section 1345.02, 1345.03, or 1345.031 of the	2169
Revised Code and committed after the decision containing the	2170
court's determination was made available for public inspection	2171
pursuant to division (A)(3) of section 1345.05 of the Revised	2172
Code, the attorney general may request and the court may impose a	2173
civil penalty of not more than twenty-five thousand dollars	2174
against the supplier. The civil penalties shall be paid as	2175
provided in division (G) of this section.	2176

(E) No action may be brought by the attorney general under	2177
this section to recover for a transaction more than two years	2178
after the occurrence of a violation.	2179

(F) If a court determines that provision has been made for	2180
reimbursement or other appropriate corrective action, insofar as	2181
practicable, with respect to all consumers damaged by a violation,	2182
or in any other appropriate case, the attorney general, with court	2183
approval, may terminate enforcement proceedings brought by the	2184
attorney general upon acceptance of an assurance from the supplier	2185
of voluntary compliance with Chapter 1345. of the Revised Code,	2186
with respect to the alleged violation. The assurance shall be	2187
filed with the court and entered as a consent judgment. Except as	2188
provided in division (A) of section 1345.10 of the Revised Code, a	2189
consent judgment is not evidence of prior violation of such	2190
chapter. Disregard of the terms of a consent judgment entered upon	2191
an assurance shall be treated as a violation of an injunction	2192
issued under this section.	2193

(G) Civil penalties ordered pursuant to divisions (A) and (D)	2194
of this section shall be paid as follows: one-fourth of the amount	2195
to the treasurer of the county in which the action is brought and	2196
three-fourths to the consumer protection enforcement fund created	2197
by section 1345.51 of the Revised Code.	2198

(H) The remedies available to the attorney general under this	2199
section are cumulative and concurrent, and the exercise of one	2200
remedy by the attorney general does not preclude or require the	2201
exercise of any other remedy. The attorney general is not required	2202
to use any procedure set forth in section 1345.06 of the Revised	2203
Code prior to the exercise of any remedy set forth in this	2204
section.	2205

Sec. 1345.21. As used in sections 1345.21 to 1345.28 of the	2206
Revised Code:	2207

(A) "Home solicitation sale" means a sale of consumer goods	2208
or services in which the seller or a person acting for the seller	2209
engages in a personal solicitation of the sale at a residence of	2210
the buyer, including solicitations in response to or following an	2211
invitation by the buyer, and the buyer's agreement or offer to	2212
purchase is there given to the seller or a person acting for the	2213
seller, or in which the buyer's agreement or offer to purchase is	2214
made at a place other than the seller's place of business. It does	2215
not include a transaction or transactions in which:	2216

(1) The total purchase price to be paid by the buyer, whether	2217
under single or multiple contracts, is less than twenty-five	2218
dollars;	2219

(2) The transaction was conducted and consummated entirely by	2220
mail or by telephone if initiated by the buyer, and without any	2221
other contact between the seller or the seller's representative	2222
prior to the delivery of goods or performance of the service;	2223

(3) The final agreement is made pursuant to prior	2224
negotiations in the course of a visit by the buyer to a retail	2225
business establishment having a fixed permanent location where the	2226
goods are exhibited or the services are offered for sale on a	2227
continuing basis;	2228

(4) The buyer initiates the contact between the parties for	2229
the purpose of negotiating a purchase and the seller has a	2230
business establishment at a fixed location in this state where the	2231
goods or services involved in the transaction are regularly	2232
offered or exhibited for sale.	2233

Advertisements by such a seller in newspapers, magazines,	2234
catalogues, radio, or television do not constitute the seller	2235
initiation of the contact.	2236

(5) The buyer initiates the contact between the parties, the	2237
goods or services are needed to meet a bona fide immediate	2238
personal emergency of the buyer which will jeopardize the welfare,	2239
health, or safety of natural persons, or endanger property which	2240
the buyer owns or for which the buyer is responsible, and the	2241
buyer furnishes the seller with a separate, dated, and signed	2242
statement in the buyer's handwriting describing the situation	2243
requiring immediate remedy and expressly acknowledging and waiving	2244
the right to cancel the sale within three business days;	2245

(6) The buyer has initiated the contact between the parties	2246
and specifically requested the seller to visit the buyer's home	2247
for the purpose of repairing or performing maintenance upon the	2248
buyer's personal property. If, in the course of such a visit, the	2249
seller sells the buyer additional services or goods other than	2250
replacement parts necessarily used in performing the maintenance	2251
or in making the repairs, the sale of those additional goods or	2252
services does not fall within this exclusion.	2253

(7) The buyer is accorded the right of rescission by the	2254
"Consumer Credit Protection Act," (1968) 82 Stat. 152, 15 U.S.C.	2255
1635, or regulations adopted pursuant to it.	2256

(B) "Sale" includes a lease or rental.

2257

(C) "Seller" includes a lessor or anyone offering goods for	2258
rent.	2259

(D) "Buyer" includes a lessee or anyone who gives a	2260
consideration for the privilege of using goods.	2261

(E) "Consumer goods or services" means goods or services	2262
purchased, leased, or rented primarily for personal, family, or	2263
household purposes, including courses or instruction or training	2264
regardless of the purpose for which they are taken.	2265

(F) "Consumer goods or services" does not include goods or	2266
services pertaining to any of the following:	2267

(1) Sales or rentals of real property by a real estate broker	2268
or salesperson, or by a foreign real estate dealer or salesperson,	2269
who is licensed by the Ohio real estate commission under Chapter	2270
4735. of the Revised Code;	2271

(2) The sale of securities or commodities by a broker-dealer	2272
registered with the securities and exchange commission;	2273

(3) The sale of securities or commodities by a securities	2274
dealer or salesperson licensed by the division of securities under	2275
Chapter 1707. of the Revised Code;	2276

(4) The sale of insurance by a person licensed by the	2277
superintendent of insurance;	2278

(5) Goods sold or services provided by automobile dealers and	2279
salespersons licensed by the registrar of motor vehicles under	2280
Chapter 4517. of the Revised Code;	2281

(6) The sale of property at an auction by an auctioneer	2282
licensed by the department of agriculture under Chapter 4707. of	2283
the Revised Code.	2284

(G) "Purchase price" means the total cumulative price of the	2285
consumer goods or services, including all interest and service	2286
charges.	2287

(H) "Place of business" means the main office, or a permanent	2288
branch office or permanent local address of a seller.	2289

(I) "Business day" means any calendar day except Sunday, or	2290
the following business holidays: New Year's day, Martin Luther	2291
King day, Presidents' day, Memorial day, Independence day, Labor	2292
day, Columbus day, Veterans day, Thanksgiving day, and Christmas	2293
day.	2294

Sec. 1345.22. In addition to any right otherwise to revoke	2295
an offer, the buyer has the right to cancel a home solicitation	2296
sale until midnight of the third business day after the day on	2297
which the buyer signs an agreement or offer to purchase.	2298
Cancellation is evidenced by the buyer giving written notice of	2299
cancellation to the seller at the seller's address, electronic	2300
mail address, or facsimile number stated in the agreement or offer	2301
to purchase. The buyer ~~may~~shall deliver the notice by certified	2302
mail delivery, return receipt requested, ~~telegram,~~ manual	2303
delivery, ~~or other~~ personal delivery, facsimile transmission, or	2304
electronic mail. ~~Written notice~~Notice of cancellation by	2305
certified mail shall be effective upon the date of post marking.	2306
~~Telegram delivery is effective when the telegram is ordered.~~	2307
Manual delivery or other personal delivery is effective when	2308
delivered to the seller or to the seller's address, whichever	2309
comes first. Facsimile delivery is effective when the facsimile	2310
transmission has been sent to the seller's facsimile number and	2311
the consumer has received confirmation of the facsimile	2312
transmission. Electronic mail delivery is effective when the	2313
electronic mail has been sent to the seller's electronic mail	2314
address. Notice of cancellation need not take a particular form	2315
and is sufficient if it indicates, by any form of written	2316
expression, the intention of the buyer not to be bound by the home	2317
solicitation sale. Notice of buyer's right to cancel must appear	2318
on all notes or other evidence of indebtedness given pursuant to	2319
any home solicitation sale.	2320

Where a home solicitation sale requires a seller to provide	2321
services, hethe seller shall not commence performance of such	2322
services during the time in which the buyer may cancel.	2323

Sec. 1345.23. (A) Every home solicitation sale shall be	2324
evidenced by a written agreement or offer to purchase in the same	2325
language as that principally used in the oral sales presentation	2326
and shall contain the name and address of the seller. The seller	2327
shall present the writing to the buyer and obtain the buyer's	2328
signature to it. The writing shall state the date on which the	2329
buyer actually signs. The seller shall leave with the buyer a copy	2330
of the writing which has been signed by the seller and complies	2331
with division (B) of this section.	2332

(B) In connection with every home ~~soliciation~~solicitation	2333
sale:	2334

(1) The following statement shall appear clearly and	2335
conspicuously on the copy of the contract left with the buyer in	2336
bold-face type of the minimum size of ten points, in substantially	2337
the following form and in immediate proximity to the space	2338
reserved in the contract for the signature of the buyer: "You, the	2339
buyer, may cancel this transaction at any time prior to midnight	2340
of the third ~~businesss~~business day after the date of this	2341
transaction. See the attached notice of cancellation for an	2342
explanation of this right."	2343

(2) A completed form, in duplicate, captioned "notice of	2344
cancellation", shall be attached to the contract signed by the	2345
buyer and be easily detachable, and shall contain in ten-point,	2346
bold-face type, the following information and statements in the	2347
same language as that used in the contract:	2348

NOTICE OF CANCELLATION	2349

	(enter date of transaction)		2350
	...........................		2351
	(Date)		2352

You may cancel this transaction, without any penalty or	2353
obligation, within three business days from the above date.	2354

If you cancel, any property traded in, any payments made by you	2355
under the contract or sale, and any negotiable instrument executed	2356
by you will be returned within ten business days following receipt	2357
by the seller of your cancellation notice, and any security	2358
interest arising out of the transaction will be cancelled.	2359

If you cancel, you must make available to the seller at your	2360
residence, in substantially as good condition as when received,	2361
any goods delivered to you under this contract or sale; or you may	2362
if you wish, comply with the instructions of the seller regarding	2363
the return shipment of the goods at the seller's expense and risk.	2364

If you do make the goods available to the seller and the seller	2365
does not pick them up within twenty days of the date of your	2366
notice of cancellation, you may retain or dispose of the goods	2367
without any further obligation. If you fail to make the goods	2368
available to the seller, or if you agree to return the goods to	2369
the seller and fail to do so, then you remain liable for	2370
performance of all obligations under the contract.	2371

To cancel this transaction, mail, with return receipt requested,	2372
or deliver, in person or manually, a signed and dated copy of this	2373
cancellation notice or any other written notice of cancellation,	2374
or send ~~a telegram~~ notice by facsimile transmission or electronic	2375
mail, to ............... (Name of seller), at ...............	2376
(address, electronic mail address, or facsimile number of seller's	2377
place of business) not later than midnight of ........ (Date)	2378

I hereby cancel this transaction.	2379

...............		2380
Date		2381
	(Buyer's signature)	2382
	..............................	2383

(3) Before furnishing copies of the notice of cancellation to	2384
the buyer, the seller shall complete both copies by entering the	2385
name of the seller, the address, electronic mail address, or	2386
facsimile number of the seller's place of business, the date of	2387
the transaction which is the date the buyer signed the contract	2388
and the date, not earlier than the third business day following	2389
the date of the transaction, by which the buyer may give notice of	2390
cancellation.	2391

(4) A home solicitation sales contract which contains the	2392
notice of buyer's right to cancel and notice of cancellation in	2393
the form and language provided in the federal trade commission's	2394
trade regulation rule providing a cooling-off period for	2395
door-to-door sales shall be deemed to comply with the requirements	2396
of divisions (B)(1), (2), and (3) of this section with respect to	2397
the form and language of such notices so long as the federal trade	2398
commission language provides at least equal information to the	2399
consumer concerning ~~his~~the consumer's right to cancel as is	2400
required by divisions (B)(1), (2), and (3) of this section.	2401

(C) Until the seller has complied with divisions (A) and (B)	2402
of this section the buyer may cancel the home solicitation sale by	2403
~~notifying~~delivering to the seller by ~~mailing, delivering, or~~	2404
~~telegraphing~~certified mail, return receipt requested, personal or	2405
manual delivery, facsimile transmission, or electronic mail,	2406
written notice to the seller of ~~his~~the buyer's intention to	2407
cancel. The three-day period prescribed by section 1345.22 of the	2408
Revised Code begins to run from the time the seller complies with	2409
divisions (A) and (B) of this section.	2410

(D) In connection with any home solicitation sale, no seller	2411
shall:	2412

(1) Include in any home solicitation sales contract, any	2413
confession of judgment or any waiver of any rights to which the	2414
buyer is entitled under this section, including specifically ~~his~~	2415
the buyer's right to cancel the sale in accordance with this	2416
section.	2417

(2) Fail to inform each buyer orally, at the time ~~he signs~~of	2418
signing the contract for the goods or services, of ~~his~~the buyer's	2419
right to cancel.	2420

(3) Misrepresent in any manner the buyer's right to cancel.

2421

(4) Fail or refuse to honor any valid notice of cancellation	2422
by a buyer and within ten business days after receipt of such	2423
notice to:	2424

(a) Refund all payments made under the contract or sale;

2425

(b) Return any goods or property traded in, in substantially	2426
as good condition as when received by the seller;	2427

(c) Cancel and return any note, negotiable instrument, or	2428
other evidence of indebtedness executed by the buyer in connection	2429
with the contract or sale and take any action necessary or	2430
appropriate to reflect the termination of any security interest or	2431
lien created under the sale or offer to purchase.	2432

(5) Negotiate, transfer, sell, or assign any note or other	2433
evidence of indebtedness to a finance company or other third party	2434
prior to midnight of the fifth business day following the day the	2435
contract for the goods or services was signed.	2436

(6) Fail to notify the buyer, within ten business days of	2437
receipt of the buyer's notice of cancellation, whether the seller	2438
intends to repossess or abandon any shipped or delivered goods.	2439

Sec. 1345.24. In a home solicitation sale, the seller shall	2440
retain, for the period in which an action to enforce the sale	2441
could be commenced, any notice of cancellation made pursuant to	2442
section 1345.22 of the Revised Code. The seller shall also retain	2443
~~the~~any envelope in which ~~any~~a notice of cancellation is sent or	2444
delivered. If the date of delivery is not indicated or recorded on	2445
the notice of cancellation or on the envelope, the seller shall	2446
record the date of delivery on the notice of cancellation.	2447

Sec. 1345.43. ~~(A)~~ In addition to any right otherwise to	2448
revoke an offer or to terminate or cancel a sale or contract, the	2449
buyer has the right to cancel a prepaid entertainment contract	2450
until midnight of the third business day after the date on which	2451
the first service under the contract is available, and if the	2452
facility or service that is the subject of the contract is not	2453
available at the time that the buyer signs the contract, the buyer	2454
has until midnight of the seventh business day after the date on	2455
which the first service under the contract is available to cancel	2456
the contract. Cancellation is evidenced by the buyer giving	2457
written notice of cancellation to the seller at the address of any	2458
facility available for use by the buyer under the contract, the	2459
seller's electronic mail address, or the seller's facsimile	2460
number. The buyer shall deliver the notice by ~~telegram,~~ manual	2461
delivery, personal delivery, or by certified mail delivery, return	2462
receipt requested, electronic mail, or facsimile transmission.	2463
Notice of cancellation by certified mail delivery shall be	2464
effective upon the date of post marking. ~~Telegram~~Electronic mail	2465
delivery is effective when the ~~telegram~~electronic mail is	2466
~~ordered~~sent to the seller's electronic mail address. Facsimile	2467
delivery is effective when the facsimile is sent to the seller's	2468
facsimile number and the consumer has received confirmation of the	2469
facsimile transmission. Manual delivery or personal delivery is	2470
effective when delivered to the seller or to the seller's address,	2471
whichever comes first. Notice of cancellation need not take a	2472
particular form and is sufficient if it indicates, by any form of	2473
written expression, the intention of the buyer not to be bound by	2474
the contract. Notice of the buyer's right to cancel must appear on	2475
all notes or other evidence of indebtedness given pursuant to any	2476
prepaid entertainment contract.	2477

Sec. 1345.44. (A) Every prepaid entertainment contract shall	2478
state the date on which the buyer actually signs. The seller shall	2479
give the buyer a copy of the contract that has been signed by the	2480
seller and complies with division (B) of this section.	2481

(B) All of the following apply to any prepaid entertainment	2482
contract:	2483

(1) A completed form, in duplicate, captioned "notice of	2484
cancellation," shall be attached to the contract signed by the	2485
buyer and be easily detachable and shall contain in ten-point	2486
boldface type, the following statement:	2487

"NOTICE OF CANCELLATION	2488

(Enter date of contract)	2489

...........................................................	2490

(Date)	2491

You may cancel this contract for any reason at any time prior	2492
to midnight of the third business day after the date on which the	2493
first service under the contract is available, and if the facility	2494
or services that is the subject of the contract is not available	2495
when you sign the contract, you may cancel the contract at any	2496
time prior to midnight of the seventh business day after the date	2497
on which you receive your first service under the contract. If you	2498
cancel within this period, the seller must send you a full refund	2499
of any money you have paid, except that a reasonable expense fee	2500
not to exceed ten dollars may be charged if you have received your	2501
first service under the contract. The seller must also cancel and	2502
return to you within twenty business days any papers that you have	2503
signed.	2504

To cancel this contract you must deliver in person, manually,	2505
or by certified mail, return receipt requested, or by facsimile	2506
transmission, the signed and dated copy of this cancellation	2507
notice or any other written notice of cancellation, or send a	2508
~~telegram~~an electronic mail message, to (name of seller), at (the	2509
address of any facility of the seller available for use by ~~you~~	2510
the buyer, the seller's facsimile number, or the seller's	2511
electronic mail address) not later than midnight of the third	2512
business day after the date on which the first service under the	2513
contract is available, and if the facility or service that is the	2514
subject of the contract is not available when the contract was	2515
signed, not later than midnight of the seventh business day after	2516
the date on which the first service under the contract is	2517
available.	2518

I hereby cancel this contract.	2519

....................	2520

(Date)

2521

....................

(Buyer's signature)"

(2) Before furnishing copies of the notice of cancellation to	2522
the buyer, the seller shall complete both copies by entering the	2523
name of the seller, the address of the ~~seller's place of business~~	2524
facility available for use by the buyer, the seller's facsimile	2525
number, or the seller's electronic mail address, and the date of	2526
the contract.	2527

(C) Until the seller has complied with this section, the	2528
buyer may cancel the contract by delivering to the seller by	2529
certified mail, personal or manual delivery, facsimile	2530
transmission, or ~~telegraphing~~electronic mail, written notice to	2531
the seller of ~~his~~the buyer's intention to cancel. The period	2532
within which the buyer may cancel the contract prescribed by this	2533
section begins to run from the time of the seller complies with	2534
divisions (A) and (B) of this section.	2535

(D) In any prepaid entertainment contract no seller shall:

2536

(1) Include in any contract, any confession of judgment or	2537
any waiver of any rights to which the buyer is entitled under this	2538
section, including specifically ~~his~~the right to cancel the	2539
contract in accordance with this section;	2540

(2) Fail to inform each buyer orally, at the time ~~he signs~~of	2541
signing the contract, of ~~his~~the right to cancel;	2542

(3) Misrepresent in any manner the buyer's right to cancel;

2543

(4) Fail or refuse to honor any valid notice of cancellation	2544
by a buyer and within ten business days after receipt of the	2545
notice to:	2546

(a) Refund all payments made under the contract, except that	2547
if the buyer has received ~~his~~the buyer's first service under the	2548
contract the seller may retain or bill the buyer for ten dollars;	2549

(b) Cancel and return any note, negotiable instrument, or	2550
other evidence of indebtedness executed by the buyer in connection	2551
with the contract and take any action necessary to reflect the	2552
termination of any security interest or lien created under the	2553
contract;	2554

(c) Notify the buyer if the seller intends to repossess or	2555
abandon any evidence of membership or other goods provided to the	2556
buyer by the seller pursuant to the contract.	2557

(E) If there is in effect an earlier prepaid entertainment	2558
contract, this section and section 1345.43 of the Revised Code	2559
apply to a transaction in which the seller and the buyer enter	2560
into a new prepaid entertainment contract, or a modification of	2561
the earlier contract.	2562

Sec. 2151.419. (A)(1) Except as provided in division (A)(2)	2563
of this section, at any hearing held pursuant to section 2151.28,	2564
division (E) of section 2151.31, or section 2151.314, 2151.33, or	2565
2151.353 of the Revised Code at which the court removes a child	2566
from the child's home or continues the removal of a child from the	2567
child's home, the court shall determine whether the public	2568
children services agency or private child placing agency that	2569
filed the complaint in the case, removed the child from home, has	2570
custody of the child, or will be given custody of the child has	2571
made reasonable efforts to prevent the removal of the child from	2572
the child's home, to eliminate the continued removal of the child	2573
from the child's home, or to make it possible for the child to	2574
return safely home. The agency shall have the burden of proving	2575
that it has made those reasonable efforts. If the agency removed	2576
the child from home during an emergency in which the child could	2577
not safely remain at home and the agency did not have prior	2578
contact with the child, the court is not prohibited, solely	2579
because the agency did not make reasonable efforts during the	2580
emergency to prevent the removal of the child, from determining	2581
that the agency made those reasonable efforts. In determining	2582
whether reasonable efforts were made, the child's health and	2583
safety shall be paramount.	2584

(2) If any of the following apply, the court shall make a	2585
determination that the agency is not required to make reasonable	2586
efforts to prevent the removal of the child from the child's home,	2587
eliminate the continued removal of the child from the child's	2588
home, and return the child to the child's home:	2589

(a) The parent from whom the child was removed has been	2590
convicted of or pleaded guilty to one of the following:	2591

(i) An offense under section 2903.01, 2903.02, or 2903.03 of	2592
the Revised Code or under an existing or former law of this state,	2593
any other state, or the United States that is substantially	2594
equivalent to an offense described in those sections and the	2595
victim of the offense was a sibling of the child or the victim was	2596
another child who lived in the parent's household at the time of	2597
the offense;	2598

(ii) An offense under section 2903.11, 2903.12, or 2903.13 of	2599
the Revised Code or under an existing or former law of this state,	2600
any other state, or the United States that is substantially	2601
equivalent to an offense described in those sections and the	2602
victim of the offense is the child, a sibling of the child, or	2603
another child who lived in the parent's household at the time of	2604
the offense;	2605

(iii) An offense under division (B)(2) of section 2919.22 of	2606
the Revised Code or under an existing or former law of this state,	2607
any other state, or the United States that is substantially	2608
equivalent to the offense described in that section and the child,	2609
a sibling of the child, or another child who lived in the parent's	2610
household at the time of the offense is the victim of the offense;	2611

(iv) An offense under section 2907.02, 2907.03, 2907.04,	2612
2907.05, or 2907.06 of the Revised Code or under an existing or	2613
former law of this state, any other state, or the United States	2614
that is substantially equivalent to an offense described in those	2615
sections and the victim of the offense is the child, a sibling of	2616
the child, or another child who lived in the parent's household at	2617
the time of the offense;	2618

(v) A conspiracy or attempt to commit, or complicity in	2619
committing, an offense described in division (A)(2)(a)(i) or (iv)	2620
of this section;	2621

(vi) An offense under section 2905.32 of the Revised Code or	2622
under an existing or former law of this state, any other state, or	2623
the United States that is substantially equivalent to the offense	2624
described in that section and the child, a sibling of the child,	2625
or another child who lived in the parent's household at the time	2626
of the offense is the victim of the offense.	2627

(b) The parent from whom the child was removed has repeatedly	2628
withheld medical treatment or food from the child when the parent	2629
has the means to provide the treatment or food. If the parent has	2630
withheld medical treatment in order to treat the physical or	2631
mental illness or defect of the child by spiritual means through	2632
prayer alone, in accordance with the tenets of a recognized	2633
religious body, the court or agency shall comply with the	2634
requirements of division (A)(1) of this section.	2635

(c) The parent from whom the child was removed has placed the	2636
child at substantial risk of harm two or more times due to alcohol	2637
or drug abuse and has rejected treatment two or more times or	2638
refused to participate in further treatment two or more times	2639
after a case plan issued pursuant to section 2151.412 of the	2640
Revised Code requiring treatment of the parent was journalized as	2641
part of a dispositional order issued with respect to the child or	2642
an order was issued by any other court requiring such treatment of	2643
the parent.	2644

(d) The parent from whom the child was removed has abandoned	2645
the child.	2646

(e) The parent from whom the child was removed has had	2647
parental rights involuntarily terminated with respect to a sibling	2648
of the child pursuant to section 2151.353, 2151.414, or 2151.415	2649
of the Revised Code or under an existing or former law of this	2650
state, any other state, or the United States that is substantially	2651
equivalent to those sections.	2652

(3) At any hearing in which the court determines whether to	2653
return a child to the child's home, the court may issue an order	2654
that returns the child in situations in which the conditions	2655
described in divisions (A)(2)(a) to (e) of this section are	2656
present.	2657

(B)(1) A court that is required to make a determination as	2658
described in division (A)(1) or (2) of this section shall issue	2659
written findings of fact setting forth the reasons supporting its	2660
determination. If the court makes a written determination under	2661
division (A)(1) of this section, it shall briefly describe in the	2662
findings of fact the relevant services provided by the agency to	2663
the family of the child and why those services did not prevent the	2664
removal of the child from the child's home or enable the child to	2665
return safely home.	2666

(2) If a court issues an order that returns the child to the	2667
child's home in situations in which division (A)(2)(a), (b), (c),	2668
(d), or (e) of this section applies, the court shall issue written	2669
findings of fact setting forth the reasons supporting its	2670
determination.	2671

(C) If the court makes a determination pursuant to division	2672
(A)(2) of this section, the court shall conduct a review hearing	2673
pursuant to section 2151.417 of the Revised Code to approve a	2674
permanency plan with respect to the child, unless the court issues	2675
an order returning the child home pursuant to division (A)(3) of	2676
this section. The hearing to approve the permanency plan may be	2677
held immediately following the court's determination pursuant to	2678
division (A)(2) of this section and shall be held no later than	2679
thirty days following that determination.	2680

Sec. 2743.191. (A)(1) There is hereby created in the state	2681
treasury the reparations fund, which shall be used only for the	2682
following purposes:	2683

(a) The payment of awards of reparations that are granted by	2684
the attorney general;	2685

(b) The compensation of any personnel needed by the attorney	2686
general to administer sections 2743.51 to 2743.72 of the Revised	2687
Code;	2688

(c) The compensation of witnesses as provided in division (J)	2689
of section 2743.65 of the Revised Code;	2690

(d) Other administrative costs of hearing and determining	2691
claims for an award of reparations by the attorney general;	2692

(e) The costs of administering sections 2907.28 and 2969.01	2693
to 2969.06 of the Revised Code;	2694

(f) The costs of investigation and decision-making as	2695
certified by the attorney general;	2696

(g) The provision of state financial assistance to victim	2697
assistance programs in accordance with sections 109.91 and 109.92	2698
of the Revised Code;	2699

(h) The costs of paying the expenses of sex offense-related	2700
examinations and antibiotics pursuant to section 2907.28 of the	2701
Revised Code;	2702

(i) The cost of printing and distributing the pamphlet	2703
prepared by the attorney general pursuant to section 109.42 of the	2704
Revised Code;	2705

(j) Subject to division (D) of section 2743.71 of the Revised	2706
Code, the costs associated with the printing and providing of	2707
information cards or other printed materials to law enforcement	2708
agencies and prosecuting authorities and with publicizing the	2709
availability of awards of reparations pursuant to section 2743.71	2710
of the Revised Code;	2711

(k) The payment of costs of administering a DNA specimen	2712
collection procedure pursuant to sections 2152.74 and 2901.07 of	2713
the Revised Code, of performing DNA analysis of those DNA	2714
specimens, and of entering the resulting DNA records regarding	2715
those analyses into the DNA database pursuant to section 109.573	2716
of the Revised Code;	2717

(l) The payment of actual costs associated with initiatives	2718
by the attorney general for the apprehension, prosecution, and	2719
accountability of offenders, and the enhancing of services to	2720
crime victims. The amount of payments made pursuant to division	2721
(A)(1)(l) of this section during any given fiscal year shall not	2722
exceed five per cent of the balance of the reparations fund at the	2723
close of the immediately previous fiscal year;	2724

(m) The costs of administering the adult parole authority's	2725
supervision pursuant to division (E) of section 2971.05 of the	2726
Revised Code of sexually violent predators who are sentenced to a	2727
prison term pursuant to division (A)(3) of section 2971.03 of the	2728
Revised Code and of offenders who are sentenced to a prison term	2729
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	2730
(c), or (B)(3)(a), (b), (c), or (d) of that section;	2731

(n) Subject to the limit set forth in those sections, the	2732
costs of the installation and monitoring of an electronic	2733
monitoring device used in the monitoring of a respondent pursuant	2734
to an electronic monitoring order issued by a court under division	2735
(E)(1)(b) of section 2151.34 or division (E)(1)(b) of section	2736
2903.214 of the Revised Code if the court determines that the	2737
respondent is indigent or used in the monitoring of an offender	2738
pursuant to an electronic monitoring order issued under division	2739
(B)(5) of section 2919.27 of the Revised Code if the court	2740
determines that the offender is indigent.	2741

(2) All costs paid pursuant to section 2743.70 of the Revised	2742
Code, the portions of license reinstatement fees mandated by	2743
division (F)(2)(b) of section 4511.191 of the Revised Code to be	2744
credited to the fund, the portions of the proceeds of the sale of	2745
a forfeited vehicle specified in division (C)(2) of section	2746
4503.234 of the Revised Code, payments collected by the department	2747
of rehabilitation and correction from prisoners who voluntarily	2748
participate in an approved work and training program pursuant to	2749
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	2750
all moneys collected by the state pursuant to its right of	2751
subrogation provided in section 2743.72 of the Revised Code shall	2752
be deposited in the fund.	2753

(B) In making an award of reparations, the attorney general	2754
shall render the award against the state. The award shall be	2755
accomplished only through the following procedure, and the	2756
following procedure may be enforced by writ of mandamus directed	2757
to the appropriate official:	2758

(1) The attorney general shall provide for payment of the	2759
claimant or providers in the amount of the award only if the	2760
amount of the award is fifty dollars or more.	2761

(2) The expense shall be charged against all available	2762
unencumbered moneys in the fund.	2763

(3) If sufficient unencumbered moneys do not exist in the	2764
fund, the attorney general shall make application for payment of	2765
the award out of the emergency purposes account or any other	2766
appropriation for emergencies or contingencies, and payment out of	2767
this account or other appropriation shall be authorized if there	2768
are sufficient moneys greater than the sum total of then pending	2769
emergency purposes account requests or requests for releases from	2770
the other appropriations.	2771

(4) If sufficient moneys do not exist in the account or any	2772
other appropriation for emergencies or contingencies to pay the	2773
award, the attorney general shall request the general assembly to	2774
make an appropriation sufficient to pay the award, and no payment	2775
shall be made until the appropriation has been made. The attorney	2776
general shall make this appropriation request during the current	2777
biennium and during each succeeding biennium until a sufficient	2778
appropriation is made. If, prior to the time that an appropriation	2779
is made by the general assembly pursuant to this division, the	2780
fund has sufficient unencumbered funds to pay the award or part of	2781
the award, the available funds shall be used to pay the award or	2782
part of the award, and the appropriation request shall be amended	2783
to request only sufficient funds to pay that part of the award	2784
that is unpaid.	2785

(C) The attorney general shall not make payment on a decision	2786
or order granting an award until all appeals have been determined	2787
and all rights to appeal exhausted, except as otherwise provided	2788
in this section. If any party to a claim for an award of	2789
reparations appeals from only a portion of an award, and a	2790
remaining portion provides for the payment of money by the state,	2791
that part of the award calling for the payment of money by the	2792
state and not a subject of the appeal shall be processed for	2793
payment as described in this section.	2794

(D) The attorney general shall prepare itemized bills for the	2795
costs of printing and distributing the pamphlet the attorney	2796
general prepares pursuant to section 109.42 of the Revised Code.	2797
The itemized bills shall set forth the name and address of the	2798
persons owed the amounts set forth in them.	2799

(E) Interest earned on the moneys in the fund shall be	2800
credited to the fund.	2801

(F) As used in this section, "DNA analysis" and "DNA	2802
specimen" have the same meanings as in section 109.573 of the	2803
Revised Code.	2804

Sec. 2743.56. (A) A claim for an award of reparations shall	2805
be commenced by filing an application for an award of reparations	2806
with the attorney general. The application may be filed by mail.	2807
If the application is filed by mail, the post-marked date of the	2808
application shall be considered the filing date of the	2809
application. The application shall be in a form prescribed by the	2810
attorney general and shall include a release authorizing the	2811
attorney general and the court of claims to obtain any report,	2812
document, or information that relates to the determination of the	2813
claim for an award of reparations that is requested in the	2814
application.	2815

(B) All applications for an award of reparations ~~shall~~may be	2816
filed ~~as follows:~~	2817

~~(1) If the victim of the criminally injurious conduct was a~~	2818
~~minor, within two years of the victim's eighteenth birthday or~~	2819
~~within two years from the date a complaint, indictment, or~~	2820
~~information is filed against the alleged offender, whichever is~~	2821
~~later. This division does not require that a complaint,~~	2822
~~indictment, or information be filed against an alleged offender in~~	2823
~~order for an application for an award of reparations to be filed~~	2824
~~pertaining to a victim who was a minor if the application is filed~~	2825
~~within two years of the victim's eighteenth birthday, and does not~~	2826
~~affect the provisions of section 2743.64 of the Revised Code.~~	2827

~~(2) If the victim of the criminally injurious conduct was an~~	2828
~~adult,~~ at any time after the occurrence of the criminally	2829
injurious conduct.	2830

Sec. 2743.71. (A) Any law enforcement agency that	2831
investigates, and any prosecuting attorney, city director of law,	2832
village solicitor, or similar prosecuting authority who	2833
prosecutes, an offense committed in this state shall, upon first	2834
contact with the victim or the victim's family or dependents, give	2835
the victim or the victim's family or dependents a copy of an	2836
information card or other printed material provided by the	2837
attorney general pursuant to division (B) of this section and	2838
explain, upon request, the information on the card or material to	2839
the victim or the victim's family or dependents.	2840

(B) The attorney general shall have printed, and shall	2841
provide to law enforcement agencies, prosecuting attorneys, city	2842
directors of law, village solicitors, and similar prosecuting	2843
authorities, cards or other materials that contain information	2844
explaining awards of reparations. The information on the cards or	2845
other materials shall include, but shall not be limited to, the	2846
following statements:	2847

(1) Awards of reparations are limited to losses that are	2848
caused by physical injury resulting from criminally injurious	2849
conduct;	2850

(2) Reparations applications ~~are required to~~may be filed	2851
~~within two years~~at any time after the ~~date~~occurrence of the	2852
criminally injurious conduct ~~if the victim was an adult, or within~~	2853
~~the period provided by division (C)(1) of section 2743.56 of the~~	2854
~~Revised Code if the victim of the criminally injurious conduct was~~	2855
~~a minor~~;	2856

(3) An attorney who represents an applicant for an award of	2857
reparations cannot charge the applicant for the services rendered	2858
in relation to that representation but is required to apply to the	2859
attorney general for payment for the representation;	2860

(4) Applications for awards of reparations may be obtained	2861
from the attorney general, law enforcement agencies, and victim	2862
assistance agencies and are to be filed with the attorney general.	2863

(C) The attorney general may order that a reasonable amount	2864
of money be paid out of the reparations fund, subject to the	2865
limitation imposed by division (D) of this section, for use by the	2866
attorney general to publicize the availability of awards of	2867
reparations.	2868

(D) During any fiscal year, the total expenditure for the	2869
printing and providing of information cards or other materials	2870
pursuant to division (B) of this section and for the publicizing	2871
of the availability of awards of reparations pursuant to division	2872
(C) of this section shall not exceed two per cent of the total of	2873
all court costs deposited, in accordance with section 2743.70 of	2874
the Revised Code, in the reparations fund during the immediately	2875
preceding fiscal year.	2876

Sec. 2746.02. A court of record of this state shall tax as	2877
costs or otherwise require the payment of fees for the following	2878
services rendered, as compensation for the following persons, or	2879
as part of the sentence imposed by the court, or any other of the	2880
following fees that are applicable in a particular case:	2881

(A) In a felony case, financial sanctions, as provided in	2882
section 2929.18 of the Revised Code;	2883

(B) In any criminal case, the costs of prosecution, as	2884
provided in section 2947.23 of the Revised Code;	2885

(C) In a misdemeanor case in which the offender is sentenced	2886
to a jail term, the local detention facility is covered by a	2887
policy adopted by the facility's governing authority requiring	2888
reimbursement for the costs of confinement, and the offender is	2889
presented with an itemized bill pursuant to section 2929.37 of the	2890
Revised Code for such costs, the costs of confinement, as provided	2891
in section 2929.24 of the Revised Code;	2892

(D) In a case in which an offender is sentenced for	2893
endangering children in violation of section 2919.22 of the	2894
Revised Code, the costs of the offender's supervised community	2895
service work, as provided in section 2919.22 of the Revised Code;	2896

(E) In a case in which a defendant is charged with any of	2897
certain sexual assault or prostitution-related offenses and is	2898
found to be suffering from a venereal disease in an infectious	2899
stage, the cost of medical treatment, as provided in section	2900
2907.27 of the Revised Code;	2901

(F) In a case in which a defendant is charged with harassment	2902
with a bodily substance, the cost of medical testing, as provided	2903
in section 2921.38 of the Revised Code;	2904

(G) In a case in which a defendant is charged with violating	2905
a protection order in violation of section 2919.27 of the Revised	2906
Code or of a municipal ordinance that is substantially similar to	2907
that section, the costs of any evaluation and preceding	2908
examination of the defendant, as provided in section 2919.271 of	2909
the Revised Code;	2910

(H) Presentence psychological or psychiatric reports, as	2911
provided in section 2947.06 of the Revised Code;	2912

(I) In a criminal proceeding, the taking of a deposition of a	2913
person who is imprisoned in a detention facility or state	2914
correctional institution within this state or who is in the	2915
custody of the department of youth services, as provided in	2916
section 2945.47 of the Revised Code;	2917

(J) In a case in which a person is convicted of or pleads	2918
guilty to any offense other than a parking violation or in which a	2919
child is found to be a delinquent child or a juvenile traffic	2920
offender for an act that, if committed by an adult, would be an	2921
offense other than a parking violation, additional costs and bail,	2922
if applicable, as provided in sections 2743.70 and 2949.091 of the	2923
Revised Code, but subject to waiver as provided in section	2924
2949.092 of the Revised Code;	2925

(K) In a case in which a person is convicted of or pleads	2926
guilty to a moving violation or in which a child is found to be a	2927
juvenile traffic offender for an act which, if committed by an	2928
adult, would be a moving violation, additional costs and bail, if	2929
applicable, as provided in sections 2949.093 and 2949.094 of the	2930
Revised Code, but subject to waiver as provided in section	2931
2949.092 of the Revised Code;	2932

(L) In a case in which a defendant is convicted of abandoning	2933
a junk vessel or outboard motor without notifying the appropriate	2934
law enforcement officer, the cost incurred by the state or a	2935
political subdivision in disposing of the vessel or motor, as	2936
provided in section 1547.99 of the Revised Code;	2937

(M) The costs of electronic monitoring in the following	2938
cases:	2939

(1) In a misdemeanor case in which the offender is convicted	2940
of any of certain prostitution-related offenses and a	2941
specification under section 2941.1421 of the Revised Code, as	2942
provided in section 2929.24 of the Revised Code;	2943

(2) In a case in which the court issues a criminal protection	2944
order against a minor upon a petition alleging that the respondent	2945
committed any of certain assault, menacing, or trespass offenses,	2946
a sexually oriented offense, or an offense under a municipal	2947
ordinance that is substantially equivalent to any of those	2948
offenses, as provided in section 2151.34 of the Revised Code;	2949

(3) In a case in which the court issues a protection order	2950
against an adult upon a petition alleging that the respondent	2951
committed menacing by stalking or a sexually oriented offense, as	2952
provided in section 2903.214 of the Revised Code;	2953

(4) In a case in which an offender is convicted of violating	2954
a protection order, as provided in section 2919.27 of the Revised	2955
Code;	2956

(5) In a case in which the offender is convicted of any	2957
sexually oriented offense and is a tier III sex	2958
offender/child-victim offender relative to that offense, as	2959
provided in section 2929.13 of the Revised Code.	2960

(N) In a proceeding for post-conviction relief, a transcript,	2961
as provided in section 2953.21 of the Revised Code;	2962

(O) In a proceeding for the sealing of a conviction record,	2963
the ~~fee~~fees provided for in section 2953.32 of the Revised Code.	2964

Sec. 2901.01. (A) As used in the Revised Code:

2965

(1) "Force" means any violence, compulsion, or constraint	2966
physically exerted by any means upon or against a person or thing.	2967

(2) "Deadly force" means any force that carries a substantial	2968
risk that it will proximately result in the death of any person.	2969

(3) "Physical harm to persons" means any injury, illness, or	2970
other physiological impairment, regardless of its gravity or	2971
duration.	2972

(4) "Physical harm to property" means any tangible or	2973
intangible damage to property that, in any degree, results in loss	2974
to its value or interferes with its use or enjoyment. "Physical	2975
harm to property" does not include wear and tear occasioned by	2976
normal use.	2977

(5) "Serious physical harm to persons" means any of the	2978
following:	2979

(a) Any mental illness or condition of such gravity as would	2980
normally require hospitalization or prolonged psychiatric	2981
treatment;	2982

(b) Any physical harm that carries a substantial risk of	2983
death;	2984

(c) Any physical harm that involves some permanent	2985
incapacity, whether partial or total, or that involves some	2986
temporary, substantial incapacity;	2987

(d) Any physical harm that involves some permanent	2988
disfigurement or that involves some temporary, serious	2989
disfigurement;	2990

(e) Any physical harm that involves acute pain of such	2991
duration as to result in substantial suffering or that involves	2992
any degree of prolonged or intractable pain.	2993

(6) "Serious physical harm to property" means any physical	2994
harm to property that does either of the following:	2995

(a) Results in substantial loss to the value of the property	2996
or requires a substantial amount of time, effort, or money to	2997
repair or replace;	2998

(b) Temporarily prevents the use or enjoyment of the property	2999
or substantially interferes with its use or enjoyment for an	3000
extended period of time.	3001

(7) "Risk" means a significant possibility, as contrasted	3002
with a remote possibility, that a certain result may occur or that	3003
certain circumstances may exist.	3004

(8) "Substantial risk" means a strong possibility, as	3005
contrasted with a remote or significant possibility, that a	3006
certain result may occur or that certain circumstances may exist.	3007

(9) "Offense of violence" means any of the following:

3008

(a) A violation of section 2903.01, 2903.02, 2903.03,	3009
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,	3010
2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03,	3011
2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11,	3012
2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04,	3013
2921.34, or 2923.161, of division (A)(1) of section 2903.34, of	3014
division (A)(1), (2), or (3) of section 2911.12, or of division	3015
(B)(1), (2), (3), or (4) of section 2919.22 of the Revised Code or	3016
felonious sexual penetration in violation of former section	3017
2907.12 of the Revised Code;	3018

(b) A violation of an existing or former municipal ordinance	3019
or law of this or any other state or the United States,	3020
substantially equivalent to any section, division, or offense	3021
listed in division (A)(9)(a) of this section;	3022

(c) An offense, other than a traffic offense, under an	3023
existing or former municipal ordinance or law of this or any other	3024
state or the United States, committed purposely or knowingly, and	3025
involving physical harm to persons or a risk of serious physical	3026
harm to persons;	3027

(d) A conspiracy or attempt to commit, or complicity in	3028
committing, any offense under division (A)(9)(a), (b), or (c) of	3029
this section.	3030

(10)(a) "Property" means any property, real or personal,	3031
tangible or intangible, and any interest or license in that	3032
property. "Property" includes, but is not limited to, cable	3033
television service, other telecommunications service,	3034
telecommunications devices, information service, computers, data,	3035
computer software, financial instruments associated with	3036
computers, other documents associated with computers, or copies of	3037
the documents, whether in machine or human readable form, trade	3038
secrets, trademarks, copyrights, patents, and property protected	3039
by a trademark, copyright, or patent. "Financial instruments	3040
associated with computers" include, but are not limited to,	3041
checks, drafts, warrants, money orders, notes of indebtedness,	3042
certificates of deposit, letters of credit, bills of credit or	3043
debit cards, financial transaction authorization mechanisms,	3044
marketable securities, or any computer system representations of	3045
any of them.	3046

(b) As used in division (A)(10) of this section, "trade	3047
secret" has the same meaning as in section 1333.61 of the Revised	3048
Code, and "telecommunications service" and "information service"	3049
have the same meanings as in section 2913.01 of the Revised Code.	3050

(c) As used in divisions (A)(10) and (13) of this section,	3051
"cable television service," "computer," "computer software,"	3052
"computer system," "computer network," "data," and	3053
"telecommunications device" have the same meanings as in section	3054
2913.01 of the Revised Code.	3055

(11) "Law enforcement officer" means any of the following:

3056

(a) A sheriff, deputy sheriff, constable, police officer of a	3057
township or joint police district, marshal, deputy marshal,	3058
municipal police officer, member of a police force employed by a	3059
metropolitan housing authority under division (D) of section	3060
3735.31 of the Revised Code, or state highway patrol trooper;	3061

(b) An officer, agent, or employee of the state or any of its	3062
agencies, instrumentalities, or political subdivisions, upon whom,	3063
by statute, a duty to conserve the peace or to enforce all or	3064
certain laws is imposed and the authority to arrest violators is	3065
conferred, within the limits of that statutory duty and authority;	3066

(c) A mayor, in the mayor's capacity as chief conservator of	3067
the peace within the mayor's municipal corporation;	3068

(d) A member of an auxiliary police force organized by	3069
county, township, or municipal law enforcement authorities, within	3070
the scope of the member's appointment or commission;	3071

(e) A person lawfully called pursuant to section 311.07 of	3072
the Revised Code to aid a sheriff in keeping the peace, for the	3073
purposes and during the time when the person is called;	3074

(f) A person appointed by a mayor pursuant to section 737.01	3075
of the Revised Code as a special patrolling officer during riot or	3076
emergency, for the purposes and during the time when the person is	3077
appointed;	3078

(g) A member of the organized militia of this state or the	3079
armed forces of the United States, lawfully called to duty to aid	3080
civil authorities in keeping the peace or protect against domestic	3081
violence;	3082

(h) A prosecuting attorney, assistant prosecuting attorney,	3083
secret service officer, or municipal prosecutor;	3084

(i) A veterans' home police officer appointed under section	3085
5907.02 of the Revised Code;	3086

(j) A member of a police force employed by a regional transit	3087
authority under division (Y) of section 306.35 of the Revised	3088
Code;	3089

(k) A special police officer employed by a port authority	3090
under section 4582.04 or 4582.28 of the Revised Code;	3091

(l) The house of representatives sergeant at arms if the	3092
house of representatives sergeant at arms has arrest authority	3093
pursuant to division (E)(1) of section 101.311 of the Revised Code	3094
and an assistant house of representatives sergeant at arms;	3095

(m) The senate sergeant at arms and an assistant senate	3096
sergeant at arms;	3097

(n) A special police officer employed by a municipal	3098
corporation at a municipal airport, or other municipal air	3099
navigation facility, that has scheduled operations, as defined in	3100
section 119.3 of Title 14 of the Code of Federal Regulations, 14	3101
C.F.R. 119.3, as amended, and that is required to be under a	3102
security program and is governed by aviation security rules of the	3103
transportation security administration of the United States	3104
department of transportation as provided in Parts 1542. and 1544.	3105
of Title 49 of the Code of Federal Regulations, as amended.	3106

(12) "Privilege" means an immunity, license, or right	3107
conferred by law, bestowed by express or implied grant, arising	3108
out of status, position, office, or relationship, or growing out	3109
of necessity.	3110

(13) "Contraband" means any property that is illegal for a	3111
person to acquire or possess under a statute, ordinance, or rule,	3112
or that a trier of fact lawfully determines to be illegal to	3113
possess by reason of the property's involvement in an offense.	3114
"Contraband" includes, but is not limited to, all of the	3115
following:	3116

(a) Any controlled substance, as defined in section 3719.01	3117
of the Revised Code, or any device or paraphernalia;	3118

(b) Any unlawful gambling device or paraphernalia;

3119

3120

(14) A person is "not guilty by reason of insanity" relative	3121
to a charge of an offense only if the person proves, in the manner	3122
specified in section 2901.05 of the Revised Code, that at the time	3123
of the commission of the offense, the person did not know, as a	3124
result of a severe mental disease or defect, the wrongfulness of	3125
the person's acts.	3126

(B)(1)(a) Subject to division (B)(2) of this section, as used	3127
in any section contained in Title XXIX of the Revised Code that	3128
sets forth a criminal offense, "person" includes all of the	3129
following:	3130

(i) An individual, corporation, business trust, estate,	3131
trust, partnership, and association;	3132

(ii) An unborn human who is viable.

3133

(b) As used in any section contained in Title XXIX of the	3134
Revised Code that does not set forth a criminal offense, "person"	3135
includes an individual, corporation, business trust, estate,	3136
trust, partnership, and association.	3137

3138

(i) "Unborn human" means an individual organism of the	3139
species Homo sapiens from fertilization until live birth.	3140

(ii) "Viable" means the stage of development of a human fetus	3141
at which there is a realistic possibility of maintaining and	3142
nourishing of a life outside the womb with or without temporary	3143
artificial life-sustaining support.	3144

(2) Notwithstanding division (B)(1)(a) of this section, in no	3145
case shall the portion of the definition of the term "person" that	3146
is set forth in division (B)(1)(a)(ii) of this section be applied	3147
or construed in any section contained in Title XXIX of the Revised	3148
Code that sets forth a criminal offense in any of the following	3149
manners:	3150

(a) Except as otherwise provided in division (B)(2)(a) of	3151
this section, in a manner so that the offense prohibits or is	3152
construed as prohibiting any pregnant woman or her physician from	3153
performing an abortion with the consent of the pregnant woman,	3154
with the consent of the pregnant woman implied by law in a medical	3155
emergency, or with the approval of one otherwise authorized by law	3156
to consent to medical treatment on behalf of the pregnant woman.	3157
An abortion that violates the conditions described in the	3158
immediately preceding sentence may be punished as a violation of	3159
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,	3160
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22	3161
of the Revised Code, as applicable. An abortion that does not	3162
violate the conditions described in the second immediately	3163
preceding sentence, but that does violate section 2919.12,	3164
division (B) of section 2919.13, or section 2919.151, 2919.17, or	3165
2919.18 of the Revised Code, may be punished as a violation of	3166
section 2919.12, division (B) of section 2919.13, or section	3167
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.	3168
Consent is sufficient under this division if it is of the type	3169
otherwise adequate to permit medical treatment to the pregnant	3170
woman, even if it does not comply with section 2919.12 of the	3171
Revised Code.	3172

(b) In a manner so that the offense is applied or is	3173
construed as applying to a woman based on an act or omission of	3174
the woman that occurs while she is or was pregnant and that	3175
results in any of the following:	3176

(i) Her delivery of a stillborn baby;

3177

(ii) Her causing, in any other manner, the death in utero of	3178
a viable, unborn human that she is carrying;	3179

(iii) Her causing the death of her child who is born alive	3180
but who dies from one or more injuries that are sustained while	3181
the child is a viable, unborn human;	3182

(iv) Her causing her child who is born alive to sustain one	3183
or more injuries while the child is a viable, unborn human;	3184

(v) Her causing, threatening to cause, or attempting to	3185
cause, in any other manner, an injury, illness, or other	3186
physiological impairment, regardless of its duration or gravity,	3187
or a mental illness or condition, regardless of its duration or	3188
gravity, to a viable, unborn human that she is carrying.	3189

3190

(1) "School safety zone" consists of a school, school	3191
building, school premises, school activity, and school bus.	3192

(2) "School," "school building," and "school premises" have	3193
the same meanings as in section 2925.01 of the Revised Code.	3194

(3) "School activity" means any activity held under the	3195
auspices of a board of education of a city, local, exempted	3196
village, joint vocational, or cooperative education school	3197
district; a governing authority of a community school established	3198
under Chapter 3314. of the Revised Code; a governing board of an	3199
educational service center, or the governing body of a school for	3200
which the state board of education prescribes minimum standards	3201
under section 3301.07 of the Revised Code.	3202

(4) "School bus" has the same meaning as in section 4511.01	3203
of the Revised Code.	3204

Sec. 2923.02. (A) No person, purposely or knowingly, and	3205
when purpose or knowledge is sufficient culpability for the	3206
commission of an offense, shall engage in conduct that, if	3207
successful, would constitute or result in the offense.	3208

(B) It is no defense to a charge under this section that, in	3209
retrospect, commission of the offense that was the object of the	3210
attempt was either factually or legally impossible under the	3211
attendant circumstances, if that offense could have been committed	3212
had the attendant circumstances been as the actor believed them to	3213
be.	3214

(C) No person who is convicted of committing a specific	3215
offense, of complicity in the commission of an offense, or of	3216
conspiracy to commit an offense shall be convicted of an attempt	3217
to commit the same offense in violation of this section.	3218

(D) It is an affirmative defense to a charge under this	3219
section that the actor abandoned the actor's effort to commit the	3220
offense or otherwise prevented its commission, under circumstances	3221
manifesting a complete and voluntary renunciation of the actor's	3222
criminal purpose.	3223

(E)(1) Whoever violates this section is guilty of an attempt	3224
to commit an offense. An attempt to commit aggravated murder,	3225
murder, or an offense for which the maximum penalty is	3226
imprisonment for life is a felony of the first degree. An attempt	3227
to commit a drug abuse offense for which the penalty is determined	3228
by the amount or number of unit doses of the controlled substance	3229
involved in the drug abuse offense is an offense of the same	3230
degree as the drug abuse offense attempted would be if that drug	3231
abuse offense had been committed and had involved an amount or	3232
number of unit doses of the controlled substance that is within	3233
the next lower range of controlled substance amounts than was	3234
involved in the attempt. An attempt to commit any other offense is	3235
an offense of the next lesser degree than the offense attempted.	3236
In the case of an attempt to commit an offense other than a	3237
violation of Chapter 3734. of the Revised Code that is not	3238
specifically classified, an attempt is a misdemeanor of the first	3239
degree if the offense attempted is a felony, and a misdemeanor of	3240
the fourth degree if the offense attempted is a misdemeanor. In	3241
the case of an attempt to commit a violation of any provision of	3242
Chapter 3734. of the Revised Code, other than section 3734.18 of	3243
the Revised Code, ~~that relates to hazardous wastes,~~ an attempt is	3244
a felony punishable by a fine of not more than twenty-five	3245
thousand dollars or imprisonment for not more than eighteen	3246
months, or both. An attempt to commit a minor misdemeanor, or to	3247
engage in conspiracy, is not an offense under this section.	3248

(2) If a person is convicted of or pleads guilty to attempted	3249
rape and also is convicted of or pleads guilty to a specification	3250
of the type described in section 2941.1418, 2941.1419, or	3251
2941.1420 of the Revised Code, the offender shall be sentenced to	3252
a prison term or term of life imprisonment pursuant to section	3253
2971.03 of the Revised Code.	3254

(3) In addition to any other sanctions imposed pursuant to	3255
division (E)(1) of this section for an attempt to commit	3256
aggravated murder or murder in violation of division (A) of this	3257
section, if the offender used a motor vehicle as the means to	3258
attempt to commit the offense, the court shall impose upon the	3259
offender a class two suspension of the offender's driver's	3260
license, commercial driver's license, temporary instruction	3261
permit, probationary license, or nonresident operating privilege	3262
as specified in division (A)(2) of section 4510.02 of the Revised	3263
Code.	3264

(F) As used in this section:

3265

(1) "Drug abuse offense" has the same meaning as in section	3266
2925.01 of the Revised Code.	3267

(2) "Motor vehicle" has the same meaning as in section	3268
4501.01 of the Revised Code.	3269

Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the	3270
Revised Code:	3271

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

3272

(1) The interest of a person as a beneficiary under a trust	3273
in which the trustee holds title to personal or real property;	3274

(2) The interest of a person as a beneficiary under any other	3275
trust arrangement under which any other person holds title to	3276
personal or real property for the benefit of such person;	3277

(3) The interest of a person under any other form of express	3278
fiduciary arrangement under which any other person holds title to	3279
personal or real property for the benefit of such person.	3280

"Beneficial interest" does not include the interest of a	3281
stockholder in a corporation or the interest of a partner in	3282
either a general or limited partnership.	3283

(B) "Costs of investigation and prosecution" and "costs of	3284
investigation and litigation" mean all of the costs incurred by	3285
the state or a county or municipal corporation under sections	3286
2923.31 to 2923.36 of the Revised Code in the prosecution and	3287
investigation of any criminal action or in the litigation and	3288
investigation of any civil action, and includes, but is not	3289
limited to, the costs of resources and personnel.	3290

(C) "Enterprise" includes any individual, sole	3291
proprietorship, partnership, limited partnership, corporation,	3292
trust, union, government agency, or other legal entity, or any	3293
organization, association, or group of persons associated in fact	3294
although not a legal entity. "Enterprise" includes illicit as well	3295
as licit enterprises.	3296

(D) "Innocent person" includes any bona fide purchaser of	3297
property that is allegedly involved in a violation of section	3298
2923.32 of the Revised Code, including any person who establishes	3299
a valid claim to or interest in the property in accordance with	3300
division (E) of section 2981.04 of the Revised Code, and any	3301
victim of an alleged violation of that section or of any	3302
underlying offense involved in an alleged violation of that	3303
section.	3304

(E) "Pattern of corrupt activity" means two or more incidents	3305
of corrupt activity, whether or not there has been a prior	3306
conviction, that are related to the affairs of the same	3307
enterprise, are not isolated, and are not so closely related to	3308
each other and connected in time and place that they constitute a	3309
single event.	3310

At least one of the incidents forming the pattern shall occur	3311
on or after January 1, 1986. Unless any incident was an aggravated	3312
murder or murder, the last of the incidents forming the pattern	3313
shall occur within six years after the commission of any prior	3314
incident forming the pattern, excluding any period of imprisonment	3315
served by any person engaging in the corrupt activity.	3316

For the purposes of the criminal penalties that may be	3317
imposed pursuant to section 2923.32 of the Revised Code, at least	3318
one of the incidents forming the pattern shall constitute a felony	3319
under the laws of this state in existence at the time it was	3320
committed or, if committed in violation of the laws of the United	3321
States or of any other state, shall constitute a felony under the	3322
law of the United States or the other state and would be a	3323
criminal offense under the law of this state if committed in this	3324
state.	3325

(F) "Pecuniary value" means money, a negotiable instrument, a	3326
commercial interest, or anything of value, as defined in section	3327
1.03 of the Revised Code, or any other property or service that	3328
has a value in excess of one hundred dollars.	3329

(G) "Person" means any person, as defined in section 1.59 of	3330
the Revised Code, and any governmental officer, employee, or	3331
entity.	3332

(H) "Personal property" means any personal property, any	3333
interest in personal property, or any right, including, but not	3334
limited to, bank accounts, debts, corporate stocks, patents, or	3335
copyrights. Personal property and any beneficial interest in	3336
personal property are deemed to be located where the trustee of	3337
the property, the personal property, or the instrument evidencing	3338
the right is located.	3339

(I) "Corrupt activity" means engaging in, attempting to	3340
engage in, conspiring to engage in, or soliciting, coercing, or	3341
intimidating another person to engage in any of the following:	3342

(1) Conduct defined as "racketeering activity" under the	3343
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	3344
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	3345

(2) Conduct constituting any of the following:

3346

(a) A violation of section 1315.55, 1322.02, 1331.04,	3347
2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01,	3348
2905.02, 2905.11, 2905.22, 2905.32 as specified in division	3349
(I)(2)(g) of this section, 2907.321, 2907.322, 2907.323, 2909.02,	3350
2909.03, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28,	3351
2909.29, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31,	3352
2913.05, 2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12,	3353
2921.32, 2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division	3354
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)	3355
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of	3356
section 1707.44; division (A)(1) or (2) of section 2923.20;	3357
division (E) or (G) of section 3772.99; division (J)(1) of section	3358
4712.02; section 4719.02, 4719.05, or 4719.06; division (C), (D),	3359
or (E) of section 4719.07; section 4719.08; or division (A) of	3360
section 4719.09 of the Revised Code.	3361

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	3362
3769.19 of the Revised Code as it existed prior to July 1, 1996,	3363
any violation of section 2915.02 of the Revised Code that occurs	3364
on or after July 1, 1996, and that, had it occurred prior to that	3365
date, would have been a violation of section 3769.11 of the	3366
Revised Code as it existed prior to that date, or any violation of	3367
section 2915.05 of the Revised Code that occurs on or after July	3368
1, 1996, and that, had it occurred prior to that date, would have	3369
been a violation of section 3769.15, 3769.16, or 3769.19 of the	3370
Revised Code as it existed prior to that date.	3371

(c) Any violation of section 2907.21, 2907.22, 2907.31,	3372
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	3373
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	3374
of the Revised Code, any violation of section 2925.11 of the	3375
Revised Code that is a felony of the first, second, third, or	3376
fourth degree and that occurs on or after July 1, 1996, any	3377
violation of section 2915.02 of the Revised Code that occurred	3378
prior to July 1, 1996, any violation of section 2915.02 of the	3379
Revised Code that occurs on or after July 1, 1996, and that, had	3380
it occurred prior to that date, would not have been a violation of	3381
section 3769.11 of the Revised Code as it existed prior to that	3382
date, any violation of section 2915.06 of the Revised Code as it	3383
existed prior to July 1, 1996, or any violation of division (B) of	3384
section 2915.05 of the Revised Code as it exists on and after July	3385
1, 1996, when the proceeds of the violation, the payments made in	3386
the violation, the amount of a claim for payment or for any other	3387
benefit that is false or deceptive and that is involved in the	3388
violation, or the value of the contraband or other property	3389
illegally possessed, sold, or purchased in the violation exceeds	3390
one thousand dollars, or any combination of violations described	3391
in division (I)(2)(c) of this section when the total proceeds of	3392
the combination of violations, payments made in the combination of	3393
violations, amount of the claims for payment or for other benefits	3394
that is false or deceptive and that is involved in the combination	3395
of violations, or value of the contraband or other property	3396
illegally possessed, sold, or purchased in the combination of	3397
violations exceeds one thousand dollars;	3398

(d) Any violation of section 5743.112 of the Revised Code	3399
when the amount of unpaid tax exceeds one hundred dollars;	3400

(e) Any violation or combination of violations of section	3401
2907.32 of the Revised Code involving any material or performance	3402
containing a display of bestiality or of sexual conduct, as	3403
defined in section 2907.01 of the Revised Code, that is explicit	3404
and depicted with clearly visible penetration of the genitals or	3405
clearly visible penetration by the penis of any orifice when the	3406
total proceeds of the violation or combination of violations, the	3407
payments made in the violation or combination of violations, or	3408
the value of the contraband or other property illegally possessed,	3409
sold, or purchased in the violation or combination of violations	3410
exceeds one thousand dollars;	3411

(f) Any combination of violations described in division	3412
(I)(2)(c) of this section and violations of section 2907.32 of the	3413
Revised Code involving any material or performance containing a	3414
display of bestiality or of sexual conduct, as defined in section	3415
2907.01 of the Revised Code, that is explicit and depicted with	3416
clearly visible penetration of the genitals or clearly visible	3417
penetration by the penis of any orifice when the total proceeds of	3418
the combination of violations, payments made in the combination of	3419
violations, amount of the claims for payment or for other benefits	3420
that is false or deceptive and that is involved in the combination	3421
of violations, or value of the contraband or other property	3422
illegally possessed, sold, or purchased in the combination of	3423
violations exceeds one thousand dollars;	3424

(g) Any violation of section 2905.32 of the Revised Code to	3425
the extent the violation is not based solely on the same conduct	3426
that constitutes corrupt activity pursuant to division (I)(2)(c)	3427
of this section due to the conduct being in violation of section	3428
2907.21 of the Revised Code;	3429

(h) Any violation of section 3734.02, 3734.03, 3437.05, or	3430
3734.11 of the Revised Code that is a felony.	3431

(3) Conduct constituting a violation of any law of any state	3432
other than this state that is substantially similar to the conduct	3433
described in division (I)(2) of this section, provided the	3434
defendant was convicted of the conduct in a criminal proceeding in	3435
the other state;	3436

(4) Animal or ecological terrorism;

3437

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

3438

(i) Organized retail theft;

3439

(ii) Conduct that constitutes one or more violations of any	3440
law of any state other than this state, that is substantially	3441
similar to organized retail theft, and that if committed in this	3442
state would be organized retail theft, if the defendant was	3443
convicted of or pleaded guilty to the conduct in a criminal	3444
proceeding in the other state.	3445

(b) By enacting division (I)(5)(a) of this section, it is the	3446
intent of the general assembly to add organized retail theft and	3447
the conduct described in division (I)(5)(a)(ii) of this section as	3448
conduct constituting corrupt activity. The enactment of division	3449
(I)(5)(a) of this section and the addition by division (I)(5)(a)	3450
of this section of organized retail theft and the conduct	3451
described in division (I)(5)(a)(ii) of this section as conduct	3452
constituting corrupt activity does not limit or preclude, and	3453
shall not be construed as limiting or precluding, any prosecution	3454
for a violation of section 2923.32 of the Revised Code that is	3455
based on one or more violations of section 2913.02 or 2913.51 of	3456
the Revised Code, one or more similar offenses under the laws of	3457
this state or any other state, or any combination of any of those	3458
violations or similar offenses, even though the conduct	3459
constituting the basis for those violations or offenses could be	3460
construed as also constituting organized retail theft or conduct	3461
of the type described in division (I)(5)(a)(ii) of this section.	3462

(J) "Real property" means any real property or any interest	3463
in real property, including, but not limited to, any lease of, or	3464
mortgage upon, real property. Real property and any beneficial	3465
interest in it is deemed to be located where the real property is	3466
located.	3467

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

3468

(1) Any person acting as trustee under a trust in which the	3469
trustee holds title to personal or real property;	3470

(2) Any person who holds title to personal or real property	3471
for which any other person has a beneficial interest;	3472

(3) Any successor trustee.

3473

"Trustee" does not include an assignee or trustee for an	3474
insolvent debtor or an executor, administrator, administrator with	3475
the will annexed, testamentary trustee, guardian, or committee,	3476
appointed by, under the control of, or accountable to a court.	3477

(L) "Unlawful debt" means any money or other thing of value	3478
constituting principal or interest of a debt that is legally	3479
unenforceable in this state in whole or in part because the debt	3480
was incurred or contracted in violation of any federal or state	3481
law relating to the business of gambling activity or relating to	3482
the business of lending money at an usurious rate unless the	3483
creditor proves, by a preponderance of the evidence, that the	3484
usurious rate was not intentionally set and that it resulted from	3485
a good faith error by the creditor, notwithstanding the	3486
maintenance of procedures that were adopted by the creditor to	3487
avoid an error of that nature.	3488

(M) "Animal activity" means any activity that involves the	3489
use of animals or animal parts, including, but not limited to,	3490
hunting, fishing, trapping, traveling, camping, the production,	3491
preparation, or processing of food or food products, clothing or	3492
garment manufacturing, medical research, other research,	3493
entertainment, recreation, agriculture, biotechnology, or service	3494
activity that involves the use of animals or animal parts.	3495

(N) "Animal facility" means a vehicle, building, structure,	3496
nature preserve, or other premises in which an animal is lawfully	3497
kept, handled, housed, exhibited, bred, or offered for sale,	3498
including, but not limited to, a zoo, rodeo, circus, amusement	3499
park, hunting preserve, or premises in which a horse or dog event	3500
is held.	3501

(O) "Animal or ecological terrorism" means the commission of	3502
any felony that involves causing or creating a substantial risk of	3503
physical harm to any property of another, the use of a deadly	3504
weapon or dangerous ordnance, or purposely, knowingly, or	3505
recklessly causing serious physical harm to property and that	3506
involves an intent to obstruct, impede, or deter any person from	3507
participating in a lawful animal activity, from mining, foresting,	3508
harvesting, gathering, or processing natural resources, or from	3509
being lawfully present in or on an animal facility or research	3510
facility.	3511

(P) "Research facility" means a place, laboratory,	3512
institution, medical care facility, government facility, or public	3513
or private educational institution in which a scientific test,	3514
experiment, or investigation involving the use of animals or other	3515
living organisms is lawfully carried out, conducted, or attempted.	3516

(Q) "Organized retail theft" means the theft of retail	3517
property with a retail value of one thousand dollars or more from	3518
one or more retail establishments with the intent to sell,	3519
deliver, or transfer that property to a retail property fence.	3520

(R) "Retail property" means any tangible personal property	3521
displayed, held, stored, or offered for sale in or by a retail	3522
establishment.	3523

(S) "Retail property fence" means a person who possesses,	3524
procures, receives, or conceals retail property that was	3525
represented to the person as being stolen or that the person knows	3526
or believes to be stolen.	3527

(T) "Retail value" means the full retail value of the retail	3528
property. In determining whether the retail value of retail	3529
property equals or exceeds one thousand dollars, the value of all	3530
retail property stolen from the retail establishment or retail	3531
establishments by the same person or persons within any	3532
one-hundred-eighty-day period shall be aggregated.	3533

Sec. 2923.32. (A)(1) No person employed by, or associated	3534
with, any enterprise shall conduct or participate in, directly or	3535
indirectly, the affairs of the enterprise through a pattern of	3536
corrupt activity or the collection of an unlawful debt.	3537

(2) No person, through a pattern of corrupt activity or the	3538
collection of an unlawful debt, shall acquire or maintain,	3539
directly or indirectly, any interest in, or control of, any	3540
enterprise or real property.	3541

(3) No person, who knowingly has received any proceeds	3542
derived, directly or indirectly, from a pattern of corrupt	3543
activity or the collection of any unlawful debt, shall use or	3544
invest, directly or indirectly, any part of those proceeds, or any	3545
proceeds derived from the use or investment of any of those	3546
proceeds, in the acquisition of any title to, or any right,	3547
interest, or equity in, real property or in the establishment or	3548
operation of any enterprise.	3549

A purchase of securities on the open market with intent to	3550
make an investment, without intent to control or participate in	3551
the control of the issuer, and without intent to assist another to	3552
do so is not a violation of this division, if the securities of	3553
the issuer held after the purchase by the purchaser, the members	3554
of the purchaser's immediate family, and the purchaser's or the	3555
immediate family members' accomplices in any pattern of corrupt	3556
activity or the collection of an unlawful debt do not aggregate	3557
one per cent of the outstanding securities of any one class of the	3558
issuer and do not confer, in law or in fact, the power to elect	3559
one or more directors of the issuer.	3560

(B)(1) Whoever violates this section is guilty of engaging in	3561
a pattern of corrupt activity. Except as otherwise provided in	3562
this division, engaging in corrupt activity is a felony of the	3563
second degree. Except as otherwise provided in this division, if	3564
at least one of the incidents of corrupt activity is a felony of	3565
the first, second, or third degree, aggravated murder, or murder,	3566
if at least one of the incidents was a felony under the law of	3567
this state that was committed prior to July 1, 1996, and that	3568
would constitute a felony of the first, second, or third degree,	3569
aggravated murder, or murder if committed on or after July 1,	3570
1996, or if at least one of the incidents of corrupt activity is a	3571
felony under the law of the United States or of another state	3572
that, if committed in this state on or after July 1, 1996, would	3573
constitute a felony of the first, second, or third degree,	3574
aggravated murder, or murder under the law of this state, engaging	3575
in a pattern of corrupt activity is a felony of the first degree.	3576
If the offender also is convicted of or pleads guilty to a	3577
specification as described in section 2941.1422 of the Revised	3578
Code that was included in the indictment, count in the indictment,	3579
or information charging the offense, engaging in a pattern of	3580
corrupt activity is a felony of the first degree, and the court	3581
shall sentence the offender to a mandatory prison term as provided	3582
in division (B)(7) of section 2929.14 of the Revised Code and	3583
shall order the offender to make restitution as provided in	3584
division (B)(8) of section 2929.18 of the Revised Code.	3585
Notwithstanding any other provision of law, a person may be	3586
convicted of violating the provisions of this section as well as	3587
of a conspiracy to violate one or more of those provisions under	3588
section 2923.01 of the Revised Code.	3589

(2)(a) Notwithstanding the financial sanctions authorized by	3590
section 2929.18 of the Revised Code, the court may do all of the	3591
following with respect to any person who derives pecuniary value	3592
or causes property damage, personal injury other than pain and	3593
suffering, or other loss through or by the violation of this	3594
section:	3595

~~(a)~~(i) In lieu of the fine authorized by that section, impose	3596
a fine not exceeding the greater of three times the gross value	3597
gained or three times the gross loss caused and order the clerk of	3598
the court to pay the fine into the state treasury to the credit of	3599
the corrupt activity investigation and prosecution fund, which is	3600
hereby created;	3601

~~(b)~~(ii) In addition to the fine described in division	3602
(B)(2)(a)(i) of this section and the financial sanctions	3603
authorized by section 2929.18 of the Revised Code, order the	3604
person to pay court costs;	3605

~~(c)~~(iii) In addition to the fine described in division	3606
(B)(2)(a)(i) of this section and the financial sanctions	3607
authorized by section 2929.18 of the Revised Code, order the	3608
person to pay to the state, municipal, or county law enforcement	3609
agencies that handled the investigation and prosecution the costs	3610
of investigation and prosecution that are reasonably incurred.	3611

(b) The court shall hold a hearing to determine the amount of	3612
fine, court costs, and other costs to be imposed under this	3613
division.	3614

(c) The court shall not impose the fine authorized by	3615
division (B)(2)(a)(i) of this section for an incident of corrupt	3616
activity that is predicated on a violation of section 1331.04 of	3617
the Revised Code.	3618

(3) In addition to any other penalty or disposition	3619
authorized or required by law, the court shall order any person	3620
who is convicted of or pleads guilty to a violation of this	3621
section or who is adjudicated delinquent by reason of a violation	3622
of this section to criminally forfeit to the state under Chapter	3623
2981. of the Revised Code any personal or real property in which	3624
the person has an interest and that was used in the course of or	3625
intended for use in the course of a violation of this section, or	3626
that was derived from or realized through conduct in violation of	3627
this section, including any property constituting an interest in,	3628
means of control over, or influence over the enterprise involved	3629
in the violation and any property constituting proceeds derived	3630
from the violation, including all of the following:	3631

(a) Any position, office, appointment, tenure, commission, or	3632
employment contract of any kind acquired or maintained by the	3633
person in violation of this section, through which the person, in	3634
violation of this section, conducted or participated in the	3635
conduct of an enterprise, or that afforded the person a source of	3636
influence or control over an enterprise that the person exercised	3637
in violation of this section;	3638

(b) Any compensation, right, or benefit derived from a	3639
position, office, appointment, tenure, commission, or employment	3640
contract described in division (B)(3)(a) of this section that	3641
accrued to the person in violation of this section during the	3642
period of the pattern of corrupt activity;	3643

(c) Any interest in, security of, claim against, or property	3644
or contractual right affording the person a source of influence or	3645
control over the affairs of an enterprise that the person	3646
exercised in violation of this section;	3647

(d) Any amount payable or paid under any contract for goods	3648
or services that was awarded or performed in violation of this	3649
section.	3650

Sec. 2945.63. (A) As used in this section:

3651

(1) "Child pornography" means any obscene material involving	3652
a juvenile, any sexually oriented matter involving a juvenile, or	3653
any material that is harmful to juveniles.	3654

(2) "Juvenile," "harmful to juveniles," "material," and	3655
"performance" have the same meanings as in section 2907.01 of the	3656
Revised Code.	3657

(3) "Sexually oriented matter" has the same meaning as in	3658
section 2919.22 of the Revised Code.	3659

(B) Any child pornography that is offered as evidence or that	3660
comes into the custody or control of the prosecutor or the court	3661
shall remain in the custody or control of the prosecutor or the	3662
court.	3663

(C) Notwithstanding Rule 16 of the Rules of Criminal	3664
Procedure, the court in a criminal proceeding shall deny any	3665
request by the defendant to photocopy, photograph, or otherwise	3666
reproduce any child pornography if the prosecutor gives the	3667
defendant, the defendant's attorney, and any individual the	3668
defendant may seek to qualify to furnish expert testimony at trial	3669
ample opportunity to examine the child pornography at the place	3670
where the prosecutor or the court is holding the child	3671
pornography.	3672

Sec. 2953.32. (A)(1) Except as provided in section 2953.61	3673
of the Revised Code, an eligible offender may apply to the	3674
sentencing court if convicted in this state, or to a court of	3675
common pleas if convicted in another state or in a federal court,	3676
for the sealing of the conviction record. Application may be made	3677
at the expiration of three years after the offender's final	3678
discharge if convicted of a felony, or at the expiration of one	3679
year after the offender's final discharge if convicted of a	3680
misdemeanor.	3681

(2) Any person who has been arrested for any misdemeanor	3682
offense and who has effected a bail forfeiture may apply to the	3683
court in which the misdemeanor criminal case was pending when bail	3684
was forfeited for the sealing of the record of the case. Except as	3685
provided in section 2953.61 of the Revised Code, the application	3686
may be filed at any time after the expiration of one year from the	3687
date on which the bail forfeiture was entered upon the minutes of	3688
the court or the journal, whichever entry occurs first.	3689

(B) Upon the filing of an application under this section, the	3690
court shall set a date for a hearing and shall notify the	3691
prosecutor for the case of the hearing on the application. The	3692
prosecutor may object to the granting of the application by filing	3693
an objection with the court prior to the date set for the hearing.	3694
The prosecutor shall specify in the objection the reasons for	3695
believing a denial of the application is justified. The court	3696
shall direct its regular probation officer, a state probation	3697
officer, or the department of probation of the county in which the	3698
applicant resides to make inquiries and written reports as the	3699
court requires concerning the applicant. If the applicant was	3700
convicted of or pleaded guilty to a violation of division (A)(2)	3701
or (B) of section 2919.21 of the Revised Code, the probation	3702
officer or county department of probation that the court directed	3703
to make inquiries concerning the applicant shall contact the child	3704
support enforcement agency enforcing the applicant's obligations	3705
under the child support order to inquire about the offender's	3706
compliance with the child support order.	3707

(C)(1) The court shall do each of the following:

3708

(a) Determine whether the applicant is an eligible offender	3709
or whether the forfeiture of bail was agreed to by the applicant	3710
and the prosecutor in the case. If the applicant applies as an	3711
eligible offender pursuant to division (A)(1) of this section and	3712
has two or three convictions that result from the same indictment,	3713
information, or complaint, from the same plea of guilty, or from	3714
the same official proceeding, and result from related criminal	3715
acts that were committed within a three-month period but do not	3716
result from the same act or from offenses committed at the same	3717
time, in making its determination under this division, the court	3718
initially shall determine whether it is not in the public interest	3719
for the two or three convictions to be counted as one conviction.	3720
If the court determines that it is not in the public interest for	3721
the two or three convictions to be counted as one conviction, the	3722
court shall determine that the applicant is not an eligible	3723
offender; if the court does not make that determination, the court	3724
shall determine that the offender is an eligible offender.	3725

(b) Determine whether criminal proceedings are pending	3726
against the applicant;	3727

(c) If the applicant is an eligible offender who applies	3728
pursuant to division (A)(1) of this section, determine whether the	3729
applicant has been rehabilitated to the satisfaction of the court;	3730

(d) If the prosecutor has filed an objection in accordance	3731
with division (B) of this section, consider the reasons against	3732
granting the application specified by the prosecutor in the	3733
objection;	3734

(e) Weigh the interests of the applicant in having the	3735
records pertaining to the applicant's conviction sealed against	3736
the legitimate needs, if any, of the government to maintain those	3737
records.	3738

(2) If the court determines, after complying with division	3739
(C)(1) of this section, that the applicant is an eligible offender	3740
or the subject of a bail forfeiture, that no criminal proceeding	3741
is pending against the applicant, and that the interests of the	3742
applicant in having the records pertaining to the applicant's	3743
conviction or bail forfeiture sealed are not outweighed by any	3744
legitimate governmental needs to maintain those records, and that	3745
the rehabilitation of an applicant who is an eligible offender	3746
applying pursuant to division (A)(1) of this section has been	3747
attained to the satisfaction of the court, the court, except as	3748
provided in divisions (G) and (H) of this section, shall order all	3749
official records pertaining to the case sealed and, except as	3750
provided in division (F) of this section, all index references to	3751
the case deleted and, in the case of bail forfeitures, shall	3752
dismiss the charges in the case. The proceedings in the case shall	3753
be considered not to have occurred and the conviction or bail	3754
forfeiture of the person who is the subject of the proceedings	3755
shall be sealed, except that upon conviction of a subsequent	3756
offense, the sealed record of prior conviction or bail forfeiture	3757
may be considered by the court in determining the sentence or	3758
other appropriate disposition, including the relief provided for	3759
in sections 2953.31 to 2953.33 of the Revised Code.	3760

(3) Upon the filing of an application under this section, the	3761
applicant, unless indigent, shall pay a fee of fifty dollars. The	3762
court shall pay thirty dollars of the fee into the state treasury.	3763
It shall pay twenty dollars of the fee into the county general	3764
revenue fund if the sealed conviction or bail forfeiture was	3765
pursuant to a state statute, or into the general revenue fund of	3766
the municipal corporation involved if the sealed conviction or	3767
bail forfeiture was pursuant to a municipal ordinance.	3768

(4) Upon the filing of an application under this section, the	3769
applicant, unless indigent, shall pay a fee that is in addition to	3770
the fee paid under division (C)(3) of this section and that is	3771
established by the attorney general by rules adopted pursuant to	3772
Chapter 119. of the Revised Code. The court shall pay the fee into	3773
the attorney general reimbursement fund. The court shall not waive	3774
the fee unless the court waives all other fees imposed under this	3775
section.	3776

(5) If the court orders the official records pertaining to	3777
the case sealed, the court shall order the applicant to appear	3778
before a sheriff to have the applicant's fingerprints taken	3779
according to the fingerprint system of identification on the forms	3780
furnished by the superintendent of the bureau of criminal	3781
identification and investigation. The sheriff shall forward the	3782
applicant's fingerprints to the court. The court shall forward the	3783
applicant's fingerprints and a copy of the sealing order to the	3784
bureau of criminal identification and investigation.	3785

(D) Inspection of the sealed records included in the order	3786
may be made only by the following persons or for the following	3787
purposes:	3788

(1) By a law enforcement officer or prosecutor, or the	3789
assistants of either, to determine whether the nature and	3790
character of the offense with which a person is to be charged	3791
would be affected by virtue of the person's previously having been	3792
convicted of a crime;	3793

(2) By the parole or probation officer of the person who is	3794
the subject of the records, for the exclusive use of the officer	3795
in supervising the person while on parole or under a community	3796
control sanction or a post-release control sanction, and in making	3797
inquiries and written reports as requested by the court or adult	3798
parole authority;	3799

(3) Upon application by the person who is the subject of the	3800
records, by the persons named in the application;	3801

(4) By a law enforcement officer who was involved in the	3802
case, for use in the officer's defense of a civil action arising	3803
out of the officer's involvement in that case;	3804

(5) By a prosecuting attorney or the prosecuting attorney's	3805
assistants, to determine a defendant's eligibility to enter a	3806
pre-trial diversion program established pursuant to section	3807
2935.36 of the Revised Code;	3808

(6) By any law enforcement agency or any authorized employee	3809
of a law enforcement agency or by the department of rehabilitation	3810
and correction as part of a background investigation of a person	3811
who applies for employment with the agency ~~as a law enforcement~~	3812
~~officer~~ or ~~with~~ the department ~~as a corrections officer~~;	3813

(7) By any law enforcement agency or any authorized employee	3814
of a law enforcement agency, for the purposes set forth in, and in	3815
the manner provided in, section 2953.321 of the Revised Code;	3816

(8) By the bureau of criminal identification and	3817
investigation or any authorized employee of the bureau for the	3818
purpose of providing information to a board or person pursuant to	3819
division (F) or (G) of section 109.57 of the Revised Code;	3820

(9) By the bureau of criminal identification and	3821
investigation or any authorized employee of the bureau for the	3822
purpose of performing a criminal history records check on a person	3823
to whom a certificate as prescribed in section 109.77 of the	3824
Revised Code is to be awarded;	3825

(10) By the bureau of criminal identification and	3826
investigation or any authorized employee of the bureau for the	3827
purpose of conducting a criminal records check of an individual	3828
pursuant to division (B) of section 109.572 of the Revised Code	3829
that was requested pursuant to any of the sections identified in	3830
division (B)(1) of that section;	3831

(11) By the bureau of criminal identification and	3832
investigation, an authorized employee of the bureau, a sheriff, or	3833
an authorized employee of a sheriff in connection with a criminal	3834
records check described in section 311.41 of the Revised Code;	3835

(12) By the attorney general or an authorized employee of the	3836
attorney general or a court for purposes of determining a person's	3837
classification pursuant to Chapter 2950. of the Revised Code.	3838

When the nature and character of the offense with which a	3839
person is to be charged would be affected by the information, it	3840
may be used for the purpose of charging the person with an	3841
offense.	3842

(E) In any criminal proceeding, proof of any otherwise	3843
admissible prior conviction may be introduced and proved,	3844
notwithstanding the fact that for any such prior conviction an	3845
order of sealing previously was issued pursuant to sections	3846
2953.31 to 2953.36 of the Revised Code.	3847

(F) The person or governmental agency, office, or department	3848
that maintains sealed records pertaining to convictions or bail	3849
forfeitures that have been sealed pursuant to this section may	3850
maintain a manual or computerized index to the sealed records. The	3851
index shall contain only the name of, and alphanumeric identifiers	3852
that relate to, the persons who are the subject of the sealed	3853
records, the word "sealed," and the name of the person, agency,	3854
office, or department that has custody of the sealed records, and	3855
shall not contain the name of the crime committed. The index shall	3856
be made available by the person who has custody of the sealed	3857
records only for the purposes set forth in divisions (C), (D), and	3858
(E) of this section.	3859

(G) Notwithstanding any provision of this section or section	3860
2953.33 of the Revised Code that requires otherwise, a board of	3861
education of a city, local, exempted village, or joint vocational	3862
school district that maintains records of an individual who has	3863
been permanently excluded under sections 3301.121 and 3313.662 of	3864
the Revised Code is permitted to maintain records regarding a	3865
conviction that was used as the basis for the individual's	3866
permanent exclusion, regardless of a court order to seal the	3867
record. An order issued under this section to seal the record of a	3868
conviction does not revoke the adjudication order of the	3869
superintendent of public instruction to permanently exclude the	3870
individual who is the subject of the sealing order. An order	3871
issued under this section to seal the record of a conviction of an	3872
individual may be presented to a district superintendent as	3873
evidence to support the contention that the superintendent should	3874
recommend that the permanent exclusion of the individual who is	3875
the subject of the sealing order be revoked. Except as otherwise	3876
authorized by this division and sections 3301.121 and 3313.662 of	3877
the Revised Code, any school employee in possession of or having	3878
access to the sealed conviction records of an individual that were	3879
the basis of a permanent exclusion of the individual is subject to	3880
section 2953.35 of the Revised Code.	3881

(H) For purposes of sections 2953.31 to 2953.36 of the	3882
Revised Code, DNA records collected in the DNA database and	3883
fingerprints filed for record by the superintendent of the bureau	3884
of criminal identification and investigation shall not be sealed	3885
unless the superintendent receives a certified copy of a final	3886
court order establishing that the offender's conviction has been	3887
overturned. For purposes of this section, a court order is not	3888
"final" if time remains for an appeal or application for	3889
discretionary review with respect to the order.	3890

Sec. 2981.13. (A) Except as otherwise provided in this	3891
section, property ordered forfeited as contraband, proceeds, or an	3892
instrumentality pursuant to this chapter shall be disposed of,	3893
used, or sold pursuant to section 2981.12 of the Revised Code. If	3894
the property is to be sold under that section, the prosecutor	3895
shall cause notice of the proposed sale to be given in accordance	3896
with law.	3897

(B) If the contraband or instrumentality forfeited under this	3898
chapter is sold, any moneys acquired from a sale and any proceeds	3899
forfeited under this chapter shall be applied in the following	3900
order:	3901

(1) First, to pay costs incurred in the seizure, storage,	3902
maintenance, security, and sale of the property and in the	3903
forfeiture proceeding;	3904

(2) Second, in a criminal forfeiture case, to satisfy any	3905
restitution ordered to the victim of the offense or, in a civil	3906
forfeiture case, to satisfy any recovery ordered for the person	3907
harmed, unless paid from other assets;	3908

(3) Third, to pay the balance due on any security interest	3909
preserved under this chapter;	3910

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

3911

(a) If the forfeiture was ordered by a juvenile court, ten	3912
per cent to one or more certified alcohol and drug addiction	3913
treatment programs as provided in division (D) of section 2981.12	3914
of the Revised Code;	3915

(b) If the forfeiture was ordered in a juvenile court, ninety	3916
per cent, and if the forfeiture was ordered in a court other than	3917
a juvenile court, one hundred per cent to the law enforcement	3918
trust fund of the prosecutor and to the following fund supporting	3919
the law enforcement agency that substantially conducted the	3920
investigation: the law enforcement trust fund of the county	3921
sheriff, municipal corporation, township, or park district created	3922
under section 511.18 or 1545.01 of the Revised Code; the state	3923
highway patrol contraband, forfeiture, and other fund; the	3924
department of public safety investigative unit contraband,	3925
forfeiture, and other fund; the department of taxation enforcement	3926
fund; the board of pharmacy drug law enforcement fund created by	3927
division (B)(1) of section 4729.65 of the Revised Code; the	3928
medicaid fraud investigation and prosecution fund; the bureau of	3929
criminal identification and investigation asset forfeiture and	3930
cost reimbursement fund; the casino control commission enforcement	3931
fund created by section 3772.36 of the Revised Code; or the	3932
treasurer of state for deposit into the peace officer training	3933
commission fund if any other state law enforcement agency	3934
substantially conducted the investigation. In the case of property	3935
forfeited for medicaid fraud, any remaining amount shall be used	3936
by the attorney general to investigate and prosecute medicaid	3937
fraud offenses.	3938

If the prosecutor declines to accept any of the remaining	3939
amounts, the amounts shall be applied to the fund of the agency	3940
that substantially conducted the investigation.	3941

(c) If more than one law enforcement agency is substantially	3942
involved in the seizure of property forfeited under this chapter,	3943
the court ordering the forfeiture shall equitably divide the	3944
amounts, after calculating any distribution to the law enforcement	3945
trust fund of the prosecutor pursuant to division (B)(4) of this	3946
section, among the entities that the court determines were	3947
substantially involved in the seizure.	3948

(C)(1) A law enforcement trust fund shall be established by	3949
the prosecutor of each county who intends to receive any remaining	3950
amounts pursuant to this section, by the sheriff of each county,	3951
by the legislative authority of each municipal corporation, by the	3952
board of township trustees of each township that has a township	3953
police department, township or joint police district police force,	3954
or office of the constable, and by the board of park commissioners	3955
of each park district created pursuant to section 511.18 or	3956
1545.01 of the Revised Code that has a park district police force	3957
or law enforcement department, for the purposes of this section.	3958

There is hereby created in the state treasury the state	3959
highway patrol contraband, forfeiture, and other fund, the	3960
department of public safety investigative unit contraband,	3961
forfeiture, and other fund, the medicaid fraud investigation and	3962
prosecution fund, the department of taxation enforcement fund, and	3963
the peace officer training commission fund, for the purposes of	3964
this section.	3965

Amounts distributed to any municipal corporation, township,	3966
or park district law enforcement trust fund shall be allocated	3967
from the fund by the legislative authority only to the police	3968
department of the municipal corporation, by the board of township	3969
trustees only to the township police department, township police	3970
district police force, or office of the constable, by the joint	3971
police district board only to the joint police district, and by	3972
the board of park commissioners only to the park district police	3973
force or law enforcement department.	3974

(2)(a) No amounts shall be allocated to a fund created under	3975
this section or used by an agency unless the agency has adopted a	3976
written internal control policy that addresses the use of moneys	3977
received from the appropriate fund. The appropriate fund shall be	3978
expended only in accordance with that policy and, subject to the	3979
requirements specified in this section, only for the following	3980
purposes:	3981

(i) To pay the costs of protracted or complex investigations	3982
or prosecutions;	3983

(ii) To provide reasonable technical training or expertise;

3984

(iii) To provide matching funds to obtain federal grants to	3985
aid law enforcement, in the support of DARE programs or other	3986
programs designed to educate adults or children with respect to	3987
the dangers associated with the use of drugs of abuse;	3988

(iv) To pay the costs of emergency action taken under section	3989
3745.13 of the Revised Code relative to the operation of an	3990
illegal methamphetamine laboratory if the forfeited property or	3991
money involved was that of a person responsible for the operation	3992
of the laboratory;	3993

(v) For other law enforcement purposes that the	3994
superintendent of the state highway patrol, department of public	3995
safety, attorney general, prosecutor, county sheriff, legislative	3996
authority, department of taxation, Ohio casino control commission,	3997
board of township trustees, or board of park commissioners	3998
determines to be appropriate.	3999

(b) The board of pharmacy drug law enforcement fund shall be	4000
expended only in accordance with the written internal control	4001
policy so adopted by the board and only in accordance with section	4002
4729.65 of the Revised Code, except that it also may be expended	4003
to pay the costs of emergency action taken under section 3745.13	4004
of the Revised Code relative to the operation of an illegal	4005
methamphetamine laboratory if the forfeited property or money	4006
involved was that of a person responsible for the operation of the	4007
laboratory.	4008

(c) The state highway patrol contraband, forfeiture, and	4009
other fund, the department of public safety investigative unit	4010
contraband, forfeiture, and other fund, the department of taxation	4011
enforcement fund, the board of pharmacy drug law enforcement fund,	4012
the bureau of criminal identification and investigation asset	4013
forfeiture and cost reimbursement fund, the casino control	4014
commission enforcement fund, and a law enforcement trust fund	4015
shall not be used to meet the operating costs of the state highway	4016
patrol, of the investigative unit of the department of public	4017
safety, of the state board of pharmacy, of the office of the	4018
attorney general, of any political subdivision, of the Ohio casino	4019
control commission, or of any office of a prosecutor or county	4020
sheriff that are unrelated to law enforcement.	4021

(d) Forfeited moneys that are paid into the state treasury to	4022
be deposited into the peace officer training commission fund shall	4023
be used by the commission only to pay the costs of peace officer	4024
training.	4025

~~(3) Any of the following offices or agencies that receive~~	4026
~~amounts under this section during any calendar year shall file a~~	4027
~~report with the specified entity, not later than the thirty-first~~	4028
~~day of January of the next calendar year, verifying that the~~	4029
~~moneys were expended only for the purposes authorized by this~~	4030
~~section or other relevant statute and specifying the amounts~~	4031
~~expended for each authorized purpose:~~	4032

~~(a) Any sheriff or prosecutor shall file the report with the~~	4033
~~county auditor.~~	4034

~~(b) Any municipal corporation police department shall file~~	4035
~~the report with the legislative authority of the municipal~~	4036
~~corporation.~~	4037

~~(c) Any township police department, township or joint police~~	4038
~~district police force, or office of the constable shall file the~~	4039
~~report with the board of township trustees of the township.~~	4040

~~(d) Any park district police force or law enforcement~~	4041
~~department shall file the report with the board of park~~	4042
~~commissioners of the park district.~~	4043

~~(e) The superintendent of the state highway patrol and the~~	4044
~~tax commissioner shall file the report with the attorney general.~~	4045

~~(f) The executive director of the state board of pharmacy~~	4046
~~shall file the report with the attorney general, verifying that~~	4047
~~cash and forfeited proceeds paid into the board of pharmacy drug~~	4048
~~law enforcement fund were used only in accordance with section~~	4049
~~4729.65 of the Revised Code.~~	4050

~~(g) The peace officer training commission shall file a report~~	4051
~~with the attorney general, verifying that cash and forfeited~~	4052
~~proceeds paid into the peace officer training commission fund~~	4053
~~pursuant to this section during the prior calendar year were used~~	4054
~~by the commission during the prior calendar year only to pay the~~	4055
~~costs of peace officer training.~~	4056

~~(h) The executive director of the Ohio casino control~~	4057
~~commission shall file the report with the attorney general,~~	4058
~~verifying that cash and forfeited proceeds paid into the casino~~	4059
~~control commission enforcement fund were used only in accordance~~	4060
~~with section 3772.36 of the Revised Code.~~	4061

(D) The written internal control policy of a county sheriff,	4062
prosecutor, municipal corporation police department, township	4063
police department, township or joint police district police force,	4064
office of the constable, or park district police force or law	4065
enforcement department shall provide that at least ten per cent of	4066
the first one hundred thousand dollars of amounts deposited during	4067
each calendar year in the agency's law enforcement trust fund	4068
under this section, and at least twenty per cent of the amounts	4069
exceeding one hundred thousand dollars that are so deposited,	4070
shall be used in connection with community preventive education	4071
programs. The manner of use shall be determined by the sheriff,	4072
prosecutor, department, police force, or office of the constable	4073
after receiving and considering advice on appropriate community	4074
preventive education programs from the county's board of alcohol,	4075
drug addiction, and mental health services, from the county's	4076
alcohol and drug addiction services board, or through appropriate	4077
community dialogue.	4078

The financial records kept under the internal control policy	4079
shall specify the amount deposited during each calendar year in	4080
the portion of that amount that was used pursuant to this	4081
division, and the programs in connection with which the portion of	4082
that amount was so used.	4083

As used in this division, "community preventive education	4084
programs" include, but are not limited to, DARE programs and other	4085
programs designed to educate adults or children with respect to	4086
the dangers associated with using drugs of abuse.	4087

(E) Upon the sale, under this section or section 2981.12 of	4088
the Revised Code, of any property that is required by law to be	4089
titled or registered, the state shall issue an appropriate	4090
certificate of title or registration to the purchaser. If the	4091
state is vested with title and elects to retain property that is	4092
required to be titled or registered under law, the state shall	4093
issue an appropriate certificate of title or registration.	4094

(F) Any failure of a law enforcement officer or agency,	4095
prosecutor, court, or the attorney general to comply with this	4096
section in relation to any property seized does not affect the	4097
validity of the seizure and shall not be considered to be the	4098
basis for suppressing any evidence resulting from the seizure,	4099
provided the seizure itself was lawful.	4100

Sec. 5302.221. (A) As used in this section:

4101

~~"Estate" has the same meaning as in section 5162.21 of the~~	4102
~~Revised Code.~~	4103

~~"Medicaid~~, "medicaid estate recovery program" means the	4104
program instituted under section 5162.21 of the Revised Code.	4105

(B) The administrator of the medicaid estate recovery program	4106
shall prescribe a form on which a beneficiary of a transfer on	4107
death designation affidavit as provided in section 5302.22 of the	4108
Revised Code, who survives the deceased owner of the real property	4109
or an interest in the real property or that is in existence on the	4110
date of death of the deceased owner, or that beneficiary's	4111
representative is to indicate both of the following:	4112

(1) ~~Whether~~Which of the following applies to the deceased	4113
owner ~~was either of the following~~:	4114

(a) ~~A decedent subject to the~~The deceased owner had been a	4115
medicaid ~~estate recovery program;~~recipient.	4116

(b) The ~~spouse of a decedent subject to the~~deceased owner	4117
had never been a medicaid ~~estate recovery program~~recipient.	4118

(c) The beneficiary or representative does not know whether	4119
the deceased owner had ever been a medicaid recipient.	4120

(2) ~~Whether the real property or interest in the real~~	4121
~~property was part of the estate of a decedent subject to the~~	4122
~~medicaid estate recovery program~~If the spouse of the deceased	4123
owner died before the owner died, which of the following applies	4124
to the predeceased spouse:	4125

(a) The predeceased spouse had been a medicaid recipient.

4126

(b) The predeceased spouse had never been a medicaid	4127
recipient.	4128

(c) The beneficiary or representative does not know whether	4129
the predeceased spouse had ever been a medicaid recipient.	4130

(C) The administrator of the medicaid estate recovery program	4131
shall make the form prescribed under division (B) of this section	4132
available to county recorders. A county recorder shall ~~obtain a~~	4133
~~properly completed form prescribed under division (B) of this~~	4134
~~section from the~~provide a copy of the form to a beneficiary of a	4135
transfer on death designation affidavit or the beneficiary's	4136
representative ~~and send a copy of the form to the administrator of~~	4137
~~the medicaid estate recovery program~~ before recording the transfer	4138
of the real property or interest in the real property under	4139
section 5302.222 of the Revised Code. A beneficiary or	4140
beneficiary's representative shall submit a copy of the properly	4141
completed form to the administrator of the medicaid estate	4142
recovery program if the beneficiary or representative indicates	4143
any of the following on the form:	4144

(1) That the deceased owner had been a medicaid recipient or	4145
that the beneficiary or representative does not know whether the	4146
deceased owner had ever been a medicaid recipient;	4147

(2) That the predeceased spouse of the deceased owner had	4148
been a medicaid recipient or that the beneficiary or	4149
representative does not know whether the predeceased spouse had	4150
ever been a medicaid recipient.	4151

Section 2. That existing sections 9.02, 109.08, 109.081,	4152
109.521, 109.57, 109.572, 109.578, 109.60, 109.85, 109.86,	4153
1331.01, 1331.04, 1331.99, 1345.02, 1345.03, 1345.031, 1345.05,	4154
1345.06, 1345.07, 1345.21, 1345.22, 1345.23, 1345.24, 1345.43,	4155
1345.44, 2151.419, 2743.191, 2743.56, 2743.71, 2746.02, 2901.01,	4156
2923.02, 2923.31, 2923.32, 2953.32, 2981.13, and 5302.221 and	4157
section 1331.05 of the Revised Code are hereby repealed.	4158

Section 3. The General Assembly, applying the principle	4159
stated in division (B) of section 1.52 of the Revised Code that	4160
amendments are to be harmonized if reasonably capable of	4161
simultaneous operation, finds that the following sections,	4162
presented in this act as composites of the sections as amended by	4163
the acts indicated, are the resulting versions of the sections in	4164
effect prior to the effective date of the sections as presented in	4165
this act:	4166

Section 2923.02 of the Revised Code as amended by both Am.	4167
Sub. H.B. 461 and Am. Sub. S.B. 260 of the 126th General Assembly.	4168

Section 2923.31 of the Revised Code as amended by both Am.	4169
Sub. H.B. 386 and Am. Sub. H.B. 262 of the 129th General Assembly.	4170