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(123rd General Assembly)(Substitute House Bill Number 55)
AN ACT
To amend sections 737.32 and 2933.41 and to enact sections 505.105, 505.106,
505.107, 505.108, 505.109, and 505.991 of the Revised Code to permit municipal
and township
police departments to dispose of certain unclaimed property by donating
it to public agencies or nonprofit organizations and to authorize township
police departments to dispose of stolen or other recovered property in
generally the same manner as the statutory procedure used by some municipal
corporations.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 737.32 and 2933.41 be amended and sections 505.105,
505.106, 505.107, 505.108, 505.109, and 505.991 of the Revised Code be enacted
to read as
follows:
Sec. 505.105. Stolen or other property recovered by members of an
organized police
department of a township, a township police district, a joint township police
district, or the office of a township constable shall be deposited and kept in
a place
designated by the head of the department, district, or office. Each article
of property shall be entered in a book kept
for that purpose, with the name of its owner, if ascertained, the person from
whom it was taken, the place where it was found with general circumstances,
the date of its
receipt, and the name of the officer receiving it. An inventory of all money or other property shall be given to the party
from
whom it was taken, and, if it is not claimed by some person within thirty days
after arrest and seizure, it shall be delivered to the person from whom it was
taken,
and to no other person, either attorney, agent, factor, or clerk, except by
special order of the head of the department, district, or office. Sec. 505.106. No officer,
or other member of an organized police department of a township, a township
police district, a joint township police district, or the office of a township
constable
shall neglect or refuse to deposit property taken or
found by the officer or other member in possession of a
person arrested. Any conviction for a
violation of this section shall vacate the office of the person so convicted. Sec. 505.107. If, within thirty days, the money or property recovered
under
section 505.105 of the Revised Code is claimed by any other
person, it shall be
retained by its custodian until after the discharge or conviction of
the person from whom it was taken and as long as it is required as evidence in
any case in court. If that claimant establishes to the satisfaction of the
court that the claimant is the rightful owner, the money or
property shall be restored
to the claimant; otherwise, it shall be returned to the
accused person, personally, and
not to any attorney, agent, factor, or clerk of the accused person, except
upon special order of the head of the organized police department of the
township, township police district, joint township police district, or office
of a township constable, as the case may be, after all liens and claims in
favor of the
township have first been discharged and satisfied. Sec. 505.108. Except AS OTHERWISE PROVIDED IN THIS SECTION AND
UNLESS THE PROPERTY INVOLVED IS REQUIRED TO BE DISPOSED OF
PURSUANT TO ANOTHER SECTION OF THE REVISED CODE, PROPERTY
THAT IS
UNCLAIMED FOR NINETY DAYS OR MORE SHALL BE SOLD BY THE CHIEF OF
POLICE or OTHER HEAD OF THE organized police department of the TOWNSHIP,
TOWNSHIP
POLICE DISTRICT, JOINT TOWNSHIP POLICE DISTRICT, OR OFFICE OF a
TOWNSHIP CONSTABLE AT PUBLIC AUCTION, AFTER NOTICE OF THE SALE HAS
BEEN PROVIDED BY PUBLICATION once A WEEK FOR THREE SUCCESSIVE WEEKS
IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY, OR COUNTIES,
IF APPROPRIATE, IN THE CASE OF A JOINT TOWNSHIP POLICE DISTRICT.
THE PROCEEDS OF THE SALE SHALL BE PAID TO THE CLERK OF THE
TOWNSHIP AND CREDITED TO THE TOWNSHIP GENERAL FUND, except that, IN THE CASE
OF A JOINT TOWNSHIP POLICE DISTRICT, THE PROCEEDS OF A SALE SHALL
BE PAID TO THE CLERK OF THE MOST POPULOUS PARTICIPATING TOWNSHIP
AND CREDITED TO THE APPROPRIATE TOWNSHIP GENERAL FUND OR FUNDS
ACCORDING TO AGREEMENT OF THE PARTICIPATING TOWNSHIPS. IF AUTHORIZED TO DO SO BY a RESOLUTION ADOPTED BY THE BOARD OF
TOWNSHIP TRUSTEES OR, IN THE CASE OF A JOINT TOWNSHIP POLICE
DISTRICT, EACH PARTICIPATING BOARD OF TOWNSHIP TRUSTEES, AND
if THE PROPERTY INVOLVED IS not REQUIRED TO BE DISPOSED OF
PURSUANT TO ANOTHER SECTION OF THE REVISED CODE, THE HEAD OF
THE
DEPARTMENT, DISTRICT, OR OFFICE MAY CONTRIBUTE
PROPERTY THAT IS UNCLAIMED FOR NINETY DAYS OR MORE TO ONE OR MORE
PUBLIC AGENCIES, TO ONE OR MORE NONPROFIT ORGANIZATIONS NO PART OF
THE NET INCOME OF WHICH INURES TO THE BENEFIT OF ANY PRIVATE
SHAREHOLDER OR INDIVIDUAL AND NO SUBSTANTIAL PART OF THE
ACTIVITIES OF WHICH CONSISTS OF CARRYING ON PROPAGANDA OR
OTHERWISE ATTEMPTING TO INFLUENCE LEGISLATION, OR TO ONE OR MORE
ORGANIZATIONS SATISFYING SECTION 501(c)(3) or
(c)(19) OF THE
INTERNAL REVENUE CODE OF 1986. Sec. 505.109. Upon the sale of any unclaimed property as provided
in section 505.108 of the Revised Code, if any of the
unclaimed
property was ordered removed to a place of storage or stored, or both, by or
under the direction of the head of the organized police department of the
township, township police district, joint township police district, or office
of a township constable, any expenses or charges for the removal or storage,
or both,
and costs of sale, provided they are approved by the head of the department,
district, or office,
shall first be paid from the proceeds of the sale. Notice shall be
given by certified mail, thirty days before the date of the sale, to the
owner and mortgagee, or other lienholder, at their last known addresses. Sec. 505.991. Whoever violates section 505.106 of the Revised
Code shall be
fined not less than twice the value of any property not deposited as provided
by that section, but not more than three thousand dollars, or imprisoned not
more than thirty days, or both. Sec. 737.32. Property,
Except as otherwise provided in this section and unless the property
involved is required to be disposed of pursuant to another
section of the Revised Code, property that is unclaimed for the period of ninety
days, or more shall be sold
by the chief of police of the municipal corporation, marshal of the village,
or licensed auctioneer at public auction, after giving due notice
thereof of the sale has been provided by advertisement,
published publication once a week for three successive weeks in a
newspaper
of general circulation in the county. The proceeds of the sale shall
be paid to the
treasurer of the municipal corporation and shall be credited to the
general fund of the municipal corporation. If authorized to do so by an ordinance adopted by the
legislative authority of the municipal corporation and if the property
involved is not required to be disposed of pursuant to another
section of the Revised Code, the chief of police or marshal may contribute property that is
unclaimed for ninety days or more to one or more public agencies, to one or
more nonprofit organizations no part of the net income of which inures to the
benefit of any private shareholder or individual and no substantial part of
the activities of which consists of carrying on propaganda or otherwise
attempting to influence legislation, or to one or more organizations
satisfying section 501(c)(3) or (c)(19) of the
Internal
Revenue Code of 1986. 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 2923.44 to 2923.47 or 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 such
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. (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. (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 2923.44 to 2923.47 or
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 either shall be sold by the division of liquor control,
if the division determines that the beer, intoxicating liquor,
or alcohol is fit for sale, or shall be placed in the custody of the
investigations unit in the department of public safety and be used for
training relating to law enforcement activities. The department, with the
assistance of the division of liquor control, shall adopt rules in accordance
with
Chapter 119. of the Revised Code to provide for the distribution of such beer,
intoxicating liquor, or alcohol to state or local law enforcement agencies
upon their request. 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 division
(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 described in this division,
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 or under sections 737.29 to
737.33 of the Revised Code, 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) This section does not apply to the disposal of stolen or other
property recovered by township law enforcement agencies pursuant to sections
505.105 to 505.109 of the Revised Code. (I) For purposes of this section, "law enforcement agency"
includes correctional institutions. As used in this section,
and
"citizens' reward program" has the same meaning as in section
9.92 of the Revised Code. As used in division (H) of this
section, "township law enforcement agencies" means an organized police
department of a township, a township police district, a joint township police
district, or the office of a township constable. SECTION 2 . That existing sections 737.32 and 2933.41 of the Revised Code are
hereby repealed.
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