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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Sub. S. B. No. 164 |
SENATORS BLESSING-LATTA
A BILL
To amend sections 109.21, 2923.32, 2923.35, 2925.03, 2933.41,
2933.43, and 2933.74 and to repeal sections 1727.04 and 5309.97
of the Revised Code to eliminate the requirement that the
Attorney General send to the President of the Senate and the
Speaker of the House of Representatives copies of reports of drugs or other
property seized by law enforcement agencies and other entities
and to eliminate the requirement that the Attorney General produce or receive
certain other documents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.21, 2923.32, 2923.35, 2925.03,
2933.41, 2933.43, and 2933.74 of the Revised Code be amended to read as
follows:
Sec. 109.21. The attorney general shall pay all moneys collected or received
by him THE ATTORNEY GENERAL on behalf of the state into the
state treasury to the credit of the
general revenue fund. Each year he shall
make a report to the governor of the
moneys so received and the business of his office, together with an abstract
of the statistics of crime returned to him by the prosecuting attorneys of
the several counties.
Sec. 2923.32. (A)(1) No person employed by, or associated
with, any enterprise shall conduct or participate in, directly or
indirectly, the affairs of the enterprise through a pattern of
corrupt activity or the collection of an unlawful debt.
(2) No person, through a pattern of corrupt activity or
the collection of an unlawful debt, shall acquire or maintain,
directly or indirectly, any interest in, or control of, any
enterprise or real property.
(3) No person, who knowingly has received any proceeds
derived, directly or indirectly, from a pattern of corrupt
activity or the collection of any unlawful debt, shall use or
invest, directly or indirectly, any part of those proceeds, or
any proceeds derived from the use or investment of any of those
proceeds, in the acquisition of any title to, or any right,
interest, or equity in, real property or in the establishment or
operation of any enterprise.
A purchase of securities on the open market with intent to
make an investment, without intent to control or participate in
the control of the issuer, and without intent to assist another
to do so is not a violation of this division, if the securities
of the issuer held after the purchase by the purchaser, the
members of the purchaser's immediate family, and
the purchaser's or the immediate family
members' accomplices in
any pattern of corrupt activity or the collection of an unlawful
debt do not aggregate one per cent of the outstanding securities
of any one class of the issuer and do not confer, in law or in
fact, the power to elect one or more directors of the issuer.
(B)(1) Whoever violates this section is guilty of engaging
in a pattern of corrupt activity.
Except as otherwise provided in this division, engaging in corrupt activity
is a felony of the second degree. If at least one of the incidents of corrupt
activity is a felony of the first, second, or third degree, aggravated
murder, or murder, if at least one of the incidents was a felony
under the law of this state that was committed prior to the
effective date of this amendment and that would constitute a
felony of the first, second, or third degree, aggravated murder,
or murder if committed on or after the effective date of this
amendment, or if at least one of the incidents of corrupt
activity is a felony under the law of the
United States or of another state
that, if committed in this state on or after the effective date
of this amendment, would constitute a felony of the first,
second, or third degree, aggravated murder, or murder under the
law of this state, engaging in a pattern of corrupt activity is a
felony of the first degree. Notwithstanding any other provision of
law, a person may be convicted of violating the provisions of
this section as well as of a conspiracy to violate one or more of those
provisions under section 2923.01 of the Revised Code.
(2) Notwithstanding the financial sanctions
authorized by section 2929.18 of the Revised Code, the court
may do all of the following with
respect to any person who derives pecuniary value or causes
property damage, personal injury other than pain and suffering,
or other loss through or by the violation of this section:
(a) In lieu of the fine authorized by that section,
impose a fine not exceeding the greater of three times
the gross value gained or three times the gross loss caused and
order the clerk of the court to pay the fine into the corrupt
activity investigation and prosecution fund created in section
2923.35 of the Revised Code;
(b) In addition to the fine described in division
(B)(2)(a) of this section and the financial sanctions
authorized by section 2929.18 of the Revised Code, order the person to pay
court costs;
(c) In addition to the fine described in division
(B)(2)(a) of this section and the financial sanctions
authorized by section 2929.18 of the Revised Code, order the person to pay to
the state, municipal, or county law enforcement agencies that handled the
investigation and prosecution the costs of investigation and prosecution that
are reasonably incurred.
The court shall hold a hearing to determine the amount of
fine, court costs, and other costs to be imposed under this
division.
(3) In addition to any other penalty or disposition
authorized or required by law, the court shall order any person
who is convicted of or pleads guilty to a violation of this
section or who is adjudicated delinquent by reason of a violation
of this section to criminally forfeit to the state any personal
or real property in which the person has an interest and that
was used in
the course of or intended for use in the course of a violation of
this section, or that was derived from or realized through
conduct in violation of this section, including any property
constituting an interest in, means of control over, or influence
over the enterprise involved in the violation and any property
constituting proceeds derived from the violation, including all
of the following:
(a) Any position, office, appointment, tenure, commission,
or employment contract of any kind acquired or maintained by the
person in violation of this section, through which the
person, in
violation of this section, conducted or participated in the
conduct of an enterprise, or that afforded the person a
source of influence or control over an enterprise that the
person exercised in violation of this section;
(b) Any compensation, right, or benefit derived from a
position, office, appointment, tenure, commission, or employment
contract described in division (B)(3)(a) of this section that
accrued to the person in violation of this section during
the period of the pattern of corrupt activity;
(c) Any interest in, security of, claim against, or
property or contractual right affording the person a source
of influence or control over the affairs of an enterprise that the person
exercised in violation of this section;
(d) Any amount payable or paid under any contract for
goods or services that was awarded or performed in violation of
this section.
(4)(a) A sentence or disposition of criminal forfeiture
pursuant to division (B)(3) of this section shall not be entered
unless either of the following applies:
(i) The indictment, count in the indictment, or
information charging the offense, or the complaint filed in
juvenile court charging the violation as a delinquent act alleges
the extent of the property subject to forfeiture;
(ii) The criminal sentence or delinquency disposition
requires the forfeiture of property that was not reasonably
foreseen to be subject to forfeiture at the time of the
indictment, count in the indictment, or information charging the
offense, or the complaint filed in juvenile court charging the
violation as a delinquent act, provided that the prosecuting
attorney gave prompt notice to the defendant or the alleged or
adjudicated delinquent child of such property not reasonably
foreseen to be subject to forfeiture when it is discovered to be
forfeitable.
(b) A special verdict shall be returned as to the extent
of the property, if any, subject to forfeiture. When the special
verdict is returned, a judgment of forfeiture shall be entered.
(5) If any property included in a special verdict of
forfeiture returned pursuant to division (B)(4) of this section
cannot be located, has been sold to a bona fide purchaser for
value, placed beyond the jurisdiction of the court, substantially
diminished in value by the conduct of the defendant or
adjudicated delinquent child, or commingled with other property
that cannot be divided without difficulty or undue injury to
innocent persons, or otherwise is unreachable without undue
injury to innocent persons, the court shall order forfeiture of
any other reachable property of the defendant or adjudicated
delinquent child up to the value of the property that is
unreachable.
(6) All property ordered forfeited pursuant to this
section shall be held by the law enforcement agency that seized
it for distribution or disposal pursuant to section 2923.35 of
the Revised Code. The agency shall maintain an accurate record
of each item of property so seized and held, which record shall
include the date on which each item was seized, the manner and
date of disposition by the agency, and if applicable, the name of
the person who received the item; however, the record shall not
identify or enable the identification of the individual officer
who seized the property. The record is a public record open for
inspection under section 149.43 of the Revised Code. Each law
enforcement agency that seizes and holds in any calendar year any
item of property that is ordered forfeited pursuant to this
section shall prepare a report covering the calendar year that
cumulates all of the information contained in all of the records
kept by the agency pursuant to this division for that calendar
year, and shall send the cumulative report, no later than the
first day of March in the calendar year following the calendar
year covered by the report, to the attorney general. Each such
report so received by the attorney general is a public record
open for inspection under section 149.43 of the Revised Code. The
attorney
general shall make copies of each such report so
received, and, no NOT later than the fifteenth day of April in the
calendar year in which the reports were received, THE ATTORNEY GENERAL
shall send a copy of each such report to the office of the
president of the senate and the office of the speaker of the house of
representatives A WRITTEN NOTIFICATION THAT DOES ALL OF THE
FOLLOWING:
(a) INDICATES THAT THE ATTORNEY GENERAL HAS RECEIVED FROM
LAW ENFORCEMENT AGENCIES REPORTS
OF THE TYPE DESCRIBED IN THIS DIVISION THAT COVER THE PREVIOUS CALENDAR YEAR
AND INDICATES THAT THE REPORTS WERE RECEIVED UNDER THIS DIVISION;
(b) INDICATES THAT THE REPORTS
ARE OPEN FOR INSPECTION UNDER SECTION 149.43 OF THE
REVISED CODE;
(c) INDICATES THAT THE ATTORNEY GENERAL
WILL PROVIDE A COPY OF ANY OR ALL OF THE REPORTS TO THE
PRESIDENT OF THE SENATE OR THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES UPON REQUEST.
(C) Notwithstanding the notice and procedure prescribed by
division (E) of this section, an order of criminal forfeiture
entered under division (B)(3) of this section shall authorize an
appropriate law enforcement agency to seize the property declared
forfeited under this section upon the terms and conditions,
relating to the time and manner of seizure, that the court
determines proper.
(D) Criminal penalties under this section are not mutually
exclusive, unless otherwise provided, and do not preclude the
application of any other criminal or civil remedy under this or
any other section of the Revised Code. A disposition of criminal
forfeiture ordered pursuant to division (B)(3) of this section in
relation to a child who was adjudicated delinquent by reason of a
violation of this section does not preclude the application of
any other order of disposition under section 2151.355 of the
Revised Code or any other civil remedy under this or any other
section of the Revised Code.
(E)(1) Upon the entry of a judgment of forfeiture pursuant
to division (B)(3) of this section, the court shall cause notice
of the judgment to be sent by certified mail, return receipt
requested, to all persons known to have, or appearing to have, an
interest in the property that was acquired prior to the filing of
a corrupt activity lien notice or a lis pendens as authorized by
section 2923.36 of the Revised Code. If the notices cannot be
given to those persons in that manner, the court shall cause
publication of the notice of the judgment of forfeiture pursuant
to the Rules of Civil Procedure.
(2) Within thirty days after receipt of a notice or after
the date of publication of a notice under division (E)(1) of this
section, any person, other than the defendant or the adjudicated
delinquent child, who claims an interest in the property that is
subject to forfeiture may petition the court for a hearing to
determine the validity of the claim. The petition shall be
signed and sworn to by the petitioner and shall set forth the
nature and extent of the petitioner's interest in the property,
the date and circumstances of the petitioner's acquisition of the
interest, any additional allegations supporting the claim, and
the relief sought. The petitioner shall furnish the prosecuting
attorney with a copy of the petition.
(3) The court, to the extent practicable and consistent
with the interests of justice, shall hold the hearing described
under division (E)(2) of this section within thirty days from the
filing of the petition. The court may consolidate the hearings
on all petitions filed by third party claimants under this
section. At the hearing, the petitioner may testify and present
evidence on the petitioner's own behalf and cross-examine
witnesses. The prosecuting attorney may present evidence and witnesses in
rebuttal and in defense of the claim of the state to the property
and cross-examine witnesses. The court, in making its
determination, shall consider the testimony and evidence
presented at the hearing and the relevant portions of the record
of the criminal proceeding that resulted in the judgment of
forfeiture.
(4) If at a hearing held under division (E)(3) of this
section, the court, by a preponderance of the evidence,
determines either that the petitioner has a legal right, title,
or interest in the property that, at the time of the commission
of the acts giving rise to the forfeiture of the property, was
vested in the petitioner and not in the defendant or the
adjudicated delinquent child or was superior to the right, title,
or interest of the defendant or the adjudicated delinquent child,
or that the petitioner is a bona fide purchaser for value of the
right, title, or interest in the property and was at the time of
the purchase reasonably without cause to believe that the
property was subject to forfeiture under this section, it shall
amend, in accordance with its determination, the judgment of
forfeiture to protect the rights of innocent persons.
(F) Except as provided in division (E) of this section, no
person claiming an interest in property that is subject to
forfeiture under this section shall do either of the following:
(1) Intervene in a trial or appeal of a criminal case or a
delinquency case that involves the forfeiture of the property;
(2) File an action against the state concerning the
validity of his THE PERSON'S alleged interest in the property
subsequent to
the filing of the indictment, count in the indictment, or
information, or the filing of the complaint in juvenile court,
that alleges that the property is subject to forfeiture under
this section.
(G) As used in this section, "law enforcement agency"
includes, but is not limited to, the state board of pharmacy.
Sec. 2923.35. (A)(1) With respect to property ordered
forfeited under section 2923.32 of the Revised Code, with respect
to any fine or civil penalty imposed in any criminal or civil
proceeding under section 2923.32 or 2923.34 of the Revised Code,
and with respect to any fine imposed for a violation of section
2923.01 of the Revised Code for conspiracy to violate section
2923.32 of the Revised Code, the court, upon petition of the
prosecuting attorney, may do any of the following:
(a) Authorize the prosecuting attorney to settle claims;
(b) Award compensation to persons who provide information
that results in a forfeiture, fine, or civil penalty under
section 2923.32 or 2923.34 of the Revised Code;
(c) Grant petitions for mitigation or remission of
forfeiture, fines, or civil penalties, or restore forfeited
property, imposed fines, or imposed civil penalties to persons
injured by the violation;
(d) Take any other action to protect the rights of
innocent persons that is in the interest of justice and that is
consistent with the purposes of sections 2923.31 to 2923.36 of
the Revised Code.
(2) The court shall maintain an accurate record of the
actions it takes under division (A)(1) of this section with
respect to the property ordered forfeited or the fine or civil
penalty. The record is a public record open for inspection under
section 149.43 of the Revised Code.
(B)(1) After the application of division (A) of this
section, any person who prevails in a civil action pursuant to
section 2923.34 of the Revised Code has a right to any property,
or the proceeds of any property, criminally forfeited to the
state pursuant to section 2923.32 of the Revised Code or against
which any fine under that section or civil penalty under division
(I) of section 2923.34 of the Revised Code may be imposed.
The right of any person who prevails in a civil action
pursuant to section 2923.34 of the Revised Code, other than a
prosecuting attorney performing official duties under that
section, to forfeited property, property against which fines and
civil penalties may be imposed, and the proceeds of that property
is superior to any right of the state, a municipal corporation,
or a county to the property or the proceeds of the property, if
the civil action is brought within one hundred eighty days after
the entry of a sentence of forfeiture or a fine pursuant to
section 2923.32 of the Revised Code or the entry of a civil
penalty pursuant to division (I) of section 2923.34 of the
Revised Code.
The right is limited to the total value of the treble
damages, civil penalties, attorney's fees, and costs awarded to
the prevailing party in an action pursuant to section 2923.34 of
the Revised Code, less any restitution received by the person.
(2) If the aggregate amount of claims of persons who have
prevailed in a civil action pursuant to section 2923.34 of the
Revised Code against any one defendant is greater than the total
value of the treble fines, civil penalties, and forfeited
property paid by the person against whom the actions were
brought, all of the persons who brought their actions within one
hundred eighty days after the entry of a sentence or disposition
of forfeiture or a fine pursuant to section 2923.32 of the
Revised Code or the entry of a civil penalty pursuant to division
(I) of section 2923.34 of the Revised Code, first shall receive a
pro rata share of the total amount of the fines, civil penalties,
and forfeited property. After the persons who brought their
actions within the specified one-hundred-eighty-day period have
satisfied their claims out of the fines, civil penalties, and
forfeited property, all other persons who prevailed in civil
actions pursuant to section 2923.34 of the Revised Code shall
receive a pro rata share of the total amount of the fines, civil
penalties, and forfeited property that remains in the custody of
the law enforcement agency or in the corrupt activity
investigation and prosecution fund.
(C)(1) Subject to divisions (A) and (B) of this section
and notwithstanding any contrary provision of section 2933.41 of
the Revised Code, the prosecuting attorney shall order the
disposal of property ordered forfeited in any proceeding under
sections 2923.32 and 2923.34 of the Revised Code as soon as
feasible, making due provisions for the rights of innocent
persons, by any of the following methods:
(a) Transfer to any person who prevails in a civil action
pursuant to section 2923.34 of the Revised Code, subject to the
limit set forth in division (B)(1) of this section;
(b) Public sale;
(c) Transfer to a state governmental agency for official
use;
(d) Sale or transfer to an innocent person;
(e) If the property is contraband and is not needed for
evidence in any pending criminal or civil proceeding, pursuant to
section 2933.41 or any other applicable section of the Revised
Code.
(2) Any interest in personal or real property not disposed
of pursuant to this division and not exercisable by, or
transferable for value to, the state shall expire and shall not
revert to the person found guilty of or adjudicated a delinquent
child for a violation of section 2923.32 of the Revised Code. No
person found guilty of or adjudicated a delinquent child for a
violation of that section and no person acting in concert with a
person found guilty of or adjudicated a delinquent child for
a violation of that section is eligible to purchase forfeited property from
the
state.
(3) Upon application of a person, other than the
defendant, the adjudicated delinquent child, or a person acting
in concert with or on behalf of either the defendant or the
adjudicated delinquent child, the court may restrain or stay the
disposal of the property pursuant to this division pending the
conclusion of any appeal of the criminal case or delinquency case
giving rise to the forfeiture or pending the determination of the
validity of a claim to or interest in the property pursuant to
division (E) of section 2923.32 of the Revised Code, if the
applicant demonstrates that proceeding with the disposal of the
property will result in irreparable injury, harm, or loss to the
applicant.
(4) The prosecuting attorney shall maintain an accurate
record of each item of property disposed of pursuant to this
division, which record shall include the date on which each item
came into the prosecuting attorney's custody, the manner and date
of disposition, and,
if applicable, the name of the person who received the item. The
record shall not identify or enable the identification of the
individual officer who seized the property, and the record is a
public record open for inspection under section 149.43 of the
Revised Code.
Each prosecuting attorney who disposes in any calendar year
of any item of property pursuant to this division shall prepare a
report covering the calendar year that cumulates all of the
information contained in all of the records kept by the
prosecuting attorney pursuant to this division for that calendar
year and shall send the cumulative report, no later than the
first day of March in the calendar year following the calendar
year covered by the report, to the attorney general. Each report
received by the attorney general is a public record open for
inspection under section 149.43 of the Revised Code. The
attorney general shall send a copy of the cumulative report, no
NOT later than the fifteenth day of April in the calendar year
following the calendar year covered by the report, REPORTS,
THE ATTORNEY GENERAL SHALL SEND to the president of the senate and the
speaker of the house of representatives A WRITTEN NOTIFICATION THAT DOES
ALL OF THE
FOLLOWING:
(a)INDICATES THAT THE ATTORNEY GENERAL HAS RECEIVED FROM
PROSECUTING ATTORNEYS
REPORTS OF THE TYPE DESCRIBED IN THIS DIVISION THAT COVER THE PREVIOUS
CALENDAR YEAR AND INDICATES THAT THE REPORTS WERE RECEIVED UNDER THIS
DIVISION;
(b)INDICATES THAT THE REPORTS
ARE OPEN FOR INSPECTION UNDER SECTION 149.43 OF THE
REVISED CODE;
(c) INDICATES THAT THE ATTORNEY GENERAL
WILL PROVIDE A COPY OF ANY OR ALL OF THE REPORTS TO THE
PRESIDENT OF THE SENATE OR THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES UPON REQUEST.
(D)(1)(a) Ten per cent of the proceeds of all property ordered
forfeited
by a juvenile court pursuant to section 2923.32 of the Revised Code shall be
applied to one or
more alcohol and drug addiction treatment programs that are certified by the
department of alcohol and drug addiction services under section 3793.06 of
the Revised Code
and that are specified in the order of forfeiture. A juvenile court shall
not
specify an alcohol or drug addiction treatment program in the order of
forfeiture unless the program is a certified alcohol and drug addiction
treatment program and, except as provided in division
(D)(1)(a) of this section, unless the program
is located in the county in which the court that orders the forfeiture is
located or in a contiguous county. If no certified alcohol and drug addiction
treatment program is located in any of those counties, the juvenile court may
specify in the order a certified alcohol and drug addiction treatment program
located anywhere within this state. The remaining ninety per cent of the
proceeds shall be disposed of as provided in divisions
(D)(1)(b) and (D)(2) of this section.
All of the proceeds of all property ordered forfeited by a court other than
a juvenile court pursuant to section 2923.32 of the Revised Code shall be
disposed of as
provided in divisions (D)(1)(b) and (D)(2)
of
this section.
(b) The remaining proceeds of all property ordered forfeited
pursuant to section 2923.32 of the Revised Code, after compliance
with division (D)(1)(a) of this section when that
division is applicable,
and all fines and
civil penalties imposed pursuant to sections 2923.32 and 2923.34
of the Revised Code shall be deposited into the state treasury
and credited to the corrupt activity investigation and
prosecution fund, which is hereby created.
(2) The proceeds, fines, and penalties credited to the
corrupt activity investigation and prosecution fund pursuant to
division (D)(1) of this section shall be disposed of in the
following order:
(a) To a civil plaintiff in an action brought within the
one-hundred-eighty-day time period specified in division (B)(1)
of this section, subject to the limit set forth in that division;
(b) To the payment of the fees and costs of the forfeiture
and sale, including expenses of seizure, maintenance, and custody
of the property pending its disposition, advertising, and court
costs;
(c) Except as otherwise provided in division (D)(2)(c) of
this section, the remainder shall be paid to the law enforcement
trust fund of the prosecuting attorney that is established
pursuant to division (D)(1)(c) of section 2933.43 of the Revised
Code and to the law enforcement trust fund of the county sheriff
that is established pursuant to that division if the county
sheriff substantially conducted the investigation, to the law
enforcement trust fund of a municipal corporation that is
established pursuant to that division if its police department
substantially conducted the investigation, to the law enforcement
trust fund of a township that is established pursuant to that
division if the investigation was substantially conducted by a
township police department, township police district police
force, or office of a township constable, or to the law
enforcement trust fund of a park district created pursuant to
section 511.18 or 1545.01 of the Revised Code that is established
pursuant to that division if the investigation was substantially
conducted by its park district police force or law enforcement
department. The prosecuting attorney may decline to accept any
of the remaining proceeds, fines, and penalties, and, if the
prosecuting attorney so declines, they shall be applied to the fund
described in division
(D)(2)(c) of this section that relates to the appropriate law
enforcement agency that substantially conducted the
investigation.
If the state highway patrol substantially conducted the
investigation, the director of budget and management shall
transfer the remaining proceeds, fines, and penalties to the
state highway patrol for deposit into the state highway patrol
contraband, forfeiture, and other fund that is created by
division (D)(1)(c) of section 2933.43 of the Revised Code. If
the state board of pharmacy substantially conducted the
investigation, the director shall transfer the remaining
proceeds, fines, and penalties to the board for deposit into the
board of pharmacy drug law enforcement fund that is created by
division (B)(1) of section 4729.65 of the Revised Code. If a
state law enforcement agency, other than the state highway patrol
or the board, substantially conducted the investigation, the
director shall transfer the remaining proceeds, fines, and
penalties to the treasurer of state for deposit into the peace
officer training commission fund that is created by
division
(D)(1)(c) of section 2933.43 of the Revised Code.
The remaining proceeds, fines, and penalties that are paid
to a law enforcement trust fund or that are deposited into the
state highway patrol contraband, forfeiture, and other fund, the
board of pharmacy drug law enforcement fund, or the peace officer
training commission fund pursuant to division (D)(2)(c)
of this
section shall be allocated, used, and expended only in accordance
with division (D)(1)(c) of section 2933.43 of the Revised Code,
only in accordance with a written internal control policy adopted
under division (D)(3) of that section, and, if applicable, only
in accordance with division (B) of section 4729.65 of the Revised
Code. The annual reports that pertain to the funds and that are
required by divisions (D)(1)(c) and (3)(b) of section 2933.43 of
the Revised Code also shall address the remaining proceeds,
fines, and penalties that are paid or deposited into the funds
pursuant to division (D)(2)(c) of this section.
(3) If more than one law enforcement agency substantially
conducted the investigation, the court ordering the forfeiture
shall equitably divide the remaining proceeds, fines, and
penalties among the law enforcement agencies that substantially
conducted the investigation, in the manner described in division
(D)(2) of section 2933.43 of the Revised Code for the equitable
division of contraband proceeds and forfeited moneys. The
equitable shares of the proceeds, fines, and penalties so
determined by the court shall be paid or deposited into the
appropriate funds specified in division (D)(2)(c) of this
section.
(E) As used in this section, "law enforcement agency"
includes, but is not limited to, the state board of pharmacy.
Sec. 2925.03. (A) No person shall knowingly sell or offer to sell a
controlled substance.
(B) This section does not apply to any of the following:
(1) Manufacturers, practitioners, pharmacists, owners of
pharmacies, and other persons whose conduct is in accordance with
Chapters 3719., 4715., 4729., 4731.,
and
4741. or section 4723.56 of the Revised Code.;
(2) If the offense involves an anabolic steroid, any
person who is conducting or participating in a research project
involving the use of an anabolic steroid if the project has been
approved by the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act.
(C) Whoever violates division (A) of this section is guilty of one of the
following:
(1) If the drug involved in the violation is any
compound, mixture, preparation, or substance included in schedule
I or schedule II, with the exception of
marihuana, cocaine, L.S.D., heroin, and hashish,
whoever
violates division (A) of this section is guilty of
aggravated trafficking in drugs. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(1)(b), (c), (d), (e),
or (f) of this section, aggravated trafficking in drugs is
a felony of the fourth degree,
and division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(1)(c), (d), (e), or (f) of
this section, if the offense was committed in the vicinity of a school or in
the vicinity of a juvenile, aggravated trafficking in drugs is a felony of the
third degree, and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
the bulk amount but does not exceed five times the bulk amount, aggravated
trafficking in drugs
is a felony of the third degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the third degree. If the amount of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, aggravated
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
five times the bulk amount but does not exceed fifty times the bulk amount,
aggravated trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree. If the
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, aggravated trafficking in drugs is a
felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(e) If the amount of the drug involved exceeds
fifty times the bulk amount but does not exceed one hundred times
the bulk amount and regardless of whether the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, aggravated trafficking in drugs is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved exceeds
one hundred times the bulk amount and regardless of whether the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, aggravated trafficking in drugs is a
felony of the first degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the first degree and may impose an additional prison
term prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(2) If the drug involved in the violation is any
compound, mixture, preparation, or substance included in schedule
III, IV, or V, whoever violates division
(A) of this section is guilty of trafficking in
drugs. The penalty for the offense shall be determined as
follows:
(a) Except as otherwise provided in division
(C)(2)(b), (c), (d), or
(e) of
this section, trafficking in drugs is a felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(2)(c), (d), or (e) of this section,
if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in drugs is
a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
the bulk amount but does not exceed five times the bulk amount, trafficking in
drugs is a
felony of the fourth degree, and there is a presumption for a
prison term for the offense. If the amount of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile,
trafficking in drugs is a felony of the third degree, and there
is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
five times the bulk amount but does not exceed fifty times the
bulk amount, trafficking in drugs is a felony of the third degree, and there
is a presumption
for a prison term for the offense. If the amount of the drug
involved is within that range and if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in drugs is a felony of the second degree, and there
is a presumption for a prison term for the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
fifty times the bulk amount, trafficking in drugs is a felony of the second
degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree. If the
amount of the drug involved exceeds fifty times the bulk amount
and if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in drugs is a felony
of the first degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the first degree.
(3) If the drug involved in the violation is marihuana or a compound,
mixture, preparation, or substance containing marihuana other than
hashish,
whoever violates division (A) of this section is guilty
of trafficking in marihuana. The penalty for the offense shall
be determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b), (c), (d), (e),
(f), or (g) of this section, trafficking in marihuana is
a felony of the
fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(3)(c), (d), (e), (f), or
(g) of
this section, if the offense was committed in the vicinity of
a school or in the vicinity of a juvenile, trafficking in
marihuana is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
two hundred grams but does not exceed one thousand grams, trafficking in
marihuana is a felony
of the fourth degree, and division (C) of section 2929.13 of the Revised Code
applies in determining whether
to impose a prison term on the offender. If the amount of the drug
involved is within that range and if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the third degree, and
division (C) of section 2929.13 of the Revised Code applies in determining whether
to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
one thousand grams but does not exceed five thousand grams, trafficking in
marihuana is a felony
of the third degree, and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. If the amount
of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the second degree, and
there is a presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
five thousand grams but does not exceed twenty thousand grams, trafficking in
marihuana is a
felony of the third degree, and there is a presumption that a
prison term shall be imposed for the offense. If the amount of
the drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in marihuana is a felony of the second
degree, and there is a presumption that a prison term shall be
imposed for the offense.
(f) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
twenty thousand grams, trafficking in marihuana is a felony of the second
degree, and
the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the second degree. If the
amount of the drug involved exceeds twenty thousand grams and if
the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in marihuana is a felony of
the first degree, and the court shall impose as a mandatory
prison term the maximum prison term prescribed for a felony of
the first degree.
(g) Except as otherwise provided in this division, if
the offense involves a gift of twenty grams or less of
marihuana, trafficking in marihuana is a minor misdemeanor upon
a first offense and a misdemeanor of the third degree upon a
subsequent offense. If the offense involves a gift of twenty
grams or less of marihuana and if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a compound,
mixture, preparation, or substance containing cocaine, whoever violates
division (A) of this section is guilty
of trafficking in cocaine. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c), (d), (e),
(f), or (g) of this section, trafficking in cocaine is a
felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(4)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the
vicinity of a
school or in the vicinity of a juvenile, trafficking in cocaine
is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds five grams but does not exceed ten grams of
cocaine
that is not crack cocaine or exceeds one gram
but does not exceed five
grams of crack cocaine, trafficking in cocaine is a felony of the
fourth degree, and there is a presumption for a prison term for the
offense. If the amount of the drug involved is within one of those ranges and
if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in cocaine is a felony
of the third degree, and there is a presumption for a prison term
for the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds ten grams but does not exceed one hundred grams
of cocaine that is not crack cocaine or
exceeds five grams but does not
exceed ten grams of crack cocaine, trafficking in cocaine is a felony of
the third degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the third
degree. If the amount of the drug involved is within one of those ranges and
if the
offense was committed in the vicinity of a school or
in the vicinity of a juvenile,
trafficking in cocaine is a
felony
of the second degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the second degree.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds one hundred grams but does not exceed five
hundred grams of cocaine that is not crack
cocaine or exceeds ten grams
but does not exceed twenty-five grams of crack cocaine,
trafficking in cocaine is a felony of
the second degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the second degree. If the amount of the drug involved is within
one of those ranges and
if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile,
trafficking in
cocaine
is a felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(f) If the amount of the drug involved exceeds
five hundred grams but does not exceed one thousand grams
of cocaine that is not crack cocaine or
exceeds twenty-five grams but does
not exceed one hundred grams of crack cocaine and regardless of whether the
offense was committed in the vicinity of a school or in the vicinity of a
juvenile,
trafficking in
cocaine is a felony of the first degree, and the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the first degree.
(g) If the amount of the drug involved exceeds
one thousand grams of cocaine that is not crack
cocaine or exceeds one
hundred grams of crack cocaine
and regardless of whether the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in cocaine
is a felony of the first degree,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree and may
impose an additional mandatory prison term prescribed for a major
drug offender under division (D)(3)(b)
of section 2929.14 of the Revised Code.
(5) If the drug involved in the violation is
L.S.D. or a compound, mixture, preparation, or substance containing
L.S.D., whoever violates division
(A) of this section is guilty of trafficking in
L.S.D. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(5)(b), (c), (d), (e), (f), or (g) of this
section, trafficking in
L.S.D. is a felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(5)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile,
trafficking in L.S.D. is a felony of the fourth
degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
ten unit doses but does not exceed fifty unit doses
of L.S.D. in a solid form or exceeds one gram
but does not
exceed five grams of L.S.D. in a liquid
concentrate, liquid
extract, or liquid distillate form,
trafficking in
L.S.D. is a felony of the fourth degree,
and there is a presumption for a prison term for the offense. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
fifty unit doses but does not exceed two hundred fifty unit doses
of L.S.D. in a solid form or exceeds five grams
but does
not exceed twenty-five grams of L.S.D. in a liquid
concentrate,
liquid extract, or liquid distillate form,
trafficking
in
L.S.D. is a felony of the third degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the third degree. If the
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
two hundred fifty unit doses but does not exceed one thousand
unit doses
of L.S.D. in a solid form or exceeds twenty-five
grams but
does not exceed one hundred grams of L.S.D. in a
liquid
concentrate, liquid extract, or liquid distillate form,
trafficking in
L.S.D. is a felony of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the first degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved exceeds
one thousand unit doses but does not exceed five thousand unit
doses
of L.S.D. in a solid form or exceeds one hundred
grams but
does not exceed five hundred grams of L.S.D. in a
liquid
concentrate, liquid extract, or liquid distillate form
and regardless of whether the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in
L.S.D. is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(g) If the amount of the drug involved exceeds
five thousand unit doses
of L.S.D. in a solid form or exceeds five
hundred grams of
L.S.D. in a liquid concentrate, liquid extract, or
liquid
distillate form
and regardless of whether the offense was committed
in the vicinity of a school or in the vicinity of a juvenile, trafficking in
L.S.D. is
a
felony of the first degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the first degree and may impose an additional mandatory
prison term prescribed for a major drug offender under
division (D)(3)(b) of section 2929.14 of
the Revised Code.
(6) If the drug involved in the violation is heroin or a compound,
mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty
of trafficking in heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in
division (C)(6)(b), (c), (d),
(e), (f), or (g) of this section,
trafficking in heroin is a felony of the fifth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to
impose
a prison term on the offender.
(b) Except as otherwise provided in
division (C)(6)(c), (d), (e),
(f), or (g) of this section, if the offense was committed
in the vicinity
of a school
or in the vicinity of a juvenile, trafficking in heroin is a
felony of the fourth degree, and division (C) of section 2929.13 of the
Revised Code
applies in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
one gram but does not exceed five grams, trafficking in heroin is a felony of
the fourth degree,
and there is a presumption for a prison term for the offense. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in heroin is a felony of the
third degree, and there is a presumption for a prison term for
the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds five
grams but does not exceed ten grams, trafficking in heroin is a felony of the
third degree,
and there is a presumption for a prison term for the offense.
If the amount of the drug involved is within that range and if
the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in heroin is a felony of the
second degree, and there is a presumption for a prison term for
the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
ten grams but does not exceed fifty grams, trafficking in heroin is a felony
of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in heroin is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved exceeds
fifty grams but does not exceed two hundred fifty grams and regardless of
whether the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
heroin is a felony of the first degree, and the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the first degree.
(g) If the amount of the drug involved exceeds
two hundred fifty grams and regardless of whether the offense was committed in
the vicinity of a school or in the vicinity of a juvenile, trafficking in
heroin is a felony of the first
degree,
and the court shall impose as a mandatory prison term the
maximum prison term prescribed for a felony of the first degree
and may impose an additional mandatory prison term prescribed for
a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(7) If the drug involved in the violation is hashish or a compound,
mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty
of trafficking in hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(7)(b), (c), (d), (e), or
(f) of this section,
trafficking in hashish is a felony of the fifth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to
impose
a prison term on the offender.
(b) Except as otherwise provided in division
(C)(7)(c), (d), (e), or (f)
of this section, if the offense was committed in the vicinity
of a
school or in the vicinity of a juvenile, trafficking in hashish
is a felony of the fourth degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a prison term on
the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds ten grams but does not exceed fifty grams of
hashish in a solid form or exceeds two grams but does not exceed ten grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the fourth
degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If the amount of
the drug involved is within that range
and if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in hashish is a felony
of the third degree, and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds fifty grams but does not exceed two hundred fifty
grams of hashish in a solid form or exceeds ten grams but does not exceed
fifty grams of hashish in a liquid concentrate, liquid extract, or liquid
distillate form, trafficking in hashish is a
felony of the
third degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If the amount of
the drug involved is within that range
and if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in hashish is a felony
of the second degree, and
there is a presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds two hundred fifty grams but does not exceed one
thousand grams of hashish in a solid form or exceeds fifty grams but does not
exceed two hundred grams of hashish in a liquid concentrate, liquid extract,
or
liquid distillate form, trafficking in hashish is a felony of
the third degree, and there is a presumption that a prison term shall be
imposed for the offense. If the amount of the drug involved is within
that range and if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in hashish
is a felony of the second degree, and there is a presumption that a prison
term shall be imposed for the offense.
(f) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
one thousand grams of hashish in a solid form or exceeds two hundred grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form,
trafficking in
hashish is a felony of the second degree, and the court shall
impose as a mandatory prison term the maximum prison term
prescribed for a felony of the second degree. If the amount of the drug
involved exceeds
one thousand grams of hashish in a solid form or exceeds two hundred grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form
and if the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of
the first degree,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree.
(D) In addition to any prison term authorized
or required by division (C) of this section and sections
2929.13 and 2929.14 of the Revised Code, and in
addition to any other sanction imposed for the offense under this
section or sections 2929.11 to 2929.18 of the Revised
Code, the court that sentences an offender who is
convicted of or pleads guilty to a violation of division
(A) of this section shall do all of the following that
are applicable regarding the offender:
(1) If the violation of division (A) of this
section is a felony of the first, second, or third degree, the
court shall impose upon the offender the mandatory fine specified
for the offense under division (B)(1) of section 2929.18
of the Revised Code unless, as specified in that
division, the court determines that the offender is indigent. Except as
otherwise provided in division (H)(1) of this section, a
mandatory fine or any other fine imposed for a violation of this
section is subject to division (F) of this
section. If a person is charged with a violation of this section
that is a felony of the first, second, or third degree, posts
bail, and forfeits the bail, the clerk of the court shall pay the
forfeited bail
pursuant to divisions (D)(1) and
(F) of this section, as if the forfeited bail was a fine
imposed for a violation of this section. If any amount of the forfeited bail
remains after that payment and if a fine is imposed under division (H)(1) of
this section, the clerk of the court shall pay the remaining amount of the
forfeited bail pursuant to divisions (H)(2) and (3) of this section, as if
that remaining amount was a fine imposed under division (H)(1) of this
section.
(2) The court shall revoke or suspend the driver's or
commercial driver's license or permit of the offender in
accordance with division (G) of this section.
(3) If the offender is a professionally licensed person
or a person who has been admitted to the bar by order of the
supreme court in compliance with its prescribed and published
rules, the court forthwith shall comply with section 2925.38 of
the Revised Code.
(E) When a person is charged with the
sale of or offer to sell a bulk amount
or a multiple of a bulk amount of a controlled substance, the jury, or the
court trying the
accused, shall determine the amount of the controlled substance
involved at the time of the offense and, if a guilty verdict is
returned, shall return the findings as part of the verdict. In
any such case, it is unnecessary to find and return the exact
amount of the controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the
controlled substance involved is the requisite
amount, or that the amount of the controlled
substance involved is less than the requisite
amount.
(F)(1) Notwithstanding any contrary provision
of section
3719.21 of the Revised Code and except as provided in division (H) of this
section, the clerk of the court shall pay any
mandatory
fine imposed pursuant
to division (D)(1) of this section and any fine other than a
mandatory fine that is imposed for
a violation of this section pursuant to division (A) or (B)(5) of section
2929.18 of the Revised Code to the
county, township, municipal corporation, park district, as
created pursuant to section 511.18 or 1545.04 of the Revised
Code, or state law enforcement agencies in this state that
primarily were responsible for or involved in making the arrest
of, and in prosecuting, the offender. However, the clerk shall not
pay a mandatory fine
so imposed to a law enforcement agency unless the
agency has adopted a written internal control policy under
division (F)(2) of this section that addresses the use of
the
fine moneys that it receives. Each agency shall use
the mandatory fines so paid to subsidize the agency's law enforcement
efforts that
pertain to drug offenses, in accordance with the written internal
control policy adopted by the recipient agency under division
(F)(2) of this section.
(2)(a) Prior to receiving any fine moneys under division
(F)(1) of this section or division (B)(5) of
section
2925.42 of
the Revised Code, a law enforcement agency shall adopt a written
internal control policy that addresses the agency's use and
disposition of all fine moneys so received and that provides for
the keeping of detailed financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type
of expenditure. The policy shall not provide for or permit the
identification of any specific expenditure that is made in an
ongoing investigation. All financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type
of expenditure by an agency are public records open for
inspection under section 149.43 of the Revised Code.
Additionally, a written internal control policy adopted under
this division is such a public record, and the agency that
adopted it shall comply with it.
(b) Each law enforcement agency that receives in any
calendar year any fine moneys under division (F)(1) of this
section or division (B)(5) of section 2925.42 of the Revised Code
shall prepare a report covering the calendar year that cumulates
all of the information contained in all of the public financial
records kept by the agency pursuant to division (F)(2)(a)
of this
section for that calendar year, and shall send a copy of the
cumulative report, no later than the first day of March in the
calendar year following the calendar year covered by the report,
to the attorney general. Each report received by the attorney
general is a public record open for inspection under section
149.43 of the Revised Code. The attorney general shall make
copies of each report received, and, no NOT later than the
fifteenth
day of April in the calendar year in which the report is REPORTS
ARE received, THE ATTORNEY GENERAL shall send a copy of it
to the president of the senate
and the speaker of the house of representatives
A WRITTEN NOTIFICATION THAT DOES ALL OF THE
FOLLOWING:
(i) INDICATES THAT THE ATTORNEY GENERAL HAS RECEIVED FROM
LAW ENFORCEMENT AGENCIES REPORTS OF THE TYPE DESCRIBED IN THIS DIVISION THAT
COVER
THE PREVIOUS
CALENDAR YEAR AND INDICATES THAT THE REPORTS WERE RECEIVED UNDER THIS
DIVISION;
(ii) INDICATES THAT THE REPORTS
ARE OPEN FOR INSPECTION UNDER SECTION 149.43 OF THE
REVISED CODE;
(iii) INDICATES THAT THE ATTORNEY GENERAL
WILL PROVIDE A COPY OF ANY OR ALL OF THE REPORTS TO THE
PRESIDENT OF THE SENATE OR THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES UPON REQUEST.
(3) As used in division
(F) of this section:
(a) "Law enforcement agencies" includes, but is not
limited to, the state board of pharmacy and the office of a
prosecutor.
(b) "Prosecutor" has the same meaning as in section
2935.01 of the Revised Code.
(G) When required under division
(D)(2) of
this section, the court either shall revoke or, if it
does not revoke, shall suspend for not less than six
months or more than five years, the driver's or
commercial
driver's license or permit of any person who is convicted of or
pleads
guilty to a violation of this section that is a felony of the
first degree and shall suspend for not less than six months
or
more than five years the driver's or commercial driver's license
or permit
of any person who is convicted of or pleads guilty to any other
violation of this section. If an offender's driver's or
commercial driver's license or permit is revoked pursuant to this
division,
the offender, at any time after the expiration of two years from
the day on which the offender's sentence was imposed or from the
day on
which the offender finally was released from a
prison
term under the
sentence, whichever is later, may file a motion with the
sentencing court requesting termination of the revocation; upon
the filing of such a motion and the court's finding of good cause
for the termination, the court may terminate the revocation.
(H)(1) In addition to any prison term
authorized or required by division (C) of this section and
sections 2929.13 and 2929.14 of the
Revised Code, in addition to any other
penalty or sanction imposed for the offense under this section
or sections 2929.11 to 2929.181 of the
Revised Code, and in addition to the
forfeiture of property in connection with the offense as
prescribed in sections 2925.42 to 2925.45 of the
Revised Code, the court that sentences
an offender who is convicted of or pleads guilty to a violation
of division (A) of this section may impose upon the offender an
additional fine specified for the offense in
division (B)(4) of section
2929.18 of the Revised Code. A fine imposed under
division (H)(1) of this section
is not subject to division (F) of this section and shall
be used solely for the support of one or more eligible alcohol
and drug addiction programs in accordance with divisions
(H)(2) and (3) of this section.
(2) The court that imposes a fine under division
(H)(1) of this section shall
specify in the judgment that imposes the fine one or more
eligible alcohol and drug addiction programs for the support of
which the fine money is to be used. No alcohol and drug
addiction program shall receive or use money paid or collected
in satisfaction of a fine imposed under division
(H)(1) of this section unless
the program is specified in the judgment that imposes the fine.
No alcohol and drug addiction program shall be specified in the
judgment unless the program is an eligible alcohol and drug
addiction program and, except as otherwise provided in division
(H)(2) of this section, unless
the program is located in the county in which the court that
imposes the fine is located or in a county that is immediately
contiguous to the county in which that court is located. If no
eligible alcohol and drug addiction program is located in any
of those counties, the judgment may specify an eligible alcohol
and drug addiction program that is located anywhere within this
state.
(3) Notwithstanding any contrary provision of section
3719.21 of the Revised Code, the clerk of the court
shall pay any fine imposed under division
(H)(1) of this section to the eligible alcohol and drug addiction
program specified pursuant to division (H)(2) of this section in the
judgment. The eligible alcohol and drug addiction program that receives the
fine moneys shall use the moneys only for the
alcohol and drug addiction services identified in the
application for certification under section 3793.06 of the
Revised Code or in the application for a
license under section 3793.11 of the Revised Code filed with
the department of alcohol and drug addiction services by the alcohol and drug
addiction program specified in the judgment.
(4) Each alcohol and drug addiction program that receives
in a calendar year any fine moneys under division
(H)(3) of this section shall
file an annual report covering that calendar year with the court
of common pleas and the board of county commissioners of the
county in which the program is located, with the court of common pleas and the
board of county commissioners of each county from which the program received
the moneys if that county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug addiction
program shall file the report no later than the first day of March in
the calendar year
following the calendar year in which the program received the
fine moneys. The report shall include statistics on the number
of persons served by the alcohol and drug addiction program,
identify the types of alcohol and drug addiction services
provided to those persons, and include a specific accounting of
the purposes for which the fine moneys received were used. No
information contained in the report shall identify, or enable a
person to determine the identity of, any person served by the
alcohol and drug addiction program. Each report received by a
court of common pleas, a board of county commissioners, or the
attorney general is a public record open for inspection under
section 149.43 of the Revised Code.
(5) As used in divisions (H)(1) to (5) of this section:
(a) "Alcohol and drug addiction
program" and "alcohol and drug addiction services" have the same
meanings as in section 3793.01 of the Revised Code.
(b) "Eligible alcohol and drug
addiction program" means an alcohol and drug addiction program
that is certified under section 3793.06 of the
Revised Code or licensed under section
3793.11 of the Revised Code by the department of
alcohol and drug addiction services.
Sec. 2933.41. (A)(1) Any property, other than contraband
that is subject to the provisions of section 2913.34 or
2933.43 of the
Revised Code, other than property that is subject to section
3719.141 of the Revised Code, other than property that is
forfeited under sections 2925.41 to 2925.45 of the Revised Code,
other than a vehicle that is criminally forfeited under an order
issued under section 4503.233 or 4503.234 of the Revised Code and
that is to be disposed of under section 4503.234 of the Revised
Code, other than property that has been lawfully seized under
sections 2933.71 to 2933.75 of the Revised Code in relation to a
medicaid fraud offense, and other than property that has been
lawfully seized in relation to a violation of section 2923.32 of
the Revised Code, that has been lost, abandoned, stolen, seized
pursuant to a search warrant, or otherwise lawfully seized or
forfeited, and that is in the custody of a law enforcement
agency shall be kept safely pending the time it no longer is
needed as evidence and shall be disposed of pursuant to this
section. Each law enforcement agency that has custody of any
property that is subject to this section shall adopt a written
internal control policy that addresses the keeping of detailed
records as to the amount of property taken in by the agency, that
addresses the agency's disposition of the property under this
section, that provides for the keeping of detailed records of the
disposition of the property, and that provides for the keeping of
detailed financial records of the amount and disposition of any
proceeds of a sale of the property under division (D)(8) of this
section and of the general types of expenditures made out of the
proceeds retained by the agency and the specific amount expended
on each general type of expenditure. The policy shall not
provide for or permit the identification of any specific
expenditure that is made in an ongoing investigation. The policy
is a public record open for inspection under section 149.43 of
the Revised Code.
(2)(a) Every law enforcement agency that has any lost,
abandoned, stolen, seized, or forfeited property as described in
division (A)(1) of this section in its custody shall comply with
its written internal control policy adopted under that division
relative to the property. Each agency that has any
property of that nature
in its custody, except for property to be disposed of under
division (D)(4) of this section, shall maintain an accurate
record, in accordance with its written internal control policy,
of each item of the property. The record shall include the date
on which each item of property came into the agency's custody,
the manner in which it was disposed of, the date of its
disposition, the name of the person who received the property if
it was not destroyed, and all other information required by the
agency's written internal control policy; however, the record
shall not identify or enable the identification of the individual
officer who seized any item of property. The record of any
property that no longer is needed as evidence, and all financial
records of the amount and disposition of any proceeds of a sale
under division (D)(8) of this section and of the general types of
expenditures made out of the proceeds retained by the agency and
the specific amount of each general type of expenditure, shall be
open to public inspection during the agency's regular business
hours.
Each law enforcement agency that, during any calendar year,
has any seized or forfeited property as described in division
(A)(1) of this section in its custody shall prepare a report
covering the calendar year that cumulates all of the information
contained in all of the records kept by the agency pursuant to
this division for that calendar year and shall send a copy of
the cumulative report, no later than the first day of March in
the calendar year following the calendar year covered by the
report, to the attorney general. Each report received by the
attorney general is a public record open for inspection under
section 149.43 of the Revised Code. The attorney general shall
make copies of each report received and, no later than the
fifteenth day of April in the calendar year in which the report
is received, shall send a copy of it to the president of the
senate and the speaker of the house of representatives.
(b) Each law enforcement agency that receives in any
calendar year any proceeds of a sale under division (D)(8) of
this section shall prepare a report covering the calendar year
that cumulates all of the information contained in all of the
public financial records kept by the agency pursuant to division
(D)(2)(a) of this section for that calendar year and shall send
a copy of the cumulative report, no later than the first day of
March in the calendar year following the calendar year covered by
the report, to the attorney general. Each report received by the
attorney general is a public record open for inspection under
section 149.43 of the Revised Code. The attorney general shall
make copies of each report received and, no later than the
fifteenth day of April in the calendar year in which the report
is received, shall send a copy of it to the president of the
senate and the speaker of the house of representatives.
(c) NOT LATER THAN THE FIFTEENTH DAY OF APRIL IN THE
CALENDAR YEAR IN WHICH REPORTS ARE SENT TO THE ATTORNEY GENERAL UNDER
DIVISIONS (A)(2)(a) AND (b) OF THIS
SECTION, THE
ATTORNEY GENERAL SHALL SEND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES A WRITTEN NOTIFICATION THAT DOES ALL OF THE
FOLLOWING:
(i) INDICATES THAT THE ATTORNEY GENERAL HAS RECEIVED FROM
LAW ENFORCEMENT AGENCIES REPORTS
OF THE TYPE DESCRIBED IN DIVISION (A)(2)(a),
(A)(2)(b), OR BOTH (A)(2)(a)
AND (b) OF THIS SECTION, WHICHEVER IS APPLICABLE, THAT
COVER THE PREVIOUS
CALENDAR YEAR AND INDICATES THAT THE REPORTS WERE RECEIVED UNDER DIVISION
(A)(2)(a), (A)(2)(b), OR BOTH
(A)(2)(a) AND (b) OF THIS SECTION,
WHICHEVER IS APPLICABLE;
(ii) INDICATES THAT THE REPORTS
ARE OPEN FOR INSPECTION UNDER SECTION 149.43 OF THE
REVISED CODE;
(iii) INDICATES THAT THE ATTORNEY GENERAL
WILL PROVIDE A COPY OF ANY OR ALL OF THE REPORTS TO THE
PRESIDENT OF THE SENATE OR THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES UPON REQUEST.
(B) A law enforcement agency that has property in its
possession that is required to be disposed of pursuant to this
section shall make a reasonable effort to locate the persons
entitled to possession of the property in its custody, to notify
them of when and where it may be claimed, and to return the
property to them at the earliest possible time. In the absence
of evidence identifying persons entitled to possession, it is
sufficient notice to advertise in a newspaper of general
circulation in the county, briefly describing the nature of the
property in custody and inviting persons to view and establish
their right to it.
(C) A person loses any right that the person may have to the
possession, or the possession and ownership, of property if any
of the following applies:
(1) The property was the subject, or was used in a
conspiracy or attempt to commit, or in the commission, of an
offense other than a traffic offense, and the person is a
conspirator, accomplice, or offender with respect to the offense.
(2) A court determines that the property should be
forfeited because, in light of the nature of the property or the
circumstances of the person, it is unlawful for the person to
acquire or possess the property.
(D) Unclaimed or forfeited property in the custody of a
law enforcement agency, other than contraband that is subject to
the provisions of section 2913.34 or 2933.43 of the Revised
Code, other than
property forfeited under sections 2925.41 to 2925.45 of the
Revised Code, and other than property that has been lawfully
seized in relation to a violation of section 2923.32 of the
Revised Code, shall be disposed of on application to and order of
any court of record that has territorial jurisdiction over the
political subdivision in which the law enforcement agency has
jurisdiction to engage in law enforcement activities, as follows:
(1) Drugs shall be disposed of pursuant to section 3719.11
of the Revised Code or placed in the custody of the secretary of
the treasury of the United States for disposal or use for medical
or scientific purposes under applicable federal law.
(2) Firearms and dangerous ordnance suitable for police
work may be given to a law enforcement agency for that purpose.
Firearms suitable for sporting use or as museum pieces or
collectors' items may be sold at public auction pursuant to
division (D)(8) of this section. Other firearms and dangerous
ordnance shall be destroyed by the agency or shall be sent to the
bureau of criminal identification and investigation for
destruction by the bureau.
(3) Obscene materials shall be destroyed.
(4) Beer, intoxicating liquor, or alcohol seized from a
person who is not the holder of a permit issued under Chapters
4301. and 4303. of the Revised Code or is an offender and
forfeited to the state under section 4301.45 or 4301.53 of the
Revised Code shall be sold by the division of liquor control,
if the division determines that the beer, intoxicating liquor,
or alcohol is fit for sale. If any tax imposed under Title XLIII
of the Revised Code has not been paid in relation to the beer,
intoxicating liquor, or alcohol, the proceeds of the sale shall
first be used to pay the tax. All other money collected under
division (D)(4) of this section shall be paid into the state
treasury. Any such beer, intoxicating liquor, or alcohol that
the division determines to be unfit for sale shall be
destroyed.
(5) Money received by an inmate of a correctional
institution from an unauthorized source or in an unauthorized
manner shall be returned to the sender, if known, or deposited in
the inmates' industrial and entertainment fund if the sender is
not known.
(6) Vehicles and vehicle parts forfeited under sections
4549.61 to 4549.63 of the Revised Code may be given to a law
enforcement agency for use in the performance of its duties.
Those parts may be incorporated into any other official vehicle.
Parts that do not bear vehicle identification numbers or
derivatives of them may be sold or disposed of as provided by
rules of the director of public safety. Parts from which a
vehicle identification number or derivative of it has been
removed, defaced, covered, altered, or destroyed and that are not
suitable for police work or incorporation into an official
vehicle shall be destroyed and sold as junk or scrap.
(7)(a) Computers, computer networks, computer systems, and
computer software suitable for police work may be given to a law
enforcement agency for that purpose. Other computers, computer
networks, computer systems, and computer software shall be
disposed of pursuant to division (D)(8) of this section.
(b) As used in this section, "computers," "computer
networks," "computer systems," and "computer software" have the
same meanings as in section 2913.01 of the Revised Code.
(8) Other unclaimed or forfeited property, with the
approval of the court, may be used by the law enforcement agency
that has possession of it. If the other unclaimed or forfeited
property is not used by the law enforcement agency, it may be
sold, without appraisal, at a public auction to the highest
bidder for cash, or, in the case of other unclaimed or forfeited
moneys, disposed of in another manner that the court considers
proper in the circumstances.
(E)(1)(a) If the property was in the possession
of the law enforcement agency in relation to a delinquent child
proceeding in a juvenile court, ten per cent of the proceeds from
property disposed of pursuant to this section shall be applied to
one or more alcohol and drug addiction treatment programs that
are certified by the department of alcohol and drug addiction
services under section 3793.06 of the Revised
Code and that are specified by the court in its order
issued under division (D) of this section. A juvenile court shall
not
specify an alcohol or
drug addiction treatment program in the order
unless the program is a certified alcohol and drug addiction
treatment program and, except as provided in division
(E)(1)(a) of this section, unless the program is located
in the county in which the court
that issues the orders is located or in a contiguous county. If
no certified alcohol and drug addiction treatment program is
located in any of those counties, the juvenile court may specify in the order
a
certified alcohol and drug
addiction treatment program located anywhere within this state. The remaining
ninety per cent of
the proceeds shall be applied as provided in divisions
(E)(1)(b) of this section.
If the property was in the possession of the law
enforcement agency other than in relation to a delinquent child
proceeding in a juvenile court, all of the proceeds from property
disposed of pursuant to this section shall be applied as provided
in division (E)(1)(b) of this section.
(b) Except as provided in divisions (D)(4), (5), and
(E)(2) of this section and after compliance with division
(E)(1)(a) of this section when that division is
applicable, the proceeds from property
disposed of
pursuant to this section shall be placed in the general fund of
the state, the county, the township, or the municipal
corporation, of which the law enforcement agency involved is an
agency.
(2) Each board of county commissioners that recognizes a
citizens' reward program as provided in section 9.92 of the
Revised Code shall notify each law enforcement agency of that
county and each law enforcement agency of a township or municipal
corporation wholly located in that county of the official
recognition of the citizens' reward program by filing a copy of
its resolution conferring that recognition with each
of those law enforcement agencies. When the board of county
commissioners of a
county recognizes a citizens' reward program and the county
includes a part, but not all, of the territory of a municipal
corporation, the board shall so notify the law enforcement agency
of that municipal corporation of the official recognition of the
citizens' reward program only if the county contains the highest
percentage of the municipal corporation's population. Upon
receipt of a notice of that nature, each law enforcement
agency shall pay
twenty-five per cent of the proceeds from each sale of property
disposed of pursuant to this section to the citizens' reward
program for use exclusively for the payment of rewards. No part
of those funds may be used to pay for the administrative expenses
or any other expenses associated with a citizens' reward program. If a
citizens' reward program that operates in more than one
county or in another state or states in addition to this state
receives funds pursuant to this section, the funds shall be used
to pay rewards only for tips and information to law enforcement
agencies concerning felonies, offenses of violence, or
misdemeanors that have been committed in the county from which
the funds were received.
(F) This section does not apply to the collection,
storage, or disposal of abandoned junk motor vehicles. This
section shall not be construed to rescind or restrict the
authority of a municipal law enforcement agency to keep and
dispose of lost, abandoned, stolen, seized, or forfeited property
under an ordinance of the municipal corporation, provided that,
when a municipal corporation that has received notice as provided
in division (E)(2) of this section disposes of property under
an ordinance of that nature, it shall pay twenty-five per
cent of the
proceeds from any sale or auction to the citizens' reward program
as provided under that division.
(G) The receipt of funds by a citizens' reward program
pursuant to division (E) of this section does not make it a
governmental unit for purposes of section 149.43 of the Revised
Code and does not subject it to the disclosure provisions of that
section.
(H) For purposes of this section, "law enforcement agency"
includes correctional institutions. As used in this section,
"citizens' reward program" has the same meaning as in section
9.92 of the Revised Code.
Sec. 2933.43. (A)(1) Except as provided in this division or in section
2913.34
or sections 2925.41 to 2925.45 of the Revised Code,
a law enforcement officer shall seize any contraband that has been, is
being, or is intended to be used in violation of division (A) of
section 2933.42 of the Revised Code. A law enforcement officer
shall seize contraband that is a watercraft, motor vehicle, or
aircraft and that has been, is being, or is intended to be used
in violation of division (A) of section 2933.42 of the Revised
Code only if the watercraft, motor vehicle, or aircraft is
contraband because of its relationship to an underlying criminal
offense that is a felony.
Additionally, a law enforcement officer shall seize any
watercraft, motor vehicle, aircraft, or other personal property
that is classified as contraband under division (B) of section
2933.42 of the Revised Code if the underlying offense involved in
the violation of division (A) of that section that resulted in
the watercraft, motor vehicle, aircraft, or personal property
being classified as contraband, is a felony.
(2) If a law enforcement officer seizes property that is
titled or registered under law, including a motor vehicle,
pursuant to division (A)(1) of this section, the officer or the officer's
employing law enforcement agency shall notify the owner of the
seizure. The notification shall be given to the owner at the owner's last
known address within seventy-two hours after the seizure,
and may be given orally by any means, including telephone, or by
certified mail, return receipt requested.
If the officer or the officer's agency is unable to provide the
notice required by this division despite reasonable, good faith
efforts to do so, the exercise of the reasonable, good faith
efforts constitutes fulfillment of the notice requirement imposed
by this division.
(B)(1) A motor vehicle seized pursuant to division (A)(1)
of this section and the contents of the vehicle may be retained
for a reasonable period of time, not to exceed seventy-two hours,
for the purpose of inspection, investigation, and the gathering
of evidence of any offense or illegal use.
At any time prior to the expiration of the seventy-two-hour
period, the law enforcement agency that seized the motor vehicle
may petition the court of common pleas of the county that has
jurisdiction over the underlying criminal case or administrative
proceeding involved in the forfeiture for an extension of the
seventy-two-hour period if the motor vehicle or its contents are
needed as evidence or if additional time is needed for the
inspection, investigation, or gathering of evidence. Upon the
filing of such a petition, the court immediately shall schedule a
hearing to be held at a time as soon as possible after the
filing, but in no event at a time later than the end of the next
business day subsequent to the day on which the petition was
filed, and upon scheduling the hearing, immediately shall notify
the owner of the vehicle, at the address at which notification of
the seizure was provided under division (A) of this section, of
the date, time, and place of the hearing. If the court, at the
hearing, determines that the vehicle or its contents, or both,
are needed as evidence or that additional time is needed for the
inspection, investigation, or gathering of evidence, the court
may grant the petition and issue an order authorizing the
retention of the vehicle or its contents, or both, for an
extended period as specified by the court in its order. An order
extending a period of retention issued under this division may be
renewed.
If no petition for the extension of the initial
seventy-two-hour period has been filed, prior to the expiration
of that period, under this division, if the vehicle was not in
the custody and control of the owner at the time of its seizure,
and if, at the end of that seventy-two-hour period, the owner of
the vehicle has not been charged with an offense or
administrative violation that includes the use of the vehicle as
an element and has not been charged with any other offense or
administrative violation in the actual commission of which the
motor vehicle was used, the vehicle and its contents shall be
released to its owner or the owner's agent, provided that the law
enforcement agency that seized the vehicle may require proof of
ownership of the vehicle, proof of ownership or legal possession
of the contents, and an affidavit of the owner that the owner neither
knew of nor expressly or impliedly consented to the use of the
vehicle that resulted in its forfeiture as conditions precedent
to release. If a petition for the extension of the initial
seventy-two-hour period has been filed, prior to the expiration
of that period, under this division but the court does not grant
the petition, if the vehicle was not in the custody and control
of the owner at the time of its seizure, and if, at the end of
that seventy-two-hour period, the owner of the vehicle has not
been charged with an offense or administrative violation that
includes the use of the vehicle as an element and has not been
charged with any other offense or administrative violation in the
actual commission of which the motor vehicle was used, the
vehicle and its contents shall be released to its owner or the owner's agent,
provided that the court may require the proof and
affidavit described in the preceding sentence as conditions
precedent to release. If the initial seventy-two-hour period has
been extended under this division, the vehicle and its contents
to which the extension applies may be retained in accordance with
the extension order. If, at the end of that extended period, the
owner of the vehicle has not been charged with an offense or
administrative violation that includes the use of the vehicle as
an element and has not been charged with any other offense or
administrative violation in the actual commission of which the
motor vehicle was used, and if the vehicle was not in the custody
and control of the owner at the time of its seizure, the vehicle
and its contents shall be released to its owner or the owner's agent,
provided that the court may require the proof and affidavit
described in the third preceding sentence as conditions precedent
to release. In cases in which the court may require proof and
affidavits as conditions precedent to release, the court also may
require the posting of a bond, with sufficient sureties approved
by the court, in an amount equal to the value of the property to
be released, as determined by the court, and conditioned upon the
return of the property to the court if it is forfeited under this
section, as a further condition to release. If, at the end of
the initial seventy-two-hour period or at the end of any extended
period granted under this section, the owner has been charged
with an offense or administrative violation that includes the use
of the vehicle as an element or has been charged with another
offense or administrative violation in the actual commission of
which the motor vehicle was used, or if the vehicle was in the
custody and control of the owner at the time of its seizure, the
vehicle and its contents shall be retained pending disposition of
the charge, provided that upon the filing of a motion for release
by the owner, if the court determines that the motor vehicle or
its contents, or both, are not needed as evidence in the
underlying criminal case or administrative proceeding, the court
may permit the release of the property that is not needed as
evidence to the owner; as a condition precedent to a release of that nature,
the court may require the owner to execute a bond with
the court. Any bond so required shall be in an amount equal to
the value of the property to be released, as determined by the
court, shall have sufficient sureties approved by the court, and
shall be conditioned upon the return of the property to the court
to which it is forfeited under this section.
The final disposition of a motor vehicle seized pursuant to
division (A)(1) of this section shall be determined in accordance
with division (C) of this section.
(2) Pending a hearing pursuant to division (C) of this
section, and subject to divisions (B)(1) and (C) of this section,
any property lawfully seized pursuant to division (A) of this
section because it was contraband of a type described in division
(A)(13)(b), (d), (e),
(f), (g), (h), (i), or (j) of section
2901.01 of the Revised Code shall not be subject to replevin or
other action in any court and shall not be subject to release
upon request of the owner, and no judgment shall be enforced
against the property. Pending the hearing, and subject to
divisions (B)(1) and (C) of this section, the property shall be
kept in the custody of the law enforcement agency responsible for
its seizure.
Pending a hearing pursuant to division (C) of this section,
and notwithstanding any provisions of division (B)(1) or (C) of
this section to the contrary, any property lawfully seized
pursuant to division (A) of this section because it was
contraband of a type described in division (A)(13)(a) or
(c) of section 2901.01 of the Revised Code shall not be
subject to replevin or other action in any court and shall not be subject
to release upon request of the owner, and no judgment shall be
enforced against the property. Pending the hearing, and
notwithstanding any provisions of division (B)(1) or (C) of this
section to the contrary, the property shall be kept in the
custody of the law enforcement agency responsible for its
seizure.
A law enforcement agency that seizes property under
division (A) of this section because it was contraband of any
type described in division (A)(13) of section 2901.01 or
division (B) of section 2933.42 of the Revised Code shall maintain an accurate
record of each item of property so seized, which record shall
include the date on which each item was seized, the manner and
date of its disposition, and if applicable, the name of the
person who received the item; however, the record shall not
identify or enable the identification of the individual officer
who seized the item. The record of property of that nature that no
longer is needed as evidence shall be open to public inspection
during the agency's regular business hours. Each law enforcement
agency that, during any calendar year, seizes property under
division (A) of this section because it was contraband shall
prepare a report covering the calendar year that cumulates all of
the information contained in all of the records kept by the
agency pursuant to this division for that calendar year, and
shall send a copy of the cumulative report, no later than the
first day of March in the calendar year following the calendar
year covered by the report, to the attorney general. Each report
received by the attorney general is a public record open for
inspection under section 149.43 of the Revised Code. The
attorney general shall make copies of each report received, and,
no NOT later than the fifteenth day of April in the calendar year
in which the report is REPORTS ARE received, THE ATTORNEY
GENERAL shall send a copy of it to the
president of the senate and the speaker of the house of
representatives A WRITTEN NOTIFICATION THAT DOES ALL OF THE
FOLLOWING:
(a) INDICATES THAT THE ATTORNEY GENERAL HAS RECEIVED FROM
LAW ENFORCEMENT AGENCIES REPORTS
OF THE TYPE DESCRIBED IN THIS DIVISION THAT COVER THE PREVIOUS
CALENDAR YEAR AND INDICATES THAT THE REPORTS WERE RECEIVED UNDER THIS
DIVISION;
(b) INDICATES THAT THE REPORTS
ARE OPEN FOR INSPECTION UNDER SECTION 149.43 OF THE
REVISED CODE;
(c) INDICATES THAT THE ATTORNEY GENERAL
WILL PROVIDE A COPY OF ANY OR ALL OF THE REPORTS TO THE
PRESIDENT OF THE SENATE OR THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES UPON REQUEST.
(C) The prosecuting attorney, village solicitor, city
director of law, or similar chief legal officer who has
responsibility for the prosecution of the underlying criminal
case or administrative proceeding, or the attorney general if the
attorney general has that responsibility, shall file a petition
for the forfeiture, to the seizing law enforcement agency of the
contraband seized pursuant to division (A) of this section. The
petition shall be filed in the court that has jurisdiction over
the underlying criminal case or administrative proceeding
involved in the forfeiture. If the property was seized on the
basis of both a criminal violation and an administrative
regulation violation, the petition shall be filed by the officer
and in the court that is appropriate in relation to the criminal
case.
The petitioner shall conduct or cause to be conducted a
search of the appropriate public records that relate to the
seized property for the purpose of determining, and shall make or
cause to be made reasonably diligent inquiries for the purpose of
determining, any person having an ownership or security interest
in the property. The petitioner then shall give notice of the
forfeiture proceedings by personal service or by certified mail,
return receipt requested, to any persons known, because of the
conduct of the search, the making of the inquiries, or otherwise,
to have an ownership or security interest in the property, and
shall publish notice of the proceedings once each week for two
consecutive weeks in a newspaper of general circulation in the
county in which the seizure occurred. The notices shall be
personally served, mailed, and first published at least four
weeks before the hearing. They shall describe the property
seized; state the date and place of seizure; name the law
enforcement agency that seized the property and, if applicable,
that is holding the property; list the time, date, and place of
the hearing; and state that any person having an ownership or
security interest in the property may contest the forfeiture.
If the property seized was determined by the seizing law
enforcement officer to be contraband because of its relationship
to an underlying criminal offense or administrative violation, no
forfeiture hearing shall be held under this section unless the
person pleads guilty to or is convicted of the commission of, or
an attempt or conspiracy to commit, the offense or a different
offense arising out of the same facts and circumstances or unless
the person admits or is adjudicated to have committed the
administrative violation or a different violation arising out of
the same facts and circumstances; a forfeiture hearing shall be
held in a case of that nature no later than forty-five days after the
conviction or the admission or adjudication of the violation,
unless the time for the hearing is extended by the court for good
cause shown. The owner of any property seized because of its
relationship to an underlying criminal offense or administrative
violation may request the court to release the property to the owner. Upon
receipt of a request of that nature, if the court determines that the
property is not needed as evidence in the underlying criminal
case or administrative proceeding, the court may permit the
release of the property to the owner. As a condition precedent
to a release of that nature, the court may require the owner to execute a
bond with the court. Any bond so required shall have sufficient
sureties approved by the court, shall be in a sum equal to the
value of the property, as determined by the court, and shall be
conditioned upon the return of the property to the court if the
property is forfeited under this section. Any property seized
because of its relationship to an underlying criminal offense or
administrative violation shall be returned to its owner if
charges are not filed in relation to that underlying offense or
violation within thirty days after the seizure, if charges of that nature are
filed and subsequently are dismissed, or if charges of that nature are filed
and the person charged does not plead guilty to and is not convicted of the
offense or does not admit and is not found to have committed the violation.
If the property seized was determined by the seizing law
enforcement officer to be contraband other than because of a
relationship to an underlying criminal offense or administrative
violation, the forfeiture hearing under this section shall be
held no later than forty-five days after the seizure, unless the
time for the hearing is extended by the court for good cause
shown.
Where possible, a court holding a forfeiture hearing under
this section shall follow the Rules of Civil Procedure. When a
hearing is conducted under this section, property shall be
forfeited upon a showing, by a preponderance of the evidence, by
the petitioner that the person from which the property was seized
was in violation of division (A) of section 2933.42 of the
Revised Code. If that showing is made, the court shall issue an
order of forfeiture. If an order of forfeiture is issued in
relation to contraband that was released to the owner or the owner's agent
pursuant to this division or division (B)(1) of this
section, the order shall require the owner to deliver the
property, by a specified date, to the law enforcement agency that
employed the law enforcement officer who made the seizure of the
property, and the court shall deliver a copy of the order to the
owner or send a copy of it by certified mail, return receipt
requested, to the owner at the address to which notice of the
seizure was given under division (A)(2) of this section. Except
as otherwise provided in this division, all rights, interest, and
title to the forfeited contraband vests in the state, effective
from the date of seizure.
No property shall be forfeited pursuant to this division if
the owner of the property establishes, by a preponderance of the
evidence, that the owner neither knew, nor should have known after a
reasonable inquiry, that the property was used, or was likely to
be used, in a crime or administrative violation. No bona fide
security interest shall be forfeited pursuant to this division if
the holder of the interest establishes, by a preponderance of the
evidence, that the holder of the interest neither knew, nor should have known
after a
reasonable inquiry, that the property was used, or likely to be
used, in a crime or administrative violation, that the holder of the interest
did not
expressly or impliedly consent to the use of the property in a
crime or administrative violation, and that the security interest
was perfected pursuant to law prior to the seizure. If the
holder of the interest satisfies the court that these
requirements are met, the interest shall be preserved by the
court. In a case of that nature, the court shall either order that the
agency to which the property is forfeited reimburse the holder of the interest
to the extent of the preserved interest or order that the
holder be paid for the interest from the proceeds of any
sale pursuant to division (D) of this section.
(D)(1) Contraband ordered forfeited pursuant to this
section shall be disposed of pursuant to divisions (D)(1) to (7)
of section 2933.41 of the Revised Code or, if the contraband is
not described in those divisions, may be used, with the approval
of the court, by the law enforcement agency that has custody of
the contraband pursuant to division (D)(8) of that section. In
the case of contraband not described in any of those divisions
and of contraband not disposed of pursuant to any of those
divisions, the contraband shall be sold in accordance with this
division or, in the case of forfeited moneys, disposed of in
accordance with this division. If the contraband is to be sold,
the prosecuting attorney shall cause a notice of the proposed
sale of the contraband to be given in accordance with law, and
the property shall be sold, without appraisal, at a public
auction to the highest bidder for cash. The proceeds of a sale
and forfeited moneys shall be applied in the following order:
(a) First, to the payment of the costs incurred in
connection with the seizure of, storage of, maintenance of, and
provision of security for the contraband, the forfeiture
proceeding, and, if any, the sale;
(b) Second, the remaining proceeds or forfeited moneys
after compliance with division (D)(1)(a) of this section, to the
payment of the balance due on any security interest preserved
pursuant to division (C) of this section;
(c) Third, the remaining proceeds or forfeited moneys
after compliance with divisions (D)(1)(a) and (b) of this
section, as follows:
(i) If the forfeiture was ordered in a juvenile court, ten per
cent to one or more alcohol and drug addiction treatment programs that are
certified by the department of alcohol and drug addiction services under
section 3793.06 of the Revised Code and that are specified in the order of
forfeiture. A
juvenile court shall not certify an alcohol or drug addiction treatment
program in the order of forfeiture unless the program is a certified alcohol
and drug addiction treatment program and, except as provided in division
(D)(1)(c)(i) of this section, unless the program
is located in the county in which the court that orders the forfeiture is
located or in a contiguous county. If no certified alcohol and drug addiction
treatment program is located in any of those counties, the juvenile court may
specify in the order a certified alcohol and drug addiction treatment program
located anywhere within this state.
(ii) If the forfeiture was ordered in a juvenile court, ninety
per cent, and if the forfeiture was ordered in a court other than a juvenile
court, one hundred per cent to the law enforcement trust fund of the
prosecuting
attorney and to the law enforcement trust fund of the county
sheriff if the county sheriff made the seizure, to the law
enforcement trust fund of a municipal corporation if its police
department made the seizure, to the law enforcement trust fund of
a township if the seizure was made by a township police
department, township police district police force, or office of a
township constable, to the law enforcement trust fund of a park
district created pursuant to section 511.18 or 1545.01 of the
Revised Code if the seizure was made by the park district police
force or law enforcement department, to the state highway patrol
contraband, forfeiture, and other fund if the state highway
patrol made the seizure, to the liquor enforcement contraband, forfeiture, and
other fund if the liquor enforcement unit of the department of public
safety made the
seizure, to the food stamp contraband, forfeiture, and other fund if the food
stamp
trafficking unit of the department of public safety made the seizure, to the
board of pharmacy drug law enforcement fund
created by division (B)(1) of section 4729.65 of the Revised Code
if the board made the seizure, or to the treasurer of state for
deposit into the peace officer training commission fund
if a state
law enforcement agency, other than the state highway patrol, the
department of public safety, or the state board of pharmacy,
made the seizure. The prosecuting attorney may decline to accept
any of the remaining proceeds or forfeited moneys, and, if the prosecuting
attorney so
declines, the remaining proceeds or forfeited moneys shall be
applied to the fund described in this division that relates to
the law enforcement agency that made the seizure.
A law enforcement trust fund shall be established by the
prosecuting attorney of each county who intends to receive any
remaining proceeds or forfeited moneys pursuant to this division,
by the sheriff of each county, by the legislative authority of
each municipal corporation, by the board of township trustees of
each township that has a township police department, township
police district police force, or office of the constable, and by
the board of park commissioners of each park district created
pursuant to section 511.18 or 1545.01 of the Revised Code that
has a park district police force or law enforcement department,
for the purposes of this division. There is hereby created in
the state treasury the state highway patrol contraband,
forfeiture, and other fund, the liquor enforcement contraband, forfeiture, and
other fund, the food stamp contraband, forfeiture, and other fund, and the
peace officer training commission fund, for the purposes
described in this
division.
Proceeds or forfeited moneys distributed to any municipal
corporation, township, or park district law enforcement trust
fund shall be allocated from the fund by the legislative
authority only to the police department of the municipal
corporation, by the board of township trustees only to the
township police department, township police district police
force, or office of the constable, and by the board of park
commissioners only to the park district police force or law
enforcement department.
Additionally, no proceeds or forfeited moneys shall be
allocated to or used by the state highway patrol, the food stamp trafficking
unit or liquor enforcement unit of the department
of public safety, the state board of pharmacy, or a county
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department unless the state highway
patrol, department of public safety, state board of pharmacy,
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department has adopted a written
internal control policy under division (D)(3) of this section
that addresses the use of moneys received from the state highway
patrol contraband, forfeiture, and other fund, the liquor enforcement
contraband, forfeiture, and other fund, the food stamp contraband, forfeiture,
and other fund, the board of pharmacy drug law
enforcement fund, or the appropriate law enforcement trust fund.
The state highway patrol contraband, forfeiture, and other fund,
the liquor enforcement contraband, forfeiture, and other fund, the food stamp
contraband, forfeiture, and other fund, and a law
enforcement trust fund shall be expended only in accordance with
the written internal control policy so adopted by the recipient,
and, subject to the requirements specified in division
(D)(3)(a)(ii) of this section, only to pay the costs of
protracted or complex investigations or prosecutions, to provide
reasonable technical training or expertise, to provide matching
funds to obtain federal grants to aid law enforcement, in the
support of DARE programs or other programs designed to educate
adults or children with respect to the dangers associated with
the use of drugs of abuse, or for other law enforcement
purposes that the superintendent of the state highway patrol,
department of public safety, prosecuting attorney, county
sheriff, legislative authority, board of township trustees, or
board of park commissioners determines to be appropriate. The
board of pharmacy drug law enforcement fund shall be expended
only in accordance with the written internal control policy so
adopted by the board and only in accordance with section 4729.65
of the Revised Code. The state highway patrol contraband,
forfeiture, and other fund, the liquor enforcement contraband, seizure, and
other fund, the food stamp contraband, forfeiture, and other fund, the board
of pharmacy drug law enforcement
fund, and a law enforcement trust fund shall not be used to meet
the operating costs of the state highway patrol, of the
food stamp trafficking unit or liquor enforcement unit of the department of
public safety, of the state board of pharmacy, of
any political subdivision, or of any office of a prosecuting
attorney or county sheriff that are unrelated to law enforcement.
Proceeds and forfeited moneys that are paid into the state
treasury to be deposited into the peace officer training
commission fund shall be used by the commission
only to pay the costs of peace
officer training.
Any sheriff or prosecuting attorney who receives proceeds
or forfeited moneys pursuant to this division during any calendar
year shall file a report with the county auditor, no later than
the thirty-first day of January of the next calendar year,
verifying that the proceeds and forfeited moneys were expended
only for the purposes authorized by this division and division
(D)(3)(a)(ii) of this section and specifying the amounts expended
for each authorized purpose. Any municipal corporation police
department that is allocated proceeds or forfeited moneys from a
municipal corporation law enforcement trust fund pursuant to this
division during any calendar year shall file a report with the
legislative authority of the municipal corporation, no later than
the thirty-first day of January of the next calendar year,
verifying that the proceeds and forfeited moneys were expended
only for the purposes authorized by this division and division
(D)(3)(a)(ii) of this section and specifying the amounts expended
for each authorized purpose. Any township police department,
township police district police force, or office of the constable
that is allocated proceeds or forfeited moneys from a township
law enforcement trust fund pursuant to this division during any
calendar year shall file a report with the board of township
trustees of the township, no later than the thirty-first day of
January of the next calendar year, verifying that the proceeds
and forfeited moneys were expended only for the purposes
authorized by this division and division (D)(3)(a)(ii) of this
section and specifying the amounts expended for each authorized
purpose. Any park district police force or law enforcement
department that is allocated proceeds or forfeited moneys from a
park district law enforcement trust fund pursuant to this
division during any calendar year shall file a report with the
board of park commissioners of the park district, no later than
the thirty-first day of January of the next calendar year,
verifying that the proceeds and forfeited moneys were expended
only for the purposes authorized by this division and division
(D)(3)(a)(ii) of this section and specifying the amounts expended
for each authorized purpose. The superintendent of the state
highway patrol shall file a report with the attorney general, no
later than the thirty-first day of January of each calendar year,
verifying that proceeds and forfeited moneys paid into the state
highway patrol contraband, forfeiture, and other fund pursuant to
this division during the prior calendar year were used by the
state highway patrol during the prior calendar year only for the
purposes authorized by this division and specifying the amounts
expended for each authorized purpose. The executive director of
the state board of pharmacy shall file a report with the attorney
general, no later than the thirty-first day of January of each
calendar year, verifying that proceeds and forfeited moneys paid
into the board of pharmacy drug law enforcement fund during the
prior calendar year were used only in accordance with section
4729.65 of the Revised Code and specifying the amounts expended
for each authorized purpose. The peace officer training
commission shall file a report with the attorney general, no later than
the
thirty-first day of January of each calendar year, verifying that
proceeds and forfeited moneys paid into the peace officer
training commission fund pursuant to this division
during the prior
calendar year were used by the commission during the
prior calendar
year only to pay the costs of peace officer training and
specifying the amount used for that purpose.
(2) If more than one law enforcement agency is
substantially involved in the seizure of contraband that is
forfeited pursuant to this section, the court ordering the
forfeiture shall equitably divide the proceeds or forfeited
moneys, after calculating any distribution to the law enforcement
trust fund of the prosecuting attorney pursuant to division
(D)(1)(c) of this section, among any county sheriff whose office
is determined by the court to be substantially involved in the
seizure, any legislative authority of a municipal corporation
whose police department is determined by the court to be
substantially involved in the seizure, any board of township
trustees whose law enforcement agency is determined by the court
to be substantially involved in the seizure, any board of park
commissioners of a park district whose police force or law
enforcement department is determined by the court to be
substantially involved in the seizure, the state board of
pharmacy if it is determined by the court to be substantially
involved in the seizure, the food stamp trafficking unit or liquor enforcement
unit of the department of public safety if it
is determined by the court to be substantially involved in the
seizure, and the state highway patrol if it is determined by the
court to be substantially involved in the seizure. The proceeds
or forfeited moneys shall be deposited in the respective law
enforcement trust funds of the county sheriff, municipal
corporation, township, and park district, the board of pharmacy
drug law enforcement fund, the liquor
enforcement contraband, forfeiture, and other fund,
the food stamp contraband, forfeiture, and other fund, or the state highway
patrol contraband,
forfeiture, and other fund, in accordance with division (D)(1)(c)
of this section. If a state law enforcement agency, other than
the state highway patrol, the food stamp trafficking unit or liquor
enforcement unit of the department of public safety, or
the state board of pharmacy, is determined by the court to be
substantially involved in the seizure, the state agency's
equitable share of the proceeds and forfeited moneys shall be
paid to the treasurer of state for deposit into the peace officer
training commission fund.
(3)(a)(i) Prior to being allocated or using any proceeds
or forfeited moneys out of the state highway patrol contraband,
forfeiture, and other fund, the liquor enforcement contraband, forfeiture, and
other fund, the food stamp contraband, seizure, and other fund, the board of
pharmacy drug law enforcement
fund, or a law enforcement trust fund under division (D)(1)(c) of
this section, the state highway patrol, the department of public safety, the
state board of pharmacy, and a county sheriff,
prosecuting attorney, municipal corporation police department,
township police department, township police district police
force, office of the constable, or park district police force or
law enforcement department shall adopt a written internal control
policy that addresses the state highway patrol's, department of
public safety's, state board of pharmacy's, sheriff's,
prosecuting attorney's, police department's, police force's,
office of the constable's, or law enforcement department's use
and disposition of all the proceeds and forfeited moneys received
and that provides for the keeping of detailed financial records
of the receipts of the proceeds and forfeited moneys, the general
types of expenditures made out of the proceeds and forfeited
moneys, the specific amount of each general type of expenditure,
and the amounts, portions, and programs described in division
(D)(3)(a)(ii) of this section. The policy shall not provide for
or permit the identification of any specific expenditure that is
made in an ongoing investigation.
All financial records of the receipts of the proceeds and
forfeited moneys, the general types of expenditures made out of
the proceeds and forfeited moneys, the specific amount of each
general type of expenditure by the state highway patrol, by the
department of public safety, by the state board of pharmacy, and
by a sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department, and the amounts, portions,
and programs described in division (D)(3)(a)(ii) of this section
are public records open for inspection under section 149.43 of
the Revised Code. Additionally, a written internal control
policy adopted under this division is a public record of that nature, and
the state highway patrol, the department of public safety, the
state board of pharmacy, or the sheriff, prosecuting attorney,
municipal corporation police department, township police
department, township police district police force, office of the
constable, or park district police force or law enforcement
department that adopted it shall comply with it.
(ii) The written internal control policy of a county
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department shall provide that at least
ten per cent of the first one hundred thousand dollars of
proceeds and forfeited moneys deposited during each calendar year
in the sheriff's, prosecuting attorney's, municipal
corporation's, township's, or park district's law enforcement
trust fund pursuant to division (B)(8)(c) of section 2925.44 of
the Revised Code, and at least twenty per cent of the proceeds
and forfeited moneys exceeding one hundred thousand dollars that
are so deposited, shall be used in connection with community
preventive education programs. The manner in which the described
percentages are so used shall be determined by the sheriff,
prosecuting attorney, department, police force, or office of the
constable after the receipt and consideration of advice on
appropriate community preventive education programs from the
county's board of alcohol, drug addiction, and mental health
services, from the county's alcohol and drug addiction services
board, or through appropriate community dialogue. The financial
records described in division (D)(3)(a)(i) of this section shall
specify the amount of the proceeds and forfeited moneys deposited
during each calendar year in the sheriff's, prosecuting
attorney's, municipal corporation's, township's, or park
district's law enforcement trust fund pursuant to division
(B)(8)(c) of section 2925.44 of the Revised Code, the portion of
that amount that was used pursuant to the requirements of this
division, and the community preventive education programs in
connection with which the portion of that amount was so used.
As used in this division, "community preventive education
programs" includes, but is not limited to, DARE programs and
other programs designed to educate adults or children with
respect to the dangers associated with the use of drugs of abuse.
(b) Each sheriff, prosecuting attorney, municipal
corporation police department, township police department,
township police district police force, office of the constable,
or park district police force or law enforcement department that
receives in any calendar year any proceeds or forfeited moneys
out of a law enforcement trust fund under division (D)(1)(c) of
this section or uses any proceeds or forfeited moneys in its law
enforcement trust fund in any calendar year shall prepare a
report covering the calendar year that cumulates all of the
information contained in all of the public financial records kept
by the sheriff, prosecuting attorney, municipal corporation
police department, township police department, township police
district police force, office of the constable, or park district
police force or law enforcement department pursuant to division
(D)(3)(a) of this section for that calendar year, and shall send
a copy of the cumulative report, no later than the first day of
March in the calendar year following the calendar year covered by
the report, to the attorney general.
The superintendent of the state highway patrol shall
prepare a report covering each calendar year in which the state
highway patrol uses any proceeds or forfeited moneys in the state
highway patrol contraband, forfeiture, and other fund under
division (D)(1)(c) of this section, that cumulates all of the
information contained in all of the public financial records kept
by the state highway patrol pursuant to division (D)(3)(a) of
this section for that calendar year, and shall send a copy of the
cumulative report, no later than the first day of March in the
calendar year following the calendar year covered by the report,
to the attorney general.
The department of public safety shall prepare a report
covering each fiscal year in which the department uses any
proceeds or forfeited moneys in the liquor enforcement contraband, seizure,
and other fund and the food stamp contraband, forfeiture, and other fund under
division (D)(1)(c) of this section that
cumulates all of the information contained in all of the public
financial records kept by the department pursuant to division
(D)(3)(a) of this section for that fiscal year. The department
shall send a copy of the cumulative report to the attorney
general no later than the first day of August in the fiscal year
following the fiscal year covered by the report. The director of
public safety shall include in the report a verification that
proceeds and forfeited moneys paid into the liquor enforcement
contraband,
seizure, and other fund and the food stamp contraband, forfeiture, and other
fund
under division (D)(1)(c) of this section during the preceding
fiscal year were used by the department during that fiscal year only for
the purposes authorized by that division and shall specify the
amount used for each authorized purpose.
The executive director of the state board of pharmacy shall
prepare a report covering each calendar year in which the board
uses any proceeds or forfeited moneys in the board of pharmacy
drug law enforcement fund under division (D)(1)(c) of this
section, that cumulates all of the information contained in all
of the public financial records kept by the board pursuant to
division (D)(3)(a) of this section for that calendar year, and
shall send a copy of the cumulative report, no later than the
first day of March in the calendar year following the calendar
year covered by the report, to the attorney general. Each report
received by the attorney general is a public record open for
inspection under section 149.43 of the Revised Code. The
attorney general shall make copies of each report received, and,
no NOT later than the fifteenth day of April in the calendar year
in
which the report is REPORTS ARE received, THE ATTORNEY
GENERAL shall send a copy of it to the
president of the senate and the speaker of the house of
representatives A WRITTEN NOTIFICATION THAT DOES ALL OF THE
FOLLOWING:
(i) INDICATES THAT THE ATTORNEY GENERAL HAS RECEIVED FROM
ENTITIES OR PERSONS SPECIFIED IN THIS DIVISION REPORTS
OF THE TYPE DESCRIBED IN THIS DIVISION THAT COVER THE PREVIOUS
CALENDAR YEAR AND INDICATES THAT THE REPORTS WERE RECEIVED UNDER THIS
DIVISION;
(ii) INDICATES THAT THE REPORTS
ARE OPEN FOR INSPECTION UNDER SECTION 149.43 OF THE
REVISED CODE;
(iii) INDICATES THAT THE ATTORNEY GENERAL
WILL PROVIDE A COPY OF ANY OR ALL OF THE REPORTS TO THE
PRESIDENT OF THE SENATE OR THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES UPON REQUEST.
(4)(a) A law enforcement agency that receives pursuant to
federal law proceeds from a sale of forfeited contraband, proceeds from
another disposition of forfeited contraband, or
forfeited contraband moneys shall deposit, use, and account for
the proceeds or forfeited moneys in accordance with, and
otherwise comply with, the applicable federal law.
(b) If the state highway patrol receives pursuant to federal law proceeds
from a sale of forfeited contraband, proceeds from another disposition of
forfeited contraband, or forfeited contraband moneys, the appropriate
governmental officials shall deposit into the state highway patrol contraband,
forfeiture, and other fund all interest or other earnings derived from the
investment of the proceeds or forfeited moneys. The state highway patrol
shall use and account for that interest or other earnings in accordance with
the applicable federal law.
(c) If the liquor enforcement unit of the department of public
safety receives pursuant to federal law proceeds from a sale of
forfeited contraband, proceeds from another disposition of
forfeited contraband, or forfeited contraband moneys, the
appropriate governmental officials shall deposit into the liquor
enforcement contraband, forfeiture, and other fund all interest
or other earnings derived from the investment of the proceeds or
forfeited moneys. The department shall use and account for that
interest or other earnings in accordance with the applicable
federal law.
(d) If the food stamp fraud unit of the department
of public safety receives pursuant to federal law proceeds from
a sale of forfeited contraband, proceeds from another
disposition of forfeited contraband, or forfeited contraband
moneys, the appropriate governmental officials shall deposit
into the food stamp contraband, forfeiture, and other fund all
interest or other earnings derived from the investment of the
proceeds or forfeited moneys. The department shall use and
account for that interest or other earnings in accordance with
the applicable federal law.
(e) Divisions (D)(1) to (3) of this section do not apply to proceeds
or
forfeited moneys received pursuant to federal law or to the interest or other
earnings that are derived from the investment of proceeds or forfeited moneys
received pursuant to federal law and that are described in division (D)(4)(b)
of this section.
(E) Upon the sale pursuant to this section of any property
that is required to be titled or registered under law, the state
shall issue an appropriate certificate of title or registration
to the purchaser. If the state is vested with title pursuant to
division (C) of this section and elects to retain property that
is required to be titled or registered under law, the state shall
issue an appropriate certificate of title or registration.
(F) Notwithstanding any provisions of this section to the
contrary, any property that is lawfully seized in relation to a
violation of section 2923.32 of the Revised Code shall be subject
to forfeiture and disposition in accordance with sections 2923.32 to 2923.36
of the Revised Code, and any
property that is forfeited pursuant to section 2925.42 or 2925.43
of the Revised Code in relation to a felony drug abuse offense,
as defined in section 2925.01 of the Revised Code, or in relation
to an act that, if committed by an adult, would be a felony
drug abuse offense of that nature, may be subject to forfeiture and
disposition
in accordance with sections 2925.41 to 2925.45 of the Revised
Code or this section.
(G) Any failure of a law enforcement officer or agency, a
prosecuting attorney, village solicitor, city director of law, or
similar chief legal officer, a court, or the attorney general to
comply with any duty imposed by this section in relation to any
property seized or with any other provision of this section in
relation to any property seized does not affect the validity of
the seizure of the property, provided the seizure itself was made
in accordance with law, and is not and shall not be considered to
be the basis for the suppression of any evidence resulting from
the seizure of the property, provided the seizure itself was made
in accordance with law.
(H) Contraband that has been forfeited pursuant to
division (C) of this section shall not be available for use to
pay any fine imposed upon a person who is convicted of or pleads
guilty to an underlying criminal offense or a different offense
arising out of the same facts and circumstances.
Sec. 2933.74. (A)(1) With respect to forfeitable property
ordered forfeited under section 2933.73 of the Revised Code, the
court that issued the order, upon petition of the prosecuting
attorney or attorney general who prosecuted the case, may do any
of the following:
(a) Authorize the prosecuting attorney or the attorney
general to settle claims;
(b) Award compensation to persons who provide information
that results in a forfeiture under section 2933.73 of the Revised
Code;
(c) Take any other action to protect the rights of
innocent persons that is in the interest of justice and that is
consistent with the purposes of sections 2933.71 to 2933.75 of
the Revised Code.
(2) The court shall maintain an accurate record of the
actions it takes under division (A)(1) of this section with
respect to the forfeitable property ordered forfeited. The
record is a public record open for inspection under section
149.43 of the Revised Code.
(B)(1) Subject to division (A) of this section and
notwithstanding any contrary provision of section 2933.41 of the
Revised Code, the prosecuting attorney or attorney general who
prosecuted the case shall order the disposal of forfeitable
property ordered forfeited in any proceeding under section
2933.73 of the Revised Code as soon as feasible, making due
provisions for the rights of innocent persons, by any of the
following methods:
(a) Public sale;
(b) Transfer to a state governmental agency for official
use;
(c) Sale or transfer to an innocent person;
(d) If the property is contraband and is not needed for
evidence in any pending criminal or civil proceeding, pursuant to
section 2933.41 or any other applicable section of the Revised
Code.
(2) Any interest in personal or real property not disposed
of pursuant to division (B) of this section and not exercisable
by, or transferable for value to, the state shall expire and
shall not revert to the person who was convicted of or pleaded
guilty to the medicaid fraud offense. No person who was
convicted of or pleaded guilty to the medicaid fraud offense and
no person acting in concert with a person who was convicted of or
pleaded guilty to the medicaid fraud offense is eligible to
purchase forfeited property from the state.
(3) Upon application of a person, other than the person
who was convicted of or pleaded guilty to the medicaid fraud
offense or a person acting in concert with or on behalf of the
person who was convicted of or pleaded guilty to the medicaid
fraud offense, the court may restrain or stay the disposal of the
forfeitable property pursuant to this division pending the
conclusion of any appeal of the criminal case giving rise to the
forfeiture or pending the determination of the validity of a
claim to or interest in the property pursuant to division (F) of
section 2933.73 of the Revised Code, if the applicant
demonstrates that proceeding with the disposal of the property
will result in irreparable injury, harm, or loss to the
applicant.
(4) The prosecuting attorney or attorney general who
prosecuted the case shall maintain an accurate record of each
item of property disposed of pursuant to division (B) of this section, which
record shall include the date on which each item came into the
prosecuting attorney's or attorney general's
custody, the manner and date of disposition, and, if applicable,
the name of the person who received the item. The record shall
not identify or enable the identification of the individual
officer who seized the property, and the record is a public
record open for inspection under section 149.43 of the Revised
Code.
Each prosecuting attorney who disposes in any calendar year
of any item of property pursuant to division (B) of this section shall prepare
a report covering the calendar year that cumulates all of the
information contained in all of the records the prosecuting
attorney kept pursuant to
this division for that calendar year and shall send the
cumulative report, no later than the first day of March in the
calendar year following the calendar year covered by the report,
to the attorney general. No later than the first day of March in
the calendar year following the calendar year covered by the
report, the attorney general shall prepare a report covering the
calendar year that cumulates all of the records the attorney
general kept pursuant
to this division for that calendar year. Each report received or
prepared by the attorney general is a public record open for
inspection under section 149.43 of the Revised Code. The
attorney general shall send a copy of each prosecuting attorney's
cumulative report and of the attorney general's own
cumulative report, no NOT later than
the fifteenth day of April in the calendar year following the
calendar year covered by the report, REPORTS, THE ATTORNEY GENERAL
SHALL SEND to the president of the senate and the speaker of the house of
representatives A WRITTEN NOTIFICATION THAT DOES ALL OF THE
FOLLOWING:
(a) INDICATES THAT THE ATTORNEY GENERAL HAS RECEIVED FROM
PROSECUTING ATTORNEYS REPORTS
OF THE TYPE DESCRIBED IN THIS DIVISION THAT COVER THE PREVIOUS
CALENDAR YEAR AND INDICATES THAT THE REPORTS WERE RECEIVED UNDER THIS
DIVISION;
(b) LISTS THE ATTORNEY GENERAL'S OWN CUMULATIVE REPORT COVERING
THE PREVIOUS CALENDAR YEAR;
(c) INDICATES THAT THE REPORTS
ARE OPEN FOR INSPECTION UNDER SECTION 149.43 OF THE
REVISED CODE;
(d) INDICATES THAT THE ATTORNEY GENERAL
WILL PROVIDE A COPY OF ANY OR ALL OF THE REPORTS TO THE
PRESIDENT OF THE SENATE OR THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES UPON REQUEST.
(C)(1) The proceeds of the sale of all forfeitable
property ordered forfeited pursuant to section 2933.73 of the
Revised Code shall be deposited into the state treasury and
credited to the medicaid fraud investigation and prosecution
fund, which is hereby created.
(2) The proceeds credited to the
medicaid fraud investigation and prosecution fund pursuant to
division (C)(1) of this section shall be disposed of in the
following order:
(a) To the payment of the fees and costs of the forfeiture
and sale, including expenses of seizure, maintenance, and custody
of the property pending its disposition, advertising, and court
costs;
(b) Except as otherwise provided in division (C)(2)(b) of
this section, the remainder shall be paid to the law enforcement
trust fund of the prosecuting attorney that is established
pursuant to division (D)(1)(c) of section 2933.43 of the Revised
Code or to the attorney general, and to the law enforcement trust
fund of the county sheriff that is established pursuant to that
division if the county sheriff substantially conducted the
investigation, to the law enforcement trust fund of a municipal
corporation that is established pursuant to that division if its
police department substantially conducted the investigation, to
the law enforcement trust fund of a township that is established
pursuant to that division if the investigation was substantially
conducted by a township police department, township police
district police force, or office of a township constable, or to
the law enforcement trust fund of a park district created
pursuant to section 511.18 or 1545.01 of the Revised Code that is
established pursuant to that division if the investigation was
substantially conducted by its park district police force or law
enforcement department. The prosecuting attorney or attorney
general may decline to accept any of the remaining proceeds,
and, if the prosecuting attorney or attorney general so
declines, they shall be
applied to the fund described in division (C)(2)(b) of this
section that relates to the appropriate law enforcement agency
that substantially conducted the investigation.
If the state highway patrol substantially conducted the
investigation, the director of budget and management shall
transfer the remaining proceeds to the
state highway patrol for deposit into the state highway patrol
contraband, forfeiture, and other fund that is created by
division (D)(1)(c) of section 2933.43 of the Revised Code. If
the state board of pharmacy substantially conducted the
investigation, the director shall transfer the remaining
proceeds to the board for deposit into the
board of pharmacy drug law enforcement fund that is created by
division (B)(1) of section 4729.65 of the Revised Code. If a
state law enforcement agency, other than the state highway
patrol, the board, or the attorney general, substantially
conducted the investigation, the director shall transfer the
remaining proceeds to the treasurer of
state for deposit into the peace officer training
commission fund
that is created by division (D)(1)(c) of section 2933.43 of the
Revised Code.
The remaining proceeds that are paid
to the attorney general shall be used and expended only in
relation to the investigation and prosecution of medicaid fraud
offenses or the activities identified in section 109.85 of the
Revised Code, and those that are paid to a law enforcement trust
fund or that are deposited into the state highway patrol
contraband, forfeiture, and other fund, the board of pharmacy
drug law enforcement fund, or the peace officer training
commission
fund pursuant to division (C)(2)(b) of this section shall be
allocated, used, and expended only in accordance with division
(D)(1)(c) of section 2933.43 of the Revised Code, only in
accordance with a written internal control policy adopted under
division (D)(3) of that section, and, if applicable, only in
accordance with division (B)(1) of section 4729.65 of the Revised
Code. The annual reports that pertain to the funds and that are
required by divisions (D)(1)(c) and (3)(b) of section 2933.43 of
the Revised Code also shall address the remaining proceeds
that are paid or deposited into the funds
pursuant to division (C)(2)(b) of this section.
(3) If more than one law enforcement agency substantially
conducted the investigation, the court ordering the forfeiture
shall equitably divide the remaining proceeds among the law enforcement
agencies that substantially
conducted the investigation, in the manner described in division
(D)(2) of section 2933.43 of the Revised Code for the equitable
division of contraband proceeds and forfeited moneys. The
equitable shares of the proceeds so
determined by the court shall be paid or deposited into the
appropriate funds specified in division (C)(2)(b) of this
section.
(D) As used in this section, "law enforcement agency"
includes, but is not limited to, the state board of pharmacy.
Section 2. That existing sections 109.21, 2923.32, 2923.35, 2925.03, 2933.41,
2933.43, and 2933.74 and sections 1727.04 and 5309.97 of
the Revised Code are hereby repealed.
Section 3. Section 2925.03 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. S.B. 166 and Am. Sub. S.B. 269 of the 121st General Assembly, with
the new language of
neither of the acts shown in capital letters.
This is in recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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