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As Reported by the Senate Economic Development, Technology
and Aerospace Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. S. B. No. 64 |
SENATORS WACHTMANN-DRAKE-WATTS-SPADA
A BILL
To amend section 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 make it a criminal
offense to obtain or exert control over property in the custody of a law
enforcement agency that is represented as stolen property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 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
DIVISION (B)(4) OF 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.
(2) 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.
(3) WITH RESPECT TO A SINGLE PURCHASE OF PROPERTY IN THE AMOUNT OF
FIVE HUNDRED DOLLARS OR MORE FROM AN INDIVIDUAL OR ENTITY, A
BILL OF SALE ASSOCIATED WITH THE PURCHASE THAT CONTAINS THE INFORMATION LISTED
IN DIVISION (B)(2) OF THIS SECTION IS SUFFICIENT TO SATISFY THE
REQUIREMENTS OF
THAT DIVISION.
(4) THE RECORD OF EACH PURCHASE TRANSACTION SHALL BE
MAINTAINED FOR AT LEAST TWO YEARS.
(C) A PERSON SHALL NOT
DO EITHER 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 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 SHALL BE
CONSTRUED TO REQUIRE THAT A LAW ENFORCEMENT OFFICER BE GIVEN IMMEDIATE ACCESS
TO THE RECORD WITHOUT REASONABLE NOTICE.
(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 FAILURE TO COMPLY WITH DIVISION
(C) OF THIS SECTION, THE PERSON
SHALL DO BOTH OF THE FOLLOWING:
(a) WITHIN THIRTY DAYS AFTER THE LOSS, THEFT, OR DESTRUCTION,
NOTIFY THE
SHERIFF OF THE COUNTY IN WHICH THE PERSON'S PRINCIPAL
OHIO RESIDENCE OR PRINCIPAL
PLACE OF BUSINESS IN THIS STATE IS LOCATED;
(b) IMMEDIATELY BEGIN MAINTAINING A NEW
RECORD.
(2) A PERSON THAT NOTIFIES THE SHERIFF IN ACCORDANCE WITH
DIVISION (D)(1) OF THIS SECTION
SHALL BE CONSIDERED TO BE IN COMPLIANCE WITH DIVISION
(B) OF THIS SECTION AS TO ANY
RECORD THAT WAS LOST, STOLEN, OR DESTROYED.
(E)(1) NO PERSON SHALL
FAIL TO COMPLY WITH THIS SECTION.
(2) WHOEVER VIOLATES DIVISION
(E)(1) OF THIS SECTION
IS GUILTY OF A MINOR MISDEMEANOR.
(F) 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. 2913.51. (A)(1) 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.
(2) NO PERSON SHALL OBTAIN OR EXERT CONTROL OVER PROPERTY IN THE
CUSTODY OF ANY LAW ENFORCEMENT AGENCY THAT IS EXPLICITLY REPRESENTED TO THAT
PERSON BY ANY LAW ENFORCEMENT OFFICER OR ANY INDIVIDUAL ACTING ON BEHALF OF A
LAW ENFORCEMENT AGENCY AS BEING STOLEN.
(B) 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 section 2913.51 of the Revised
Code is 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 is purchased on or after the effective date of
this act.
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