The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
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Sub. S. B. No. 320 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Spada, Schuring, Padgett, Coughlin, Schaffer, Grendell, Fedor, Amstutz, Austria, Boccieri, Buehrer, Cates, Faber, Harris, Kearney, Mason, Miller, R., Morano, Mumper, Niehaus, Sawyer, Schuler, Stivers, Wagoner, Wilson, Smith, Jacobson
Representatives Yuko, Mallory, Bacon, Blessing, Bolon, Chandler, Collier, Combs, DeBose, Domenick, Dyer, Evans, Flowers, Gibbs, Goyal, Grady, Hagan, J., Hite, Hughes, Luckie, Mandel, Mecklenborg, Nero, Newcomb, Oelslager, Otterman, J., Sayre, Schindel, Schneider, Setzer, Zehringer
A BILL
To amend sections 2913.01, 2913.02, 2913.72, and
2923.31 and to enact section 1333.851 of the
Revised Code to
include organized retail theft
and substantially
similar conduct occurring in
another state within
the
definition of corrupt
activity as used in the
Ohio
Corrupt Activities
Law, to require compensation of an alcoholic
beverage distributor before reassigning the
distributor's product or brand territory, to
make
changes to the law governing certain
franchise
agreements between a successor
manufacturer and
distributor, and to permit a
court to order an
offender who steals rental
property to pay for
the cost of repairing or
replacing the stolen
property and any
loss of
revenue resulting from
deprivation of the property
due to
theft.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2913.01, 2913.02, 2913.72, and
2923.31 be amended and section 1333.851 of the Revised Code be
enacted to read as follows:
Sec. 1333.851. (A) With respect to any merger, acquisition,
purchase, or assignment under division (D) of section 1333.85 of
the Revised Code, both of the following apply:
(1) The territories for the particular product or brand of
alcoholic beverage shall not be assigned to another distributor
until the successor manufacturer compensates the terminated or
nonrenewed distributor for the diminished value of the
distributor's business.
(2) When a distributor receives written notice of termination
or nonrenewal of its franchise pursuant to division (D) of section
1333.85 of the Revised Code, the distribution of beer or wine for
ninety days or more without a written contract shall not
constitute a franchise relationship between the successor
manufacturer and the distributor under section 1333.83 of the
Revised Code.
(B) With respect to the merger, acquisition, or purchase of a
manufacturer by a successor manufacturer or the purchase or
assignment of a product or brand to a successor manufacturer under
division (D) of section 1333.85 of the Revised Code, all of the
following apply:
(1) Except as otherwise provided in division (B)(2) of this
section, within seventy-five days after a distributor receives
written notice of termination or nonrenewal of its franchise
pursuant to division (D) of section 1333.85 of the Revised Code,
the distributor shall provide the successor manufacturer with the
three previous years of financial statements and other relevant
and reasonably necessary financial information regarding the
diminished value of the distributor's business. The distributor
and successor manufacturer shall negotiate in good faith to
determine the diminished value of the distributor's business, and
the successor manufacturer shall pay the distributor for that
diminished value.
(2) If the distributor and successor manufacturer are unable
to negotiate in good faith or are unable to resolve the
distributor's diminished value within ninety days of the date that
notice of termination is given, either party may bring an action
in the court of common pleas of the county in which the
distributor's principal place of business in this state is located
within ninety days of the date that notice of termination is
given, except that the parties may mutually agree in writing to
extend that ninety-day period.
(3) The court of common pleas shall determine the diminished
value of the distributor's business within ninety days after the
action is filed. The successor manufacturer shall pay the
distributor the amount of diminished value the court determines.
Upon payment of that amount by the manufacturer to the
distributor, the successor manufacturer may transfer the brands to
a new distributor.
(4) Either party may appeal the decision of the court of
common pleas to the court of appeals. The filing of an appeal does
not stay the successor manufacturer's payment of diminished value
to the distributor or the successor manufacturer's transfer of
brands to a new distributor.
(5) If the court is unable to determine the diminished value
of the distributor's business within ninety days after the action
is filed, the court shall order the successor manufacturer to pay
its last good faith offer to the distributor on the ninety-first
day after the action is filed and shall treat the manufacturer's
application for that order as a request for emergency injunctive
relief without the need for any showing of irreparable harm. Upon
payment of the amount of its last good faith offer to the
distributor, the successor manufacturer may transfer the brands to
a new distributor. After the successor manufacturer's payment of
that amount to the distributor and its transfer of the brands, the
court shall determine the diminished value of the distributor's
business. The successor manufacturer shall pay the distributor the
amount of the diminished value determined by the court less the
amount of its last good faith offer previously paid pursuant to
division (B)(5) of this section.
(6) The parties by mutual agreement may extend or shorten any
of the time deadlines set forth in this section.
Sec. 2913.01. As used in this chapter, unless the context
requires
that a term be given a different meaning:
(A) "Deception" means knowingly deceiving another or
causing
another to be deceived by any false or misleading
representation,
by withholding information, by preventing another
from acquiring
information, or by any other conduct, act, or
omission that
creates, confirms, or perpetuates a false
impression in another,
including a false impression as to law,
value, state of mind, or
other objective or subjective fact.
(B) "Defraud" means to knowingly obtain, by deception,
some
benefit for oneself or another, or to knowingly cause, by
deception, some detriment to another.
(C) "Deprive" means to do any of the following:
(1) Withhold property of another permanently, or for a
period
that appropriates a substantial portion of its value or
use, or
with purpose to restore it only upon payment of a reward
or other
consideration;
(2) Dispose of property so as to make it unlikely that the
owner will recover it;
(3) Accept, use, or appropriate money, property, or
services,
with purpose not to give proper consideration in return
for the
money, property, or services, and without reasonable
justification
or excuse for not giving proper consideration.
(D) "Owner" means, unless the context requires a different
meaning, any person, other than the actor, who is
the owner of,
who has possession or control of, or who has
any license
or
interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful.
(E) "Services" include labor, personal services,
professional
services, rental services, public utility services including
wireless service as defined in division (F)(1) of section 4931.40
of the Revised Code, common carrier
services, and food, drink,
transportation, entertainment, and
cable television services
and,
for purposes of section 2913.04 of
the Revised Code, include cable
services as defined in that
section.
(F) "Writing" means any computer software, document,
letter,
memorandum, note, paper, plate, data, film, or other
thing having
in or upon it any written, typewritten, or printed
matter, and any
token, stamp, seal, credit card,
badge, trademark, label, or other
symbol of value, right,
privilege, license, or identification.
(G) "Forge" means to fabricate or create, in whole or in
part
and by any means, any spurious writing, or to make, execute,
alter, complete, reproduce, or otherwise purport to authenticate
any writing, when the writing in fact is not authenticated by
that
conduct.
(H) "Utter" means to issue, publish, transfer, use, put or
send into circulation, deliver, or display.
(I) "Coin machine" means any mechanical or electronic
device
designed to do both of the following:
(1) Receive a coin, bill, or token made for that purpose;
(2) In return for the insertion or deposit of a coin,
bill,
or token, automatically dispense property, provide a
service, or
grant a license.
(J) "Slug" means an object that, by virtue of its size,
shape, composition, or other quality, is capable of being
inserted
or deposited in a coin machine as an improper substitute
for a
genuine coin, bill, or token made for that purpose.
(K) "Theft offense" means any of the following:
(1) A violation of section 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31,
2913.32,
2913.33, 2913.34,
2913.40, 2913.42, 2913.43, 2913.44, 2913.45,
2913.47, former section
2913.47 or 2913.48, or section 2913.51,
2915.05,
or 2921.41 of the Revised Code;
(2) A violation of an existing or former municipal
ordinance
or law of this or any other state, or of the United
States,
substantially equivalent to any section listed in
division (K)(1)
of this section or a violation of section 2913.41, 2913.81,
or
2915.06 of the Revised Code as it existed prior to July 1, 1996;
(3) An offense under an existing or former municipal
ordinance or law of this or any other state, or of the United
States, involving robbery, burglary, breaking and entering,
theft,
embezzlement, wrongful conversion, forgery,
counterfeiting,
deceit, or fraud;
(4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (K)(1), (2), or (3) of this
section.
(L) "Computer services" includes, but is not limited to,
the
use of a computer system, computer network, computer program,
data
that is prepared for computer use, or data that is contained
within a computer system or computer network.
(M) "Computer" means an electronic device that performs
logical, arithmetic, and memory functions by the manipulation of
electronic or magnetic impulses. "Computer" includes, but is not
limited to, all input, output, processing, storage, computer
program, or communication facilities that are connected, or
related, in a computer system or network to an electronic
device
of that nature.
(N) "Computer system" means a computer and related
devices,
whether connected or unconnected, including, but not
limited to,
data input, output, and storage devices, data
communications
links, and computer programs and data that make
the system capable
of performing specified special purpose data
processing tasks.
(O) "Computer network" means a set of related and remotely
connected computers and communication facilities that includes
more than one computer system that has the capability to transmit
among the connected computers and communication facilities
through
the use of computer facilities.
(P) "Computer program" means an ordered set of data
representing coded instructions or statements that, when executed
by a computer, cause the computer to process data.
(Q) "Computer software" means computer programs,
procedures,
and other documentation associated with the operation
of a
computer system.
(R) "Data" means a representation of information,
knowledge,
facts, concepts, or instructions that are being or
have been
prepared in a formalized manner and that are intended
for use in a
computer, computer system, or computer
network. For
purposes
of
section 2913.47 of the Revised Code, "data" has the additional
meaning set forth in division (A) of that section.
(S) "Cable television service" means any services provided
by
or through the facilities of any cable television system or
other
similar closed circuit coaxial cable communications system,
or any
microwave or similar transmission service used in
connection with
any cable television system or other similar
closed circuit
coaxial cable communications system.
(T) "Gain access" means to approach, instruct, communicate
with, store data in, retrieve data from, or otherwise make use of
any resources of a computer, computer system, or computer
network,
or any cable service or cable system both as defined in section
2913.04 of the Revised Code.
(U) "Credit card" includes, but is not limited to, a card,
code, device, or other means of access to a customer's account
for
the purpose of obtaining money, property, labor, or services
on
credit, or for initiating an electronic fund transfer at a
point-of-sale terminal, an automated teller machine, or a cash
dispensing machine. It also includes a county procurement card
issued under section 301.29 of the Revised Code.
(V) "Electronic fund transfer" has the same meaning as in
92
Stat. 3728, 15 U.S.C.A. 1693a, as amended.
(W) "Rented property" means personal property in which the
right
of possession and use of the property is for a short and
possibly
indeterminate term in return for consideration; the
rentee generally controls
the duration of possession of the
property, within any applicable minimum or
maximum term; and the
amount of consideration generally is determined by the
duration of
possession of the property.
(X) "Telecommunication" means the origination,
emission,
dissemination, transmission, or reception of data, images,
signals,
sounds, or other intelligence or equivalence of
intelligence of
any nature over any communications system by any
method,
including, but not limited to, a fiber optic, electronic,
magnetic, optical, digital, or analog method.
(Y) "Telecommunications
device" means any instrument,
equipment, machine, or other
device that facilitates
telecommunication, including, but not
limited to, a computer,
computer network, computer chip, computer
circuit, scanner,
telephone, cellular telephone, pager, personal
communications
device, transponder, receiver, radio, modem, or
device that
enables the use of a modem.
(Z) "Telecommunications
service" means the providing,
allowing, facilitating, or
generating of any form of
telecommunication through the use of a
telecommunications device
over a telecommunications system.
(AA) "Counterfeit
telecommunications device" means a
telecommunications device that,
alone or with another
telecommunications device, has been altered,
constructed,
manufactured, or programmed to acquire, intercept, receive, or
otherwise facilitate the use of a telecommunications service or
information
service without the
authority or consent of the
provider of the telecommunications
service or information service.
"Counterfeit telecommunications device"
includes, but
is not
limited to, a clone telephone, clone microchip, tumbler
telephone,
or tumbler microchip; a wireless scanning device
capable of
acquiring, intercepting, receiving, or otherwise
facilitating the
use of telecommunications service or information service
without
immediate detection; or a device, equipment, hardware, or software
designed for, or capable of, altering or changing the electronic
serial number
in a wireless telephone.
(BB)(1) "Information
service" means, subject to division
(BB)(2) of this section, the
offering of a capability for
generating, acquiring, storing,
transforming, processing,
retrieving, utilizing, or making
available information via
telecommunications, including, but not
limited to, electronic
publishing.
(2) "Information service" does not include any use of a
capability of a type described in division
(BB)(1) of this section
for the
management, control, or operation of a telecommunications
system
or the management of a telecommunications service.
(CC) "Elderly person" means a person who is sixty-five
years
of age or older.
(DD) "Disabled adult" means a person who is eighteen years
of
age
or older
and has some impairment of body or mind that makes
the person unable to work
at any substantially remunerative
employment that the person
otherwise would be able to perform and
that will, with reasonable
probability, continue for a period of
at least twelve months
without any present indication of recovery
from the impairment, or who is
eighteen years of age or older and
has been certified as permanently and
totally disabled by an
agency
of this state or the United States that has the function of
so classifying persons.
(EE) "Firearm" and "dangerous ordnance" have the same
meanings as
in section 2923.11 of the Revised Code.
(FF) "Motor vehicle" has the same meaning as in section
4501.01
of the Revised Code.
(GG) "Dangerous drug" has the same meaning as in section
4729.01
of the Revised Code.
(HH) "Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code.
(II)(1) "Computer hacking" means any of the following:
(a) Gaining access or attempting to gain access to all or
part of a computer, computer system, or a computer network without
express or implied authorization with the intent to defraud or
with intent to commit a crime;
(b) Misusing computer or network services including, but not
limited to, mail transfer programs, file transfer programs, proxy
servers, and web servers by performing functions not authorized by
the owner of the computer, computer system, or computer network or
other person authorized to give consent. As used in this division,
"misuse of computer and network services" includes, but is not
limited to, the unauthorized use of any of the following:
(i) Mail transfer programs to send mail to persons other than
the authorized users of that computer or computer network;
(ii) File transfer program proxy services or proxy servers to
access other computers, computer systems, or computer networks;
(iii) Web servers to redirect users to other web pages or web
servers.
(c)(i) Subject to division (II)(1)(c)(ii) of this section,
using a group of computer programs commonly known as "port
scanners" or "probes" to intentionally access any computer,
computer system, or computer network without the permission of the
owner of the computer, computer system, or computer network or
other person authorized to give consent. The group of computer
programs referred to in this division includes, but is not limited
to, those computer programs that use a computer network to access
a computer, computer system, or another computer network to
determine any of the following: the presence or types of computers
or computer systems on a network; the computer network's
facilities and capabilities; the availability of computer or
network services; the presence or versions of computer software
including, but not limited to, operating systems, computer
services, or computer contaminants; the presence of a known
computer software deficiency that can be used to gain unauthorized
access to a computer, computer system, or computer network; or any
other information about a computer, computer system, or computer
network not necessary for the normal and lawful operation of the
computer initiating the access.
(ii) The group of computer programs referred to in division
(II)(1)(c)(i) of this section does not include standard computer
software used for the normal operation, administration,
management, and test of a computer, computer system, or computer
network including, but not limited to, domain name services, mail
transfer services, and other operating system services, computer
programs commonly called "ping," "tcpdump," and "traceroute" and
other network monitoring and management computer software, and
computer programs commonly known as "nslookup" and "whois" and
other systems administration computer software.
(d) The intentional use of a computer, computer system, or a
computer network in a manner that exceeds any right or permission
granted by the owner of the computer, computer system, or computer
network or other person authorized to give consent.
(2) "Computer hacking" does not include the introduction of a
computer contaminant, as defined in section 2909.02 of the Revised
Code, into a computer, computer system, computer program, or
computer network.
(JJ) "Police dog or horse" has the same meaning as in section
2921.321 of the Revised Code.
(KK) "Anhydrous ammonia" is a compound formed by the
combination of two gaseous elements, nitrogen and hydrogen, in the
manner described in this division. Anhydrous ammonia is one part
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by
weight is fourteen parts nitrogen to three parts hydrogen, which
is approximately eighty-two per cent nitrogen to eighteen per cent
hydrogen.
(LL) "Assistance dog" has the same meaning as in section
955.011 of the Revised Code.
(MM) "Federally licensed firearms dealer" has the same
meaning as in section 5502.63 of the Revised Code.
Sec. 2913.02. (A) No person, with purpose to deprive the
owner of property or services, shall knowingly obtain or exert
control over either the property or services in any of the
following ways:
(1) Without the consent of the owner or person authorized
to
give consent;
(2) Beyond the scope of the express or implied consent of
the
owner or person authorized to give consent;
(B)(1) Whoever violates this section is guilty of theft.
(2) Except as otherwise
provided in this division or
division
(B)(3), (4), (5), (6), (7), or (8) of
this section, a violation of
this section is petty theft, a
misdemeanor of the first degree.
If
the value of the property or
services stolen is five hundred
dollars or more and is less than
five thousand dollars or if the
property stolen is any of the
property listed in section 2913.71
of the Revised Code, a
violation of this section is theft, a
felony of the fifth
degree. If the value of the property or
services stolen is five
thousand dollars or more and is less than
one hundred thousand
dollars, a violation of this
section is grand
theft, a felony of the fourth degree. If the value of the
property
or
services stolen is one hundred thousand dollars or
more and is
less than five hundred thousand dollars, a
violation of this
section is aggravated theft, a felony of
the
third degree.
If the
value of the property or services is five hundred thousand dollars
or more and is less than one million dollars, a violation of this
section is aggravated theft, a felony of the second degree. If the
value of the property or services
stolen is one million dollars or
more, a violation of this section
is aggravated theft of one
million dollars or more, a felony of
the first degree.
(3) Except as otherwise provided in division (B)(4),
(5),
(6), (7), or (8)
of this section, if the victim of the offense is
an elderly
person or
disabled adult, a violation
of this section
is theft
from an elderly person or disabled adult, and
division
(B)(3) of
this section applies. Except as
otherwise provided in
this
division, theft from an elderly person or disabled
adult is a
felony of the fifth degree. If the value of the property or
services stolen is five hundred dollars or more and is less than
five thousand dollars, theft from an elderly person or disabled
adult is a felony of the fourth degree. If the value of the
property or services stolen is five thousand dollars or more and
is less than twenty-five thousand dollars, theft from an elderly
person or disabled adult is a felony of the third degree. If the
value of the property or services stolen is twenty-five thousand
dollars or more and is less than one hundred thousand dollars,
theft from an elderly person or disabled adult is
a felony of the
second degree. If the value of the property or services stolen is
one hundred thousand dollars or more, theft from an elderly person
or disabled adult is a felony of the first degree.
(4) If the property stolen is a firearm or dangerous
ordnance,
a violation of
this section is grand theft. Except as
otherwise provided in this division, grand theft when the property
stolen is a firearm or dangerous ordnance is a felony of
the third
degree, and there is a presumption in favor of the court imposing
a prison term for the offense. If the firearm or dangerous
ordnance was stolen from a federally licensed firearms dealer,
grand theft when the property stolen is a firearm or dangerous
ordnance is a felony of the first degree. The offender shall serve
a prison term imposed for grand theft when the property stolen is
a firearm or dangerous ordnance consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(5) If the property stolen is a motor vehicle,
a violation
of
this section
is grand theft of a motor vehicle, a felony of the
fourth degree.
(6) If the property stolen is any dangerous drug, a
violation
of
this section is theft of drugs, a felony of the
fourth degree,
or, if the offender previously has been convicted
of a felony
drug
abuse offense, a felony of the third degree.
(7) If the property stolen is a police dog or horse or an
assistance dog and the offender knows or should know that the
property stolen is a police dog or horse or an assistance dog, a
violation of this section is theft of a police dog or horse or an
assistance dog, a felony of the third degree.
(8) If the property stolen is anhydrous ammonia, a violation
of this section is theft of anhydrous ammonia, a felony of the
third degree.
(9) In addition to the penalties described in division
(B)(2)
of this section, if the offender committed the violation by
causing a motor vehicle to leave the premises of an establishment
at which gasoline is offered for retail sale without the offender
making full payment for gasoline that was dispensed into the fuel
tank of the motor vehicle or into another container, the court
may
do one of the following:
(a) Unless division (B)(9)(b) of this section applies,
suspend for not more than six months the offender's driver's
license,
probationary driver's license, commercial driver's
license,
temporary instruction permit, or nonresident operating
privilege;
(b) If the offender's driver's license, probationary
driver's
license, commercial driver's license, temporary
instruction
permit, or nonresident operating privilege has
previously been
suspended pursuant to division (B)(9)(a) of this
section, impose a
class seven suspension of the offender's license, permit, or
privilege from the range specified in division (A)(7) of section
4510.02 of the Revised Code, provided that the suspension shall be
for at least six months.
(10) In addition to the penalties described in division
(B)(2) of this section, if the offender committed the violation by
stealing rented property or rental services, the court may order
that the offender make restitution pursuant to section 2929.18 or
2929.28 of the Revised Code. Restitution may include, but is not
limited to, the cost of repairing or replacing the stolen
property, or the cost of repairing the stolen property
and any
loss of revenue resulting from deprivation of the property
due to
theft of rental services that is less than or equal to the
actual
value of the property at the time it was rented. Evidence of
intent to
commit
theft of rented property or rental services
shall be
determined
pursuant to the provisions of section
2913.72 of the
Revised
Code.
(C) The sentencing court that suspends an offender's license,
permit, or nonresident operating privilege under division (B)(9)
of this section may grant the offender limited driving privileges
during
the period of the suspension in accordance with Chapter
4510. of the Revised Code.
Sec. 2913.72. (A) Each of the following shall be considered
evidence of an intent to commit theft of rented property or rental
services:
(1) At the time of entering into the rental contract, the
rentee
presented the renter with identification that was
materially false,
fictitious, or not current with respect to name,
address, place of employment,
or other relevant information.
(2) After receiving a notice demanding the return
of rented
property as provided in division (B) of this section, the
rentee
neither returned the rented property nor made arrangements
acceptable
with the renter to return the rented property.
(B) To establish that a rentee has an intent to commit theft
of
rented property or rental services under division (A)(2) of
this section, a
renter may issue a notice to a rentee demanding
the return of rented property.
The renter shall mail the notice by
certified mail, return receipt requested,
to the rentee at the
address the rentee gave when the rental
contract was executed, or
to the rentee at the last address the
rentee or the rentee's agent
furnished in writing to the renter.
(C) A demand for the return of rented property is not a
prerequisite for the prosecution of a rentee for theft of rented
property or rental services.
The evidence specified in division
(A) of this section does not
constitute the only evidence that may
be considered as evidence of intent to
commit theft of rented
property or rental services.
(D) As used in this section:
(1) "Renter" means a person who owns rented property.
(2) "Rentee" means a person who pays consideration to a
renter for the use
of rented property.
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of
the
Revised Code:
(A) "Beneficial interest" means any of the following:
(1) The interest of a person as a beneficiary under a
trust
in which the trustee holds title to personal or real
property;
(2) The interest of a person as a beneficiary under any
other
trust arrangement under which any other person holds title
to
personal or real property for the benefit of such person;
(3) The interest of a person under any other form of
express
fiduciary arrangement under which any other person holds
title to
personal or real property for the benefit of such person.
"Beneficial interest" does not include the interest of a
stockholder in a corporation or the interest of a partner in
either a general or limited partnership.
(B) "Costs of investigation and prosecution" and "costs of
investigation and litigation" mean all of the costs incurred by
the state or a county or municipal corporation under sections
2923.31 to 2923.36 of the Revised Code in the prosecution and
investigation of any criminal action or in the litigation and
investigation of any civil action, and includes, but is not
limited to, the costs of resources and personnel.
(C) "Enterprise" includes any individual, sole
proprietorship, partnership, limited partnership, corporation,
trust, union, government agency, or other legal entity, or any
organization, association, or group of persons associated in fact
although not a legal entity. "Enterprise" includes illicit as
well
as licit enterprises.
(D) "Innocent person" includes any bona fide purchaser of
property that is allegedly involved in a violation of section
2923.32 of the Revised Code, including any person who establishes
a valid claim to or interest in the property in accordance with
division (E) of section 2981.04 of the Revised Code, and any
victim of an alleged violation of that section or of any
underlying offense involved in an alleged violation of that
section.
(E) "Pattern of corrupt activity" means two or more
incidents
of corrupt activity, whether or not there has been a
prior
conviction, that are related to the affairs of the same
enterprise, are not isolated, and are not so closely related to
each other and connected in time and place that they constitute a
single event.
At least one of the incidents forming the pattern shall
occur
on or after January 1, 1986. Unless any incident was an
aggravated
murder or murder, the last of the incidents forming
the
pattern
shall occur within six years after the commission of
any
prior
incident forming the pattern, excluding any period of
imprisonment
served by any person engaging in the corrupt
activity.
For the purposes of the criminal penalties that may be
imposed pursuant to section 2923.32 of the Revised Code, at least
one of the incidents forming the pattern shall constitute a
felony
under the laws of this state in existence at the time it was
committed or, if committed in violation
of the laws of the United
States or of any other state, shall
constitute a felony under the
law of the United States or
the other state and would be a
criminal offense under the law of this
state if committed in this
state.
(F) "Pecuniary value" means money, a negotiable
instrument,
a
commercial interest, or anything of value, as
defined in section
1.03 of the Revised Code, or any other
property or service that
has a value in excess of one hundred
dollars.
(G) "Person" means any person, as defined in section 1.59
of
the Revised Code, and any governmental officer, employee, or
entity.
(H) "Personal property" means any personal property, any
interest in personal property, or any right, including, but not
limited to, bank accounts, debts, corporate stocks, patents, or
copyrights. Personal property and any beneficial interest in
personal property are deemed to be located where the trustee of
the property, the personal property, or the instrument evidencing
the right is located.
(I) "Corrupt activity" means engaging in, attempting to
engage in, conspiring to engage in, or soliciting, coercing, or
intimidating another person to engage in any of the following:
(1) Conduct defined as "racketeering activity" under the
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;
(2) Conduct constituting any of the following:
(a) A violation of section 1315.55, 1322.02, 2903.01,
2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,
2905.11,
2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,
2911.01,
2911.02, 2911.11, 2911.12,
2911.13, 2911.31, 2913.05,
2913.06,
2921.02, 2921.03,
2921.04,
2921.11, 2921.12, 2921.32,
2921.41, 2921.42, 2921.43,
2923.12, or
2923.17; division
(F)(1)(a), (b), or (c) of section
1315.53;
division (A)(1) or (2)
of section 1707.042; division (B),
(C)(4),
(D), (E), or (F) of
section 1707.44; division
(A)(1) or (2) of
section 2923.20;
division (J)(1) of
section 4712.02; section
4719.02, 4719.05, or
4719.06; division (C), (D), or
(E) of section
4719.07; section
4719.08; or division (A) of section 4719.09 of
the Revised Code.
(b) Any violation of section 3769.11, 3769.15, 3769.16, or
3769.19 of the
Revised Code as it existed prior to July 1, 1996,
any violation of section 2915.02 of the Revised Code that occurs
on or after
July 1, 1996, and that, had it occurred prior to that
date, would have been a
violation of section 3769.11 of the
Revised Code
as it existed prior to that date, or any violation of
section 2915.05 of the
Revised Code that occurs on or after July
1, 1996, and
that, had it occurred prior to that date, would
have
been a violation of section 3769.15, 3769.16, or 3769.19 of the
Revised
Code as it existed prior to that date.
(c) Any violation of section 2907.21, 2907.22, 2907.31,
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37
of the
Revised Code, any violation of section 2925.11 of the
Revised Code that is a
felony of the first, second, third, or
fourth degree and that occurs on or
after July 1, 1996, any
violation of section 2915.02 of the Revised Code
that occurred
prior to July 1, 1996, any violation of section 2915.02 of the
Revised Code that occurs on or after July 1, 1996, and that, had
it occurred
prior to that date, would not
have been a violation of
section 3769.11 of the Revised Code as it existed
prior to that
date, any violation of section 2915.06 of the Revised Code as it
existed prior to July 1, 1996, or any violation of
division (B) of
section 2915.05 of the Revised Code as it
exists on and after July
1, 1996, when the proceeds of the violation, the
payments made in
the violation, the amount of a claim for payment or for
any other
benefit that is false or deceptive and that is involved
in the
violation, or the value of the contraband or other
property
illegally possessed, sold, or purchased in the violation
exceeds
five hundred dollars, or any combination of violations described
in
division (I)(2)(c) of this section when the total proceeds of
the combination
of violations, payments made in the combination of
violations,
amount of the claims for payment or for other benefits
that is
false or deceptive and that is involved in the combination
of
violations, or value of the contraband or other property
illegally possessed, sold, or purchased in the combination of
violations exceeds five hundred dollars;
(d) Any violation of section 5743.112 of the Revised Code
when the amount of unpaid tax exceeds one hundred dollars;
(e) Any violation or combination of violations of section
2907.32 of the Revised Code involving any material or performance
containing a display of bestiality or of sexual conduct, as
defined in section 2907.01 of the Revised Code, that is explicit
and depicted with clearly visible penetration of the genitals or
clearly visible penetration by the penis of any orifice when the
total proceeds of the violation or combination of violations, the
payments made in the violation or combination of violations, or
the value of the contraband or other property illegally
possessed,
sold, or purchased in the violation or combination of
violations
exceeds five hundred dollars;
(f) Any combination of violations described in division
(I)(2)(c) of this
section and violations of section
2907.32 of the
Revised Code involving any material or performance
containing a
display of bestiality or of sexual conduct, as
defined in section
2907.01 of the Revised Code, that is explicit
and depicted with
clearly visible penetration of the genitals or
clearly visible
penetration by the penis of any orifice when the
total proceeds of
the combination of violations, payments made in
the combination of
violations, amount of the claims for payment
or for other benefits
that is false or deceptive and that is
involved in the combination
of violations, or value of the
contraband or other property
illegally possessed, sold, or
purchased in the combination of
violations exceeds five hundred
dollars.
(3) Conduct constituting a violation of any law of any
state
other than this state that is substantially similar to the
conduct
described in division (I)(2) of this section, provided
the
defendant was convicted of the conduct in a criminal
proceeding in
the other state;
(4) Animal or ecological terrorism;
(5)(a) Conduct constituting any of the following:
(i) Organized retail theft;
(ii) Conduct that constitutes one or more violations of any
law of any state other than this state, that is substantially
similar to organized retail theft, and that if committed in this
state would be organized retail theft, if the defendant was
convicted of or pleaded guilty to the conduct in a criminal
proceeding in the other state.
(b) By enacting division (I)(5)(a) of this section, it is the
intent of the general assembly to add organized retail theft and
the conduct described in division (I)(5)(a)(ii) of this section as
conduct constituting corrupt activity. The enactment of division
(I)(5)(a) of this section and the addition by division (I)(5)(a)
of this section of organized retail theft and the conduct
described in division (I)(5)(a)(ii) of this section as conduct
constituting corrupt activity does not limit or preclude, and
shall not be construed as limiting or precluding, any prosecution
for a violation of section 2923.32 of the Revised Code that is
based on one or more violations of section 2913.02 or 2913.51 of
the Revised Code, one or more similar offenses under the laws of
this state or any other state, or any combination of any of those
violations or similar offenses, even though the conduct
constituting the basis for those violations or offenses could be
construed as also constituting organized retail theft or conduct
of the type described in division (I)(5)(a)(ii) of this section.
(J) "Real property" means any real property or any
interest
in real property, including, but not limited to, any
lease of, or
mortgage upon, real property. Real property and any
beneficial
interest in it is deemed to be located where the real
property is
located.
(K) "Trustee" means any of the following:
(1) Any person acting as trustee under a trust in which
the
trustee holds title to personal or real property;
(2) Any person who holds title to personal or real
property
for which any other person has a beneficial interest;
(3) Any successor trustee.
"Trustee" does not include an assignee or trustee for an
insolvent debtor or an executor, administrator, administrator
with
the will annexed, testamentary trustee, guardian, or
committee,
appointed by, under the control of, or accountable
to a court.
(L) "Unlawful debt" means any money or other thing of
value
constituting principal or interest of a debt that is
legally
unenforceable in this state in whole or in part because
the debt
was incurred or contracted in violation of any federal
or state
law relating to the business of gambling activity or
relating to
the business of lending money at an usurious rate
unless the
creditor proves, by a preponderance of the evidence,
that the
usurious rate was not intentionally set and that it
resulted from
a good faith error by the creditor, notwithstanding
the
maintenance of procedures that were adopted by the creditor
to
avoid an error of that nature.
(M) "Animal activity" means any activity that involves the
use of animals or animal parts, including, but not limited to,
hunting, fishing, trapping, traveling, camping, the production,
preparation, or processing of food or food products, clothing or
garment manufacturing, medical research, other research,
entertainment, recreation, agriculture, biotechnology, or service
activity that involves the use of animals or animal parts.
(N) "Animal facility" means a vehicle, building, structure,
nature preserve, or other premises in which an animal is lawfully
kept, handled, housed, exhibited, bred, or offered for sale,
including, but not limited to, a zoo, rodeo, circus, amusement
park, hunting preserve, or premises in which a horse or dog event
is held.
(O) "Animal or ecological terrorism" means the commission of
any felony that involves causing or creating a substantial risk of
physical harm to any property of another, the use of a deadly
weapon or dangerous ordnance, or purposely, knowingly, or
recklessly causing serious physical harm to property and that
involves an intent to obstruct, impede, or deter any person from
participating in a lawful animal activity, from mining, foresting,
harvesting, gathering, or processing natural resources, or from
being lawfully present in or on an animal facility or research
facility.
(P) "Research facility" means a place, laboratory,
institution, medical care facility, government facility, or public
or private educational institution in which a scientific test,
experiment, or investigation involving the use of animals or other
living organisms is lawfully carried out, conducted, or
attempted.
(Q) "Organized retail theft" means the theft of retail
property with a retail value of five hundred dollars or more from
one or more retail establishments with the intent to sell,
deliver, or
transfer that property to a retail property fence.
(R) "Retail property" means any tangible personal property
displayed, held, stored, or offered for sale in or by a retail
establishment.
(S) "Retail property fence" means a person who possesses,
procures, receives, or conceals retail property that was
represented to the person as being stolen or that the person knows
or believes to be stolen.
(T) "Retail value" means the full retail value of the retail
property. In determining whether the retail value of retail
property equals or exceeds five hundred dollars, the value of all
retail property stolen from the retail establishment or retail
establishments by the same
person or persons within any
one-hundred-eighty-day period shall
be aggregated.
Section 2. That existing sections 2913.01, 2913.02, 2913.72,
and 2923.31 of the Revised Code
are hereby repealed.
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