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(123rd General Assembly)(Substitute Senate Bill Number 64)
AN ACT
To amend sections 1349.99 and 2913.51 and to enact section 1349.06 of the
Revised Code to
require each person that
offers new and unused personal property for sale to the general public at a
flea market or other location to maintain a record of the person's purchases
of the property
and to
specify that
it is not a defense to a charge of receiving stolen property that
the property was obtained by means other than through the
commission of a theft offense if the property was explicitly
represented to the accused person as being obtained through the
commission of a theft offense.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 1349.99 and 2913.51 be amended and section 1349.06 of
the Revised
Code be enacted to read as follows:
Sec. 1349.06. (A) As
used in this section, "Flea market" has the same meaning as in
section
3715.52 of the Revised
Code. (B)(1) Each person that
offers new and unused personal property for sale to the general
public at a flea market or other location shall maintain, in
accordance with division (B) of
this section, a record of the person's purchases of that
property. For each purchase transaction, the record shall
include at least all of the following: (a) The date of the transaction; (b) The name and address of the individual from
whom, or the entity from which, the property was
purchased; (c) A full and accurate description of the
property purchased, including any identifying letters or marks on
the property; (d) The price paid for the property. (2) With respect to a single purchase of property for
five hundred dollars or more, a
bill of sale associated with the purchase that contains the information listed
in division (B)(1) of this section is sufficient to satisfy the
requirements of
that division. (3) The record of each purchase transaction shall be
maintained for at least two years. (C) No person shall do
any of the following: (1) Knowingly falsify, obliterate, or destroy the record
required to be maintained by this section; (2) Knowingly refuse or otherwise fail, upon the request
of a law enforcement officer, to make the record required to be maintained by
this section available for
inspection within a period of time that is reasonable under the
circumstances surrounding the request. Nothing in division
(C)(2) of this section
requires that a law enforcement officer be given immediate access
to the record without reasonable notice. (3) Fail to comply with this section. (D)(1) If the record
required to be maintained by this section is lost, stolen, or
destroyed, and the circumstances surrounding the loss, theft, or destruction
do not
constitute a violation of division
(C)(1), (2), or (3) of this section, the person
shall do both of the following: (a) Within thirty days after the loss, theft, or destruction,
give notice of the loss, theft, or destruction to the
sheriff of the county in which the person's principal
residence in this state or principal
place of business in this state is located; (b) Immediately begin maintaining a new
record as required by this section. (2) A person that notifies the sheriff in accordance with
division (D)(1) of this section
is in compliance with division
(B) of this section as to the
record that was lost, stolen, or destroyed and is a subject of the notice. (E) This section does
not apply to any of the following: (1) The sale of a motor vehicle, trailer, or semitrailer that is
required to be registered under
Chapter 4503. of the
Revised
Code or for which
a certificate of title is required under
Chapter 4505. of
the Revised
Code; (2) The sale of food products, agricultural products, or
forestry products; (3) Any business conducted at an industry or association
trade show; (4) The sale of handmade or handcrafted items by the
individual who produced the items. Sec. 1349.99. Whoever violates section 1349.06 or 1349.17 of
the Revised Code is guilty
of a minor misdemeanor. Sec. 2913.51. (A) No person shall receive, retain, or
dispose of property of another knowing or having reasonable
cause to believe that the property has been obtained through
commission of a theft offense. (B)
It is not a defense to a charge
of receiving stolen property in violation of this section that the
property was obtained by means other than through the commission
of a theft offense if the property was explicitly represented to
the accused person as being obtained through the commission of a
theft offense. (C)
Whoever violates this section is guilty of receiving
stolen property. Except as otherwise provided in this
division, receiving stolen property is a
misdemeanor of the first degree. If the value of the property
involved is five hundred dollars or more and is less than five thousand
dollars, if the property involved is any of the property
listed in section 2913.71 of the Revised Code, receiving
stolen property is a felony of the fifth degree. If the
property involved is a motor vehicle, as defined in section
4501.01 of the Revised Code, if the property involved is a dangerous drug,
as defined in section 4729.01 of the Revised Code,
if the
value of the property involved is five thousand dollars or more and is less
than one hundred thousand dollars, or if the property involved is a
firearm or dangerous ordnance, as defined in section 2923.11 of the Revised
Code, receiving stolen property is a felony of the fourth degree. If the
value of the property involved is one hundred thousand dollars or more,
receiving stolen property is a felony of the third
degree. SECTION 2 . That existing sections 1349.99 and 2913.51 of the Revised
Code are hereby repealed.
SECTION 3 . Section 1349.06 of the Revised Code, as enacted by
this act, shall apply to all new and unused personal property
that a person on or after the effective date of
this act purchases for sale to the general public.
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