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Sub. H. B. No. 247 As Recommitted to the Senate Judiciary CommitteeAs Recommitted to the Senate Judiciary Committee
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Adams, R., Beck, Grossman, Henne, Huffman, Letson, Murray, Stebelton, Slaby, Bubp, Amstutz, Anielski, Antonio, Blair, Blessing, Boose, Carey, Clyde, Combs, Conditt, Damschroder, Duffey, Foley, Garland, Hackett, Hagan, C., Hall, Hayes, Hill, Lundy, Martin, Milkovich, Newbold, O'Brien, Pelanda, Peterson, Phillips, Rosenberger, Ruhl, Schuring, Sears, Sprague, Szollosi, Thompson, Weddington, Winburn Speaker Batchelder
A BILL
To amend sections 181.25, 1337.28, 1705.081,
2111.121, 2151.85, 2947.23, 2949.091, 2953.08,
5322.01, 5322.02, 5322.03, and 5809.031 and to
enact sections 1901.263, 1905.38, 1907.25,
1925.151, 2101.165, 2151.542, 2303.23, 2501.161,
and 2503.18 of the Revised Code to authorize a
court to cancel claims for uncollectible amounts
due the court, to authorize a sentencing court to
waive, suspend, or modify payment of the costs of
prosecution, to define "case" in connection with
the imposition of costs in a criminal case, to
abolish the Felony Sentence Appeal Cost Oversight
Committee, to make changes to the law in relation
to the sale of personal property on which there
has been placed a lien by an owner of a
self-service storage facility, to provide that a
principal in a power of attorney may nominate a
guardian of the principal's incompetent adult
children, remove the requirement that the
operating agreement of a limited liability company
may identify types or categories of activities
that do not violate the duty of loyalty only if
not manifestly unreasonable, specify that the
operating agreement of a limited liability company
may not eliminate the duty of care but may
prescribe the standards by which the duty is to be
measured, modify the restrictions on the operating
agreement of a limited liability company with
respect to the obligation of good faith and the
duties of a manager, make other clarifying changes
to provisions contained in Sub. H.B. 48 and Sub.
S.B. 117 of the 129th General Assembly, to make a
conforming change related to Am. H.B. 63 of the
129th General Assembly, and to clarify the entity
that prescribes forms under R.C. 2151.85.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 181.25, 1337.28, 1705.081, 2111.121,
2151.85, 2947.23, 2949.091, 2953.08, 5322.01, 5322.02, 5322.03,
and 5809.031 be amended and sections 1901.263, 1905.38, 1907.25,
1925.151, 2101.165, 2151.542, 2303.23, 2501.161, and 2503.18 of
the Revised Code be enacted to read as follows:
Sec. 181.25. (A) If the comprehensive criminal sentencing
structure that it recommends to the general assembly pursuant to
section 181.24 of the Revised Code or any aspects of that
sentencing structure are enacted into law, the state criminal
sentencing commission shall do all of the following:
(1) Assist the general assembly in the implementation of
those aspects of the sentencing structure that are enacted into
law;
(2) Monitor the operation of the aspects of the sentencing
structure that are enacted into law and report to the general
assembly no later than January 1, 1997, and biennially thereafter,
on all of the following matters:
(a) The impact of the sentencing structure in effect on and
after July 1, 1996, on political subdivisions and other relevant
aspects of local government in this state, including all of the
following information:
(i) The number and type of offenders who were being
imprisoned in a state correctional institution under the law in
effect prior to July 1, 1996, but who are being punished under a
community control sanction, as defined in section 2929.01 of the
Revised Code, under the law in effect on and after July 1, 1996;
(ii) The fiscal and other impact of the law in effect on and
after July 1, 1996, on political subdivisions and other relevant
aspects of local government in this state, including law
enforcement agencies, the court system, prosecutors, as defined in
section 2935.01 of the Revised Code, the public defender and
assigned counsel system, jails and workhouses, probation
departments, the drug and alcohol abuse intervention and treatment
system, and the mental health intervention and treatment system.
(b) The impact of the sentencing structure in effect on and
after July 1, 1996, on the population of state correctional
institutions, including information regarding the number and types
of offenders who are being imprisoned under the law in effect on
and after July 1, 1996, and the amount of space in state
correctional institutions that is necessary to house those
offenders;
(c) The impact of the sentencing structure and the sentence
appeal provisions in effect on and after July 1, 1996, on the
appellate courts of this state, including information regarding
the number of sentence-based appeals, the cost of reviewing
appeals of that nature, whether a special court should be created
to review sentences, and whether changes should be made to ensure
that sentence-based appeals are conducted expeditiously.
(3) Review all bills that are introduced in the general
assembly that provide for new criminal offenses or that change the
penalty for any criminal offense, determine if those bills are
consistent with the sentencing policy adopted under division (B)
of section 181.23 of the Revised Code, determine the impact of
those bills upon the correctional resources of the state, and
recommend to the general assembly any necessary amendments to
those bills. When the commission recommends any amendment for a
bill before the general assembly, it shall do so in a manner that
is consistent with the requirements of section 181.24 of the
Revised Code.
(4) Study criminal sentencing structures in this state, other
states, and the federal government, recommend necessary changes to
the sentencing structure of the state, and determine the costs and
effects of any proposed changes in the sentencing structure of the
state;
(5) Collect and maintain data that pertains to the cost to
counties of the felony sentence appeal provisions set forth in
section 2953.08 of the Revised Code, of the postconviction relief
proceeding provisions set forth in division (A)(2) of section
2953.21 of the Revised Code, and of appeals from judgments entered
in such postconviction relief proceedings. The data so collected
and maintained shall include, but shall not be limited to, the
increase in expenses that counties experience as a result of those
provisions and those appeals and the number of felony sentence
appeals made, postconviction relief proceedings filed, and appeals
of postconviction relief proceeding judgments made in each county
under those provisions. The commission periodically shall provide
to the felony sentence appeal cost oversight committee, in
accordance with division (I) of section 2953.08 of the Revised
Code, all data the commission collects pursuant to this division.
(B) In addition to its duties set forth in section 181.24 of
the Revised Code and division (A) of this section, the state
criminal sentencing commission shall review all forfeiture
statutes in Titles XXIX and XLV of the Revised Code and, not later
than July 1, 2002, recommend to the general assembly any necessary
changes to those statutes.
Sec. 1337.28. (A) In a power of attorney, a principal may
nominate a guardian of the principal's person, estate, or both and
may nominate a guardian of the person, the estate, or both of one
or more of the principal's minor children or incompetent adult
children, whether born at the time of the execution of the power
of attorney or afterward. The nomination is for consideration by a
court if proceedings for the appointment of a guardian for the
principal's person, estate, or both or if proceedings for the
appointment of a guardian of the person, the estate, or both of
one or more of the principal's minor children or incompetent adult
children are commenced at a later time. The principal may
authorize the person nominated as guardian or the agent to
nominate a successor guardian for consideration by a court. Except
for good cause shown or disqualification, the court shall make its
appointment in accordance with the principal's most recent
nomination. Nomination of a person as a guardian or successor
guardian of the person, the estate, or both of one or more of the
principal's minor children or incompetent adult children under
this division, and any subsequent appointment of the guardian or
successor guardian as guardian under section 2111.02 of the
Revised Code, does not vacate the jurisdiction of any other court
that previously may have exercised jurisdiction over the person of
the minor or incompetent adult child.
(B) The principal may direct that bond be waived for a person
nominated as guardian or as a successor guardian.
(C) If, after a principal executes a power of attorney, a
court appoints a guardian of the principal's estate or other
fiduciary charged with the management of some or all of the
principal's property, the agent is accountable to the fiduciary as
well as to the principal. The power of attorney is not terminated
and the agent's authority continues unless limited, suspended, or
terminated by the court after notice to the agent and upon a
finding that the limitation, suspension, or termination would be
in the best interest of the principal.
(D) A power of attorney that contains the nomination of a
person to be the guardian of the person, the estate, or both of
one or more of the principal's minor children or incompetent adult
children under this division may be filed with the probate court
for safekeeping, and the probate court shall designate the
nomination as the nomination of a standby guardian.
(E) As used in this section, "incompetent" has the same
meaning as in section 2111.01 of the Revised Code.
Sec. 1705.081. (A) Except as otherwise provided in division
(B) of this section, an operating agreement governs relations
among members and between members, any managers, and the limited
liability company. A limited liability company is bound by the
operating agreement of its member or members whether or not the
limited liability company executes the operating agreement. To the
extent the operating agreement does not otherwise provide, this
chapter governs relations among the members and between the
members, any managers, and the limited liability company.
(B) The operating agreement may not do any of the following:
(1) Vary the rights and duties under section 1705.04 of the
Revised Code;
(2) Unreasonably restrict the right of access to books and
records under section 1705.22 of the Revised Code;
(3) Eliminate the duty of loyalty under division (C) of
section 1705.161 of the Revised Code or division (B) of section
1705.281 of the Revised Code, but the operating agreement may
identify specific types or categories of activities that do not
violate the duty of loyalty if not manifestly unreasonable, and
all of the members or a number or percentage of members specified
in the operating agreement may authorize or ratify, after full
disclosure of all material facts, a specific act or transaction
that otherwise would violate the duty of loyalty;
(4) Unreasonably reduce Eliminate the duty of care under
division (C) of section 1705.161 of the Revised Code or division
(C) of section 1705.281 of the Revised Code, but the operating
agreement may prescribe the standards by which the duty is to be
measured;
(5) Eliminate the obligation of good faith and fair dealing
under division (D) of section 1705.281 of the Revised Code, but
the operating agreement may prescribe the standards by which the
performance of the obligation is to be measured if the standards
are not manifestly unreasonable;
(6) Eliminate the duties of a manager under division (B) of
section 1705.29 of the Revised Code, but the operating agreement
may prescribe in writing the standards by which performance is to
be measured or specify types or categories of identify activities
that do not violate the manager's duties in each case if not
manifestly unreasonable;
(7) Vary the requirement to wind up the limited liability
company's business in cases specified in division (A) or (B) of
section 1705.47 of the Revised Code;
(8) Restrict the rights of third parties under this chapter.
Sec. 1901.263. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.
Sec. 1905.38. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.
Sec. 1907.25. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.
Sec. 1925.151. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.
Sec. 2101.165. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.
Sec. 2111.121. (A) A person may nominate in a writing, as
described in this division, another person to be the guardian of
the nominator's person, estate, or both or the guardian of the
person, the estate, or both, of one or more of the nominator's
minor or incompetent adult children, whether born at the time of
the execution of the writing or afterward, subject to notice and a
hearing pursuant to section 2111.02 of the Revised Code. The
nomination is for consideration by a court if proceedings for the
appointment of a guardian of the person, the estate, or both, for
the person making the nomination or if proceedings for the
appointment of a guardian as the guardian of the person, the
estate, or both of one or more of the nominator's minor or
incompetent adult children are commenced at a later time. The
person may authorize, in a writing of that nature, the person
nominated as guardian to nominate a successor guardian for
consideration by a court. The person also may direct, in a writing
of that nature, that bond be waived for a person nominated as
guardian in it or nominated as a successor guardian in accordance
with an authorization in it.
To be effective as a nomination, the writing shall be signed
by the person making the nomination in the presence of two
witnesses; signed by the witnesses; and contain, immediately prior
to their signatures, an attestation of the witnesses that the
person making the nomination signed the writing in their presence;
and or be acknowledged by the person making the nomination before
a notary public.
(B) If a person has nominated, in a writing as described in
division (A) of this section or in a durable power of attorney
under section 1337.24 of the Revised Code, another person to be
the guardian of the nominator's person, estate, or both, and
proceedings for the appointment of a guardian for the person are
commenced at a later time, the court involved shall appoint the
person nominated as guardian in the writing or durable power of
attorney most recently executed if the person nominated is
competent, suitable, and willing to accept the appointment. If the
writing or durable power of attorney contains a waiver of bond,
the court shall waive bond of the person nominated as guardian
unless it is of the opinion that the interest of the trust demands
it.
(C) Nomination of a person as a guardian or successor
guardian of the person, the estate, or both of one or more of the
nominator's minor or incompetent adult children under division (A)
of this section, and any subsequent appointment of the guardian or
successor guardian as guardian under section 2111.02 of the
Revised Code, does not vacate the jurisdiction of any other court
that previously may have exercised jurisdiction over the person of
the minor or incompetent adult child.
(D) The writing containing the nomination of a person to be
the guardian of the person, the estate, or both of one or more of
the nominator's minor or incompetent adult children under division
(A) of this section may be filed with the probate court for
safekeeping, and the probate court shall designate the nomination
as the nomination of a standby guardian.
Sec. 2151.542. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.
Sec. 2151.85. (A) A woman who is pregnant, unmarried, under
eighteen years of age, and unemancipated and who wishes to have an
abortion without the notification of her parents, guardian, or
custodian may file a complaint in the juvenile court of the county
in which she has a residence or legal settlement,
or in the
juvenile court of any county that borders to any extent the county
in which she has a residence or legal settlement, or in the
juvenile court of the county in which the hospital, clinic, or
other facility in which the abortion would be performed or induced
is located, requesting the issuance of an order authorizing her to
consent to the performance or inducement of an abortion without
the notification of her parents, guardian, or custodian.
The complaint shall be made under oath and shall include all
of the following:
(1) A statement that the complainant is pregnant;
(2) A statement that the complainant is unmarried, under
eighteen years of age, and unemancipated;
(3) A statement that the complainant wishes to have an
abortion without the notification of her parents, guardian, or
custodian;
(4) An allegation of either or both of the following:
(a) That the complainant is sufficiently mature and well
enough informed to intelligently decide whether to have an
abortion without the notification of her parents, guardian, or
custodian;
(b) That one or both of her parents, her guardian, or her
custodian was engaged in a pattern of physical, sexual, or
emotional abuse against her, or that the notification of her
parents, guardian, or custodian otherwise is not in her best
interest.
(5) A statement as to whether the complainant has retained an
attorney and, if she has retained an attorney, the name, address,
and telephone number of her attorney.
(B)(1) The court shall fix a time for a hearing on any
complaint filed pursuant to division (A) of this section and shall
keep a record of all testimony and other oral proceedings in the
action. The court shall hear and determine the action and shall
not refer any portion of it to a referee. The hearing shall be
held at the earliest possible time, but not later than the fifth
business day after the day that the complaint is filed. The court
shall enter judgment on the complaint immediately after the
hearing is concluded. If the hearing required by this division is
not held by the fifth business day after the complaint is filed,
the failure to hold the hearing shall be considered to be a
constructive order of the court authorizing the complainant to
consent to the performance or inducement of an abortion without
the notification of her parent, guardian, or custodian, and the
complainant and any other person may rely on the constructive
order to the same extent as if the court actually had issued an
order under this section authorizing the complainant to consent to
the performance or inducement of an abortion without such
notification.
(2) The court shall appoint a guardian ad litem to protect
the interests of the complainant at the hearing that is held
pursuant to this section. If the complainant has not retained an
attorney, the court shall appoint an attorney to represent her. If
the guardian ad litem is an attorney admitted to the practice of
law in this state, the court also may appoint him the guardian ad
litem to serve as the complainant's attorney.
(C)(1) If the complainant makes only the allegation set forth
in division (A)(4)(a) of this section and if the court finds, by
clear and convincing evidence, that the complainant is
sufficiently mature and well enough informed to decide
intelligently whether to have an abortion, the court shall issue
an order authorizing the complainant to consent to the performance
or inducement of an abortion without the notification of her
parents, guardian, or custodian. If the court does not make the
finding specified in this division, it shall dismiss the
complaint.
(2) If the complainant makes only the allegation set forth in
division (A)(4)(b) of this section and if the court finds, by
clear and convincing evidence, that there is evidence of a pattern
of physical, sexual, or emotional abuse of the complainant by one
or both of her parents, her guardian, or her custodian, or that
the notification of the parents, guardian, or custodian of the
complainant otherwise is not in the best interest of the
complainant, the court shall issue an order authorizing the
complainant to consent to the performance or inducement of an
abortion without the notification of her parents, guardian, or
custodian. If the court does not make the finding specified in
this division, it shall dismiss the complaint.
(3) If the complainant makes both of the allegations set
forth in divisions (A)(4)(a) and (b) of this section, the court
shall proceed as follows:
(a) The court first shall determine whether it can make the
finding specified in division (C)(1) of this section and, if so,
shall issue an order pursuant to that division. If the court
issues such an order, it shall not proceed pursuant to division
(C)(3)(b) of this section. If the court does not make the finding
specified in division (C)(1) of this section, it shall proceed
pursuant to division (C)(3)(b) of this section.
(b) If the court pursuant to division (C)(3)(a) of this
section does not make the finding specified in division (C)(1) of
this section, it shall proceed to determine whether it can make
the finding specified in division (C)(2) of this section and, if
so, shall issue an order pursuant to that division. If the court
does not make the finding specified in division (C)(2) of this
section, it shall dismiss the complaint.
(D) The court shall not notify the parents, guardian, or
custodian of the complainant that she is pregnant or that she
wants to have an abortion.
(E) If the court dismisses the complaint, it immediately
shall notify the complainant that she has a right to appeal under
section 2505.073 of the Revised Code.
(F) Each hearing under this section shall be conducted in a
manner that will preserve the anonymity of the complainant. The
complaint and all other papers and records that pertain to an
action commenced under this section shall be kept confidential and
are not public records under section 149.43 of the Revised Code.
(G) The clerk of the supreme court shall prescribe complaint
and notice of appeal forms that shall be used by a complainant
filing a complaint under this section and by an appellant filing
an appeal under section 2505.073 of the Revised Code. The clerk of
each juvenile court shall furnish blank copies of the forms,
without charge, to any person who requests them.
(H) No filing fee shall be required of, and no court costs
shall be assessed against, a complainant filing a complaint under
this section or an appellant filing an appeal under section
2505.073 of the Revised Code.
(I) As used in this section, "unemancipated" means that a
woman who is unmarried and under eighteen years of age has not
entered the armed services of the United States, has not become
employed and self-subsisting, or has not otherwise become
independent from the care and control of her parent, guardian, or
custodian.
Sec. 2303.23. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.
Sec. 2501.161. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.
Sec. 2503.18. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.
Sec. 2947.23. (A)(1) In all criminal cases, including
violations of ordinances, the judge or magistrate shall include in
the sentence the costs of prosecution, including any costs under
section 2947.231 of the Revised Code, and render a judgment
against the defendant for such costs. At the time If the judge or
magistrate imposes sentence a community control sanction or other
nonresidential sanction, the judge or magistrate, when imposing
the sanction, shall notify the defendant of both of the following:
(a) If the defendant fails to pay that judgment or fails to
timely make payments towards that judgment under a payment
schedule approved by the court, the court may order the defendant
to perform community service in an amount of not more than forty
hours per month until the judgment is paid or until the court is
satisfied that the defendant is in compliance with the approved
payment schedule.
(b) If the court orders the defendant to perform the
community service, the defendant will receive credit upon the
judgment at the specified hourly credit rate per hour of community
service performed, and each hour of community service performed
will reduce the judgment by that amount.
(2) The following shall apply in all criminal cases:
(a) If a jury has been sworn at the trial of a case, the fees
of the jurors shall be included in the costs, which shall be paid
to the public treasury from which the jurors were paid.
(b) If a jury has not been sworn at the trial of a case
because of a defendant's failure to appear without good cause, the
costs incurred in summoning jurors for that particular trial may
be included in the costs of prosecution. If the costs incurred in
summoning jurors are assessed against the defendant, those costs
shall be paid to the public treasury from which the jurors were
paid.
(B) If a judge or magistrate has reason to believe that a
defendant has failed to pay the judgment described in division (A)
of this section or has failed to timely make payments towards that
judgment under a payment schedule approved by the judge or
magistrate, the judge or magistrate shall hold a hearing to
determine whether to order the offender to perform community
service for that failure. The judge or magistrate shall notify
both the defendant and the prosecuting attorney of the place,
time, and date of the hearing and shall give each an opportunity
to present evidence. If, after the hearing, the judge or
magistrate determines that the defendant has failed to pay the
judgment or to timely make payments under the payment schedule and
that imposition of community service for the failure is
appropriate, the judge or magistrate may order the offender to
perform community service in an amount of not more than forty
hours per month until the judgment is paid or until the judge or
magistrate is satisfied that the offender is in compliance with
the approved payment schedule. If the judge or magistrate orders
the defendant to perform community service under this division,
the defendant shall receive credit upon the judgment at the
specified hourly credit rate per hour of community service
performed, and each hour of community service performed shall
reduce the judgment by that amount. Except for the credit and
reduction provided in this division, ordering an offender to
perform community service under this division does not lessen the
amount of the judgment and does not preclude the state from taking
any other action to execute the judgment.
(C) The court retains jurisdiction to waive, suspend, or
modify the payment of the costs of prosecution, including any
costs under section 2947.231 of the Revised Code, at the time of
sentencing or at any time thereafter.
(D) As used in this section, "specified:
(1) "Case" means a prosecution of all the charges that result
from the same act, transaction, or series of acts or transactions
and that are given the same case type designator and case number
under Rule 43 of the Rules of Superintendence for the Courts of
Ohio or any successor to that rule.
(2) "Specified hourly credit rate" means the wage rate that
is specified in 26 U.S.C.A. 206(a)(1) under the federal Fair Labor
Standards Act of 1938, that then is in effect, and that an
employer subject to that provision must pay per hour to each of
the employer's employees who is subject to that provision.
Sec. 2949.091. (A)(1)(a) The court in which any person is
convicted of or pleads guilty to any offense shall impose one of
the following sums as costs in the case in addition to any other
court costs that the court is required by law to impose upon the
offender:
(i) Thirty dollars if the offense is a felony;
(ii) Twenty dollars if the offense is a misdemeanor other
than a traffic offense that is not a moving violation;
(iii) Ten dollars if the offense is a traffic offense that is
not a moving violation, excluding parking violations.
(b) All moneys collected pursuant to division (A)(1)(a) of
this section during a month shall be transmitted on or before the
twentieth day of the following month by the clerk of the court to
the treasurer of state and deposited by the treasurer of state to
the credit of the indigent defense support fund established under
section 120.08 of the Revised Code. The court shall not waive the
payment of the additional thirty-, twenty-, or ten-dollar court
costs, unless the court determines that the offender is indigent
and waives the payment of all court costs imposed upon the
indigent offender.
(2)(a) The juvenile court in which a child is found to be a
delinquent child or a juvenile traffic offender for an act that,
if committed by an adult, would be an offense, shall impose one of
the following sums as costs in the case in addition to any other
court costs that the court is required or permitted by law to
impose upon the delinquent child or juvenile traffic offender:
(i) Thirty dollars if the offense is a felony;
(ii) Twenty dollars if the offense is a misdemeanor other
than a traffic offense that is not a moving violation;
(iii) Ten dollars if the offense is a traffic offense that is
not a moving violation, excluding parking violations.
(b) All moneys collected pursuant to division (A)(2)(a) of
this section during a month shall be transmitted on or before the
twentieth day of the following month by the clerk of the court to
the treasurer of state and deposited by the treasurer of state to
the credit of the indigent defense support fund established under
section 120.08 of the Revised Code. The thirty-, twenty-, or
ten-dollar court costs shall be collected in all cases unless the
court determines the juvenile is indigent and waives the payment
of all court costs, or enters an order on its journal stating that
it has determined that the juvenile is indigent, that no other
court costs are to be taxed in the case, and that the payment of
the thirty-, twenty-, or ten-dollar court costs is waived.
(B) Whenever a person is charged with any offense described
in division (A)(1) of this section, the court shall add to the
amount of the bail the thirty, twenty, or ten dollars required to
be paid by division (A)(1) of this section. The thirty, twenty, or
ten dollars shall be retained by the clerk of the court until the
person is convicted, pleads guilty, forfeits bail, is found not
guilty, or has the charges dismissed. If the person is convicted,
pleads guilty, or forfeits bail, the clerk shall transmit the
thirty, twenty, or ten dollars on or before the twentieth day of
the month following the month in which the person was convicted,
pleaded guilty, or forfeited bail to the treasurer of state, who
shall deposit it to the credit of the indigent defense support
fund established under section 120.08 of the Revised Code. If the
person is found not guilty or the charges are dismissed, the clerk
shall return the thirty, twenty, or ten dollars to the person.
(C) No person shall be placed or held in a detention facility
for failing to pay the additional thirty-, twenty-, or ten-dollar
court costs or bail that are required to be paid by this section.
(D) As used in this section:
(1) "Moving violation" and "bail" have the same meanings as
in section 2743.70 of the Revised Code.
(2) "Detention facility" has the same meaning as in section
2921.01 of the Revised Code.
(3) "Case" has the same meaning as in section 2947.23 of the
Revised Code.
Sec. 2953.08. (A) In addition to any other right to appeal
and except as provided in division (D) of this section, a
defendant who is convicted of or pleads guilty to a felony may
appeal as a matter of right the sentence imposed upon the
defendant on one of the following grounds:
(1) The sentence consisted of or included the maximum prison
term allowed for the offense by division (A) of section 2929.14 or
section 2929.142 of the Revised Code, the maximum prison term was
not required for the offense pursuant to Chapter 2925. or any
other provision of the Revised Code, and the court imposed the
sentence under one of the following circumstances:
(a) The sentence was imposed for only one offense.
(b) The sentence was imposed for two or more offenses arising
out of a single incident, and the court imposed the maximum prison
term for the offense of the highest degree.
(2) The sentence consisted of or included a prison term, the
offense for which it was imposed is a felony of the fourth or
fifth degree or is a felony drug offense that is a violation of a
provision of Chapter 2925. of the Revised Code and that is
specified as being subject to division (B) of section 2929.13 of
the Revised Code for purposes of sentencing, and the court did not
specify at sentencing that it found one or more factors specified
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised
Code to apply relative to the defendant. If the court specifies
that it found one or more of those factors to apply relative to
the defendant, the defendant is not entitled under this division
to appeal as a matter of right the sentence imposed upon the
offender.
(3) The person was convicted of or pleaded guilty to a
violent sex offense or a designated homicide, assault, or
kidnapping offense, was adjudicated a sexually violent predator in
relation to that offense, and was sentenced pursuant to division
(A)(3) of section 2971.03 of the Revised Code, if the minimum term
of the indefinite term imposed pursuant to division (A)(3) of
section 2971.03 of the Revised Code is the longest term available
for the offense from among the range of terms listed in section
2929.14 of the Revised Code. As used in this division, "designated
homicide, assault, or kidnapping offense" and "violent sex
offense" have the same meanings as in section 2971.01 of the
Revised Code. As used in this division, "adjudicated a sexually
violent predator" has the same meaning as in section 2929.01 of
the Revised Code, and a person is "adjudicated a sexually violent
predator" in the same manner and the same circumstances as are
described in that section.
(4) The sentence is contrary to law.
(5) The sentence consisted of an additional prison term of
ten years imposed pursuant to division (B)(2)(a) of section
2929.14 of the Revised Code.
(B) In addition to any other right to appeal and except as
provided in division (D) of this section, a prosecuting attorney,
a city director of law, village solicitor, or similar chief legal
officer of a municipal corporation, or the attorney general, if
one of those persons prosecuted the case, may appeal as a matter
of right a sentence imposed upon a defendant who is convicted of
or pleads guilty to a felony or, in the circumstances described in
division (B)(3) of this section the modification of a sentence
imposed upon such a defendant, on any of the following grounds:
(1) The sentence did not include a prison term despite a
presumption favoring a prison term for the offense for which it
was imposed, as set forth in section 2929.13 or Chapter 2925. of
the Revised Code.
(2) The sentence is contrary to law.
(3) The sentence is a modification under section 2929.20 of
the Revised Code of a sentence that was imposed for a felony of
the first or second degree.
(C)(1) In addition to the right to appeal a sentence granted
under division (A) or (B) of this section, a defendant who is
convicted of or pleads guilty to a felony may seek leave to appeal
a sentence imposed upon the defendant on the basis that the
sentencing judge has imposed consecutive sentences under division
(C)(3) of section 2929.14 of the Revised Code and that the
consecutive sentences exceed the maximum prison term allowed by
division (A) of that section for the most serious offense of which
the defendant was convicted. Upon the filing of a motion under
this division, the court of appeals may grant leave to appeal the
sentence if the court determines that the allegation included as
the basis of the motion is true.
(2) A defendant may seek leave to appeal an additional
sentence imposed upon the defendant pursuant to division (B)(2)(a)
or (b) of section 2929.14 of the Revised Code if the additional
sentence is for a definite prison term that is longer than five
years.
(D)(1) A sentence imposed upon a defendant is not subject to
review under this section if the sentence is authorized by law,
has been recommended jointly by the defendant and the prosecution
in the case, and is imposed by a sentencing judge.
(2) Except as provided in division (C)(2) of this section, a
sentence imposed upon a defendant is not subject to review under
this section if the sentence is imposed pursuant to division
(B)(2)(b) of section 2929.14 of the Revised Code. Except as
otherwise provided in this division, a defendant retains all
rights to appeal as provided under this chapter or any other
provision of the Revised Code. A defendant has the right to appeal
under this chapter or any other provision of the Revised Code the
court's application of division (B)(2)(c) of section 2929.14 of
the Revised Code.
(3) A sentence imposed for aggravated murder or murder
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not
subject to review under this section.
(E) A defendant, prosecuting attorney, city director of law,
village solicitor, or chief municipal legal officer shall file an
appeal of a sentence under this section to a court of appeals
within the time limits specified in Rule 4(B) of the Rules of
Appellate Procedure, provided that if the appeal is pursuant to
division (B)(3) of this section, the time limits specified in that
rule shall not commence running until the court grants the motion
that makes the sentence modification in question. A sentence
appeal under this section shall be consolidated with any other
appeal in the case. If no other appeal is filed, the court of
appeals may review only the portions of the trial record that
pertain to sentencing.
(F) On the appeal of a sentence under this section, the
record to be reviewed shall include all of the following, as
applicable:
(1) Any presentence, psychiatric, or other investigative
report that was submitted to the court in writing before the
sentence was imposed. An appellate court that reviews a
presentence investigation report prepared pursuant to section
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in
connection with the appeal of a sentence under this section shall
comply with division (D)(3) of section 2951.03 of the Revised Code
when the appellate court is not using the presentence
investigation report, and the appellate court's use of a
presentence investigation report of that nature in connection with
the appeal of a sentence under this section does not affect the
otherwise confidential character of the contents of that report as
described in division (D)(1) of section 2951.03 of the Revised
Code and does not cause that report to become a public record, as
defined in section 149.43 of the Revised Code, following the
appellate court's use of the report.
(2) The trial record in the case in which the sentence was
imposed;
(3) Any oral or written statements made to or by the court at
the sentencing hearing at which the sentence was imposed;
(4) Any written findings that the court was required to make
in connection with the modification of the sentence pursuant to a
judicial release under division (I) of section 2929.20 of the
Revised Code.
(G)(1) If the sentencing court was required to make the
findings required by division (B) or (D) of section 2929.13 or
division (I) of section 2929.20 of the Revised Code, or to state
the findings of the trier of fact required by division (B)(2)(e)
of section 2929.14 of the Revised Code, relative to the imposition
or modification of the sentence, and if the sentencing court
failed to state the required findings on the record, the court
hearing an appeal under division (A), (B), or (C) of this section
shall remand the case to the sentencing court and instruct the
sentencing court to state, on the record, the required findings.
(2) The court hearing an appeal under division (A), (B), or
(C) of this section shall review the record, including the
findings underlying the sentence or modification given by the
sentencing court.
The appellate court may increase, reduce, or otherwise modify
a sentence that is appealed under this section or may vacate the
sentence and remand the matter to the sentencing court for
resentencing. The appellate court's standard for review is not
whether the sentencing court abused its discretion. The appellate
court may take any action authorized by this division if it
clearly and convincingly finds either of the following:
(a) That the record does not support the sentencing court's
findings under division (B) or (D) of section 2929.13, division
(B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section
2929.20 of the Revised Code, whichever, if any, is relevant;
(b) That the sentence is otherwise contrary to law.
(H) A judgment or final order of a court of appeals under
this section may be appealed, by leave of court, to the supreme
court.
(I)(1) There is hereby established the felony sentence appeal
cost oversight committee, consisting of eight members. One member
shall be the chief justice of the supreme court or a
representative of the court designated by the chief justice, one
member shall be a member of the senate appointed by the president
of the senate, one member shall be a member of the house of
representatives appointed by the speaker of the house of
representatives, one member shall be the director of budget and
management or a representative of the office of budget and
management designated by the director, one member shall be a judge
of a court of appeals, court of common pleas, municipal court, or
county court appointed by the chief justice of the supreme court,
one member shall be the state public defender or a representative
of the office of the state public defender designated by the state
public defender, one member shall be a prosecuting attorney
appointed by the Ohio prosecuting attorneys association, and one
member shall be a county commissioner appointed by the county
commissioners association of Ohio. No more than three of the
appointed members of the committee may be members of the same
political party.
The president of the senate, the speaker of the house of
representatives, the chief justice of the supreme court, the Ohio
prosecuting attorneys association, and the county commissioners
association of Ohio shall make the initial appointments to the
committee of the appointed members no later than ninety days after
July 1, 1996. Of those initial appointments to the committee, the
members appointed by the speaker of the house of representatives
and the Ohio prosecuting attorneys association shall serve a term
ending two years after July 1, 1996, the member appointed by the
chief justice of the supreme court shall serve a term ending three
years after July 1, 1996, and the members appointed by the
president of the senate and the county commissioners association
of Ohio shall serve terms ending four years after July 1, 1996.
Thereafter, terms of office of the appointed members shall be for
four years, with each term ending on the same day of the same
month as did the term that it succeeds. Members may be
reappointed. Vacancies shall be filled in the same manner provided
for original appointments. A member appointed to fill a vacancy
occurring prior to the expiration of the term for which that
member's predecessor was appointed shall hold office as a member
for the remainder of the predecessor's term. An appointed member
shall continue in office subsequent to the expiration date of that
member's term until that member's successor takes office or until
a period of sixty days has elapsed, whichever occurs first.
If the chief justice of the supreme court, the director of
the office of budget and management, or the state public defender
serves as a member of the committee, that person's term of office
as a member shall continue for as long as that person holds office
as chief justice, director of the office of budget and management,
or state public defender. If the chief justice of the supreme
court designates a representative of the court to serve as a
member, the director of budget and management designates a
representative of the office of budget and management to serve as
a member, or the state public defender designates a representative
of the office of the state public defender to serve as a member,
the person so designated shall serve as a member of the commission
for as long as the official who made the designation holds office
as chief justice, director of the office of budget and management,
or state public defender or until that official revokes the
designation.
The chief justice of the supreme court or the representative
of the supreme court appointed by the chief justice shall serve as
chairperson of the committee. The committee shall meet within two
weeks after all appointed members have been appointed and shall
organize as necessary. Thereafter, the committee shall meet at
least once every six months or more often upon the call of the
chairperson or the written request of three or more members,
provided that the committee shall not meet unless moneys have been
appropriated to the judiciary budget administered by the supreme
court specifically for the purpose of providing financial
assistance to counties under division (I)(2) of this section and
the moneys so appropriated then are available for that purpose.
The members of the committee shall serve without
compensation, but, if moneys have been appropriated to the
judiciary budget administered by the supreme court specifically
for the purpose of providing financial assistance to counties
under division (I)(2) of this section, each member shall be
reimbursed out of the moneys so appropriated that then are
available for actual and necessary expenses incurred in the
performance of official duties as a committee member.
(2) The state criminal sentencing commission periodically
shall provide to the felony sentence appeal cost oversight
committee all data the commission collects pursuant to division
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the
data from the state criminal sentencing commission, the felony
sentence appeal cost oversight committee periodically shall review
the data; determine whether any money has been appropriated to the
judiciary budget administered by the supreme court specifically
for the purpose of providing state financial assistance to
counties in accordance with this division for the increase in
expenses the counties experience as a result of the felony
sentence appeal provisions set forth in this section or as a
result of a postconviction relief proceeding brought under
division (A)(2) of section 2953.21 of the Revised Code or an
appeal of a judgment in that proceeding; if it determines that any
money has been so appropriated, determine the total amount of
moneys that have been so appropriated specifically for that
purpose and that then are available for that purpose; and develop
a recommended method of distributing those moneys to the counties.
The committee shall send a copy of its recommendation to the
supreme court. Upon receipt of the committee's recommendation, the
supreme court shall distribute to the counties, based upon that
recommendation, the moneys that have been so appropriated
specifically for the purpose of providing state financial
assistance to counties under this division and that then are
available for that purpose.
Sec. 5322.01. As used in sections 5322.01 to 5322.05 of the
Revised Code:
(A) "Self-service storage facility" means any real property
that is designed and used only for the purpose of renting or
leasing individual storage space in the facility under the
following conditions:
(1) The occupants have access to the storage space only for
the purpose of storing and removing personal property;.
(2) The owner does not issue a warehouse receipt, bill of
lading, or other document of title, as defined in section 1301.201
of the Revised Code, for the personal property stored in the
storage space;
(3) The property has fifty or more individual storage spaces.
"Self-service storage facility" does not include any garage
used principally for parking motor vehicles, any garage or storage
area in a private residence, an establishment licensed pursuant to
sections 915.14 to 915.24 of the Revised Code, or any property of
a bank or savings and loan association that contains vaults, safe
deposit boxes, or other receptacles for the uses, purposes, and
benefits of the bank's or savings and loan association's
customers.
(B) "Owner" means a person that is either the owner of a
self-service storage facility or the lessor of an entire
self-service storage facility and that receives rent from an
occupant pursuant to a rental agreement that the person enters
into with the occupant.
(C) "Occupant" means a person that rents storage space at a
self-service storage facility pursuant to a rental agreement that
the person enters into with the owner.
(D) "Rental agreement" means any written agreement that is
entered into by the owner and the occupant and that establishes
the terms and conditions of the occupant's use of storage space at
a self-service storage facility.
(E) "Personal property" means money and every animate or
inanimate tangible thing that is the subject of ownership, except
anything forming part of a parcel of real estate, as defined in
section 5701.02 of the Revised Code, and except anything that is
an agricultural commodity, as defined in division (A) of section
926.01 of the Revised Code.
(F) "Late fee" means any fee or charge assessed for an
occupant's failure to pay rent when due. "Late fee" does not
include interest on a debt, reasonable expenses incurred in the
collection of unpaid rent, or costs associated with the
enforcement of any other remedy provided by statute or contract.
(G) "Electronic mail" means an electronic message, or an
executable program or computer file that contains an image of a
message, that is transmitted between two or more computers or
electronic terminals. "Electronic mail" includes electronic
messages that are transmitted within or between computer networks
from which a confirmation of receipt is received.
(H) "Last known address" means either of the following:
(1) The mailing address or the electronic mail address
provided by the occupant in the most recent rental agreement or
the mailing address or the electronic mail address provided by the
occupant in a subsequent written notice of a change of address;
(2) The mailing address or the electronic mail address of any
of the persons described in division (A) of section 5322.03 of the
Revised Code that is provided by any of those persons to the owner
of a self-service storage facility or that is discovered by the
owner of a self-service storage facility.
Sec. 5322.02. (A) The owner of a self-service storage
facility has a lien against the occupant on the personal property
stored pursuant to a rental agreement in any storage space at the
self-service storage facility, or on the proceeds of the personal
property subject to the defaulting occupant's rental agreement in
the owner's possession, for rent, labor, or other charges in
relation to the personal property that are specified in the rental
agreement and that have become due and for expenses necessary for
the preservation of the personal property or expenses reasonably
incurred in the sale or other disposition of the personal property
pursuant to law. If the rental agreement contains a limit on the
value of property stored in an occupant's storage space, that
limit shall be presumed to be the maximum value of the property
stored in that space for the purposes of such a lien. The owner's
lien provided for in this section is also effective against the
following persons:
(1) A person who has an unfiled security interest in the
personal property, except that the owner's lien is not effective
against a person who has a valid security interest in a motor
vehicle or a valid security interest in a watercraft, whether or
not the security interest in the motor vehicle or watercraft is
filed;
(2) A person who meets both of the following requirements:
(a) Who The person has a legal interest in the personal
property, a filed security interest in the personal property, or a
valid security interest in the personal property that is a motor
vehicle; and.
(b) Who The person consents in writing to the storage of the
personal property.
(B) The owner's lien created by division (A) of this section
attaches as of the date the personal property is brought to the
self-service storage facility. An owner loses his the owner's lien
on any personal property that he the owner voluntarily permits to
be removed from the self-service storage facility or unjustifiably
refuses to permit to be removed from the self-service storage
facility.
Sec. 5322.03. An owner's lien created by division (A) of
section 5322.02 of the Revised Code for a claim that has become
due may be enforced only as follows:
(A) All The following persons whom the owner has actual
knowledge claim an interest in the personal property, and all
persons who have filed security agreements in the name of the
occupant evidencing a security interest in the personal property
with either the secretary of state or the county recorder of the
county in which the facility is located or the Ohio county of the
last known address of the occupant, shall be notified in
accordance with
divisons divisions (B) and (C) of this section;:
(1) All persons whom the owner has actual knowledge of and
who claim an interest in the personal property;
(2) All persons holding liens on any motor vehicle or
watercraft amongst the property;
(3) All persons who have filed security agreements in the
name of the occupant evidencing a security interest in the
personal property with either the secretary of state or the county
recorder of the county in which the self-service storage facility
is located or the Ohio county of the last known address of the
occupant.
(B) The notice shall be delivered in person or, sent by
certified mail, or sent by first-class mail with a certificate of
mailing, and shall also be sent by electronic mail, to the last
known address and electronic mail address of each person who is
required to be notified by division (A) of this section;
(C) The notice shall include all of the following:
(1) The name and last known address of the occupant who
rented the storage space in which the personal property was
stored;
(2) An itemized statement of the owner's claim showing the
sum due at the time of the notice and the date when the sum became
due;
(3) A brief and general description of the personal property
subject to the lien. The description shall be reasonably adequate
to permit the person notified to identify it except that any
container including, but not limited to, a trunk, valise, or box
that is locked, fastened, sealed, or tied in a manner that deters
immediate access to its contents and that has not been opened by
the owner prior to the date on which the notice is given may be
described as such without describing its contents.
(4) A notice of denial of access to the personal property, if
a denial of access is permitted under the terms of the rental
agreement, which notice provides the name, street address, and
telephone number of the person whom the person notified may
contact to pay the claim and to either obtain the personal
property or enter into a rental agreement for the storage of the
personal property;
(5) A demand for payment within a specified time not less
than ten days after delivery of the notice;
(6) A conspicuous statement that unless the claim is paid
within that time the personal property will be advertised for sale
and will be sold by auction at a specified time and place and
that, if no person purchases the personal property at the auction,
the personal property may be sold at a private sale or destroyed;
(7) The address of the place at which the sale will be held,
if the sale will be held at a place other than the self-service
storage facility in which the personal property was stored.
(D) Any notice given pursuant to this section shall be
presumed delivered, if the notice is sent by first-class mail with
a certificate of mailing, when it is deposited with the United
States postal service and properly addressed with proper postage
prepaid.
(E) The sale of the personal property shall conform to the
terms of the notice as provided for in this section;.
(E)(F) The sale of the personal property shall be held at the
self-service storage facility or, if the address of the place was
included in the notice as required by division (C)(7) of this
section, at the nearest suitable place to the self-service storage
facility at which the personal property is stored;.
(F)(G) After the expiration of the time given in the notice,
an advertisement of the sale shall be published once a week for
two consecutive weeks in a newspaper of general circulation in the
county in which the self-service storage facility is located or
any other commercially reasonable manner. The manner of
advertisement shall be deemed commercially reasonable if at least
three independent bidders attend the sale at the time and place
advertised. The advertisement shall include all of the following:
(1) A brief and general description of the personal property
as required by division (C)(3) of this section, except that the
description shall describe the contents of any trunk, valise, or
box that is locked, fastened, sealed, or tied in a manner that
deters immediate access to its contents, if the trunk, valise, or
box is opened by the owner prior to the date on which the
advertisement of sale is published;
(2) The name and last known address of the occupant who
rented the storage space in which the personal property was
stored;
(3) The address of the self-service storage facility;
(4) The time, place, and manner of the sale.
The sale shall take place at least fifteen days after the
first publication. If there is no newspaper of general circulation
in the county in which the self-service storage facility is
located, the advertisement shall be posted at least ten days
before the date of the sale in not less than six conspicuous
places in the neighborhood where the self-service storage facility
is located.
(G)(H)(1) Before any sale of personal property pursuant to
this section, any Any person who has a legal interest or a
security interest in the personal property, or who holds a lien
against, a motor vehicle or watercraft may pay the amount
necessary to satisfy the lien created by division (A) of section
5322.02 of the Revised Code and the reasonable expenses incurred
under this section. Any That person except the occupant may, upon
payment of the amount necessary to satisfy the lien plus expenses,
may enter into a new rental agreement for the storage of the
personal property or, if he the motor vehicle or watercraft. Any
person who presents proof of a legal security interest in the
personal property or of a right to take possession of the personal
property
or lien on a motor vehicle or watercraft or a court
order authorizing him the person to take possession of the
personal property, shall a motor vehicle or watercraft may
immediately remove the personal property motor vehicle or
watercraft from the self-service storage facility
without
satisfying the lien or expenses of the owner.
(2) Before any sale of personal property other than a motor
vehicle or watercraft pursuant to this section, any person who has
a legal interest or a security interest in, or who holds a lien
against, any personal property other than a motor vehicle or
watercraft may pay the amount necessary to satisfy the lien
created by division (A) of section 5322.02 of the Revised Code and
the reasonable expenses incurred under this section and remove the
personal property in which the person has the interest or against
which the person holds the lien. After removal of all the personal
property, including any motor vehicle or watercraft, from the
storage space of the self-service storage facility by any means
under this section, any person can enter into a rental agreement
for the storage of personal property with the owner, and the owner
has no obligation to the prior occupant of that storage space in
the self-service storage facility. Before entering into a new
rental agreement, the owner must have any motor vehicle or
watercraft towed from that storage space.
(3) Upon receipt of the payment from a person other than the
occupant, the owner shall enter into a new rental agreement for
the storage of the personal property or, if the person meets the
conditions set forth in division (G)(1)(H)(2) of this section,
shall permit the person to remove the personal property from the
self-service storage facility.
(3)(4) If the occupant pays the amount necessary to satisfy
the lien created by division (A) of section 5322.02 of the Revised
Code and the reasonable expenses incurred under this section,
he
the occupant shall immediately remove all of his
the occupant's
personal property from the self-service storage facility, unless
the owner of the self-service storage facility agrees to enter
into a new rental agreement for the storage of the property.
(H)(I)(1) If property on which there is a lien under division
(A) of section 5322.02 of the Revised Code is not sold at auction,
but is claimed under division (H) of this section and the owner's
lien is satisfied, then all legal or security interest in, or any
other liens held against, the property shall remain intact.
(2) A purchaser at auction in good faith, except an owner or
his an owner's agent, of the personal property sold to satisfy an
owner's lien created by division (A) of section 5322.02 of the
Revised Code takes the property free and clear of any rights of
persons against whom the lien was valid, or any persons who had an
interest in, or who held, any other lien against the property,
despite noncompliance by the owner with the requirements of this
section;.
(I)(J) The owner may examine any personal property to be sold
pursuant to this section. The examination may include, but is not
limited to, the opening of any trunk, valise, box, or other
container that is locked, fastened, sealed, tied, or otherwise
closed in a manner that deters immediate access to its contents.
(J)(K)(1) If the property upon which the lien created under
division (A) of this section is claimed is a motor vehicle or a
watercraft, the owner shall have the motor vehicle or watercraft
towed from the premises if any of the following circumstances
applies:
(a) The notice was delivered or sent pursuant to division (B)
of this section to all persons holding a lien on the motor vehicle
or watercraft, and thirty days have elapsed since the notice was
delivered or sent without a response from any of those persons.
(b) Rent and other charges related to the property remain
unpaid or unsatisfied by the occupant for sixty days, and no lien
holders have been identified.
(c) The owner is planning to hold a sale at auction of the
personal property that was stored in the self-service storage unit
with that motor vehicle or watercraft, in which case the motor
vehicle or watercraft shall be towed prior to the auction.
(2) The owner shall not be liable for the motor vehicle or
watercraft or any damages to the motor vehicle or watercraft once
the tower takes possession of the property. The notice delivered
or sent pursuant to division (B) of this section to all persons
holding a lien on the motor vehicle or watercraft shall include
the name of the towing company. The name and the address of the
towing company shall also be made available to the occupant or any
lien holder upon the presentation of a document of title or
another document that confirms an interest in the motor vehicle or
watercraft.
(L) The owner may satisfy his the owner's lien from the
proceeds of any sale held pursuant to this section, but shall mail
the balance, if any, by certified mail to the occupant at his the
occupant's last known address. If the balance is returned to the
owner after the owner mailed the balance by certified mail to the
occupant or if the address of the occupant is not known, the owner
shall hold the balance for two years after the date of the sale
for delivery on demand to the occupant or to any other person who
would have been entitled to possession of the personal property.
After the expiration of the two-year period, the balance shall
become unclaimed funds, as defined in division (B) of section
169.01 of the Revised Code, and shall be disposed of pursuant to
Chapter 169. of the Revised Code.
(K)(M) An owner may buy at any public sale held pursuant to
this section.
(L)(N) The rights provided by this section shall be in
addition to all other rights allowed by law to a creditor against
his a debtor.
(M)(O)(1) If the owner complies with the requirements for
sale under this section, the owner's liability to persons who have
an interest in the personal property sold is limited to the
balance of the proceeds of the sale after the owner has satisfied
his the owner's lien.
(2) The owner is liable for damages caused by the failure to
comply with the requirements for sale under this section and is
liable for conversion for willful violation of the requirements
for sale under this section.
(N)(P) If no person purchases the personal property at the
auction and if the owner has complied with this section, the owner
may do any of the following:
(1) Advertise and sell the personal property pursuant to
divisions (E)(F) to (M)(O) of this section;
(2) Sell the personal property at a private sale;
(3) Dispose of the personal property in any manner considered
appropriate by the owner including, but not limited to, destroying
the personal property.
Sec. 5809.031. (A) Notwithstanding any other provision of the
Ohio Uniform Prudent Investor Act, unless otherwise provided by
the terms of the trust, the duties of a trustee with respect to
the acquisition, retention, or ownership of a life insurance
policy as a trust asset do not include any of the following
duties:
(1) To determine whether the policy is or remains a proper
investment;
(2) To diversify the investment in the policy relative to any
other life insurance policies or to any other trust assets;
(3) To exercise or not to exercise any option, right, or
privilege available under the policy, including the payment of
premiums, unless there is sufficient cash or there are other
readily marketable trust assets from which to pay the premiums or
there are other trust assets that were designated by the settlor
or any other person transferring those assets to the trust to be
used for that purpose, regardless of whether that exercise or
nonexercise results in the lapse or termination of the policy;
(4) To investigate the financial strength or changes in the
financial strength of the life insurance company maintaining the
policy;
(5) To inquire about changes in the health or financial
condition of the insured or insureds under the policy.
(B) The trustee, the attorney who drafted a trust, or any
person who was consulted with regard to the creation of a trust,
in the absence of fraud, is not liable to the beneficiaries of the
trust or to any other person for any loss arising from the absence
of the duties specified in divisions (A)(1) to (5) of this
section.
(C) Unless otherwise provided by the terms of the trust, this
section applies to a trust established before, on, or after the
effective date of this section March 22, 2012, and to a life
insurance policy acquired, retained, or owned by a trustee before,
on, or after the effective date of this section March 22, 2012.
Section 2. That existing sections 181.25, 1337.28, 1705.081,
2111.121, 2151.85, 2947.23, 2949.091, 2953.08, 5322.01, 5322.02,
5322.03, and 5809.031 of the Revised Code are hereby repealed.
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