To amend sections 901.51, 901.99, 1503.29, 1503.99, 2913.02, and 2913.61; to amend, for the purpose of adopting a new section number as indicated in parentheses, section 901.51 (1503.28); and to enact sections 1503.311, 1503.312, 1503.313, 1503.314, 1503.315, 1503.316, 1503.317, and 1503.318 of the Revised Code to establish requirements governing contracts for the harvesting of timber and enforcement procedures regarding and penalties for the theft of timber.

Section 1.  That sections 901.51, 901.99, 1503.29, 1503.99, 2913.02, and 2913.61 be amended, section 901.51 (1503.28) be amended for the purpose of adopting a new section number as indicated in parentheses, and sections 1503.311, 1503.312, 1503.313, 1503.314, 1503.315, 1503.316, 1503.317, and 1503.318 of the Revised Code be enacted to read as follows:

Sec. 901.99.  (A) Whoever violates section 901.51 of the Revised Code is guilty of a misdemeanor of the fourth degree.

(B) Whoever violates section 901.75 or division (C) of section 901.73 of the Revised Code is guilty of a misdemeanor of the first degree.

(C)(B) Whoever violates division (A) of section 901.76 of the Revised Code is guilty of a felony of the fifth degree on a first offense and of a felony of the fourth degree on each subsequent offense.

(D)(C) Whoever violates division (B) of section 901.76 of the Revised Code is guilty of a felony of the fourth degree.

(E)(D) Whoever violates division (B) of section 901.511 of the Revised Code is guilty on a first offense of a misdemeanor or a felony that is one degree higher than the penalty for the most serious underlying specified offense that is involved in the violation. However, if on such an initial violation the penalty for the most serious underlying specified offense is a felony of the first degree, the violator is guilty of a felony of the first degree.

On each subsequent violation of division (B) of that section, the violator is guilty of a misdemeanor or a felony that is two degrees higher than the penalty for the most serious underlying specified offense that is involved in the subsequent violation. However, if on such a subsequent violation the penalty for the most serious underlying specified offense is a felony of the first or second degree, the violator is guilty of a felony of the first degree.

As used in this division, "specified offense" has the same meaning as in section 901.511 of the Revised Code, and "most serious underlying specified offense" refers to the underlying specified offense that carries the highest maximum penalty.

(F)(E) Whoever violates division (C) of section 901.511 of the Revised Code is guilty of a felony of the third degree.

Sec. 901.51 1503.28.  (A) No person, without privilege to do so, shall recklessly cut down, destroy, girdle, or otherwise injure a vine, bush, shrub, sapling, tree, or crop standing or growing on the land of another or upon public land.

In addition to the penalty provided in section 901.99 of the Revised Code, whoever (B) Whoever violates this section is liable in treble damages for the injury caused. Damages may include reasonable costs of reforestation activities related to the injury sustained by the plaintiff, reasonable costs of remediating incidental damages to the plaintiff's property, and costs of litigation, including, but not limited to, investigation costs and attorney fees. If the injury involves damage to timber, the value of the timber shall be determined as provided in division (D) of section 2913.61 of the Revised Code.

Sec. 1503.29.  (A) As used in this section, "felony" has the same meaning as in section 109.511 of the Revised Code.

(B)(1) Subject to division (D) of this section, any person employed by the chief of the division of forestry for administrative service in a state forest may be designated by the chief and known as a forest officer. A forest officer, on any lands or waters owned, controlled, maintained, or administered by the department of natural resources and on highways, as defined in section 4511.01 of the Revised Code, adjacent to lands and waters owned, controlled, maintained, or administered by the division of forestry, has the authority specified under section 2935.03 of the Revised Code for peace officers of the department of natural resources to keep the peace, to enforce all laws and rules governing those lands and waters, and to make arrests for violation of those laws and rules, provided that the authority shall be exercised on lands or waters administered by another division of the department only pursuant to an agreement with the chief of that division or to a request for assistance by an enforcement officer of that division in an emergency.

(2) A forest officer, in or along any watercourse within, abutting, or upstream from the boundary of any area administered by the department, has the authority to enforce section 3767.32 of the Revised Code and other laws prohibiting the dumping of refuse into or along waters and to make arrests for violation of those laws. The jurisdiction of forest officers shall be concurrent with that of the peace officers of the county, township, or municipal corporation in which the violation occurs.

(3) A forest officer may enter upon private and public lands to investigate an alleged violation of, and may enforce, this chapter and; sections 2909.02, 2909.03, and 2909.06 of the Revised Code when the alleged violation or other act pertains to forest fires; and section 2913.02 of the Revised Code when the alleged violation pertains to timber theft.

(C)(1) A forest officer may render assistance to a state or local law enforcement officer at the request of that officer or may render assistance to a state or local law enforcement officer in the event of an emergency. Forest officers serving outside the division of forestry under this section or serving under the terms of a mutual aid compact authorized under section 1501.02 of the Revised Code shall be considered as performing services within their regular employment for the purposes of compensation, pension or indemnity fund rights, workers' compensation, and other rights or benefits to which they may be entitled as incidents of their regular employment.

(2) Forest officers serving outside the division of forestry under this section or under a mutual aid compact retain personal immunity from civil liability as specified in section 9.86 of the Revised Code and shall not be considered an employee of a political subdivision for purposes of Chapter 2744. of the Revised Code. A political subdivision that uses forest officers under this section or under the terms of a mutual aid compact authorized under section 1501.02 of the Revised Code is not subject to civil liability under Chapter 2744. of the Revised Code as the result of any action or omission of any forest officer acting under this section or under a mutual aid compact.

(D)(1) The chief of the division of forestry shall not designate a person as a forest officer pursuant to division (B)(1) of this section on a permanent basis, on a temporary basis, for a probationary term, or on other than a permanent basis if the person previously has been convicted of or has pleaded guilty to a felony.

(2)(a) The chief of the division of forestry shall terminate the employment as a forest officer of a person designated as a forest officer under division (B)(1) of this section if that person does either of the following:

(i) Pleads guilty to a felony;

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated plea agreement as provided in division (D) of section 2929.43 of the Revised Code in which the forest officer agrees to surrender the certificate awarded to the forest officer under section 109.77 of the Revised Code.

(b) The chief shall suspend from employment as a forest officer a person designated as a forest officer under division (B)(1) of this section if that person is convicted, after trial, of a felony. If the forest officer files an appeal from that conviction and the conviction is upheld by the highest court to which the appeal is taken or if the forest officer does not file a timely appeal, the chief shall terminate the employment of that forest officer. If the forest officer files an appeal that results in that forest officer's acquittal of the felony or conviction of a misdemeanor, or in the dismissal of the felony charge against the forest officer, the chief shall reinstate that forest officer. A forest officer who is reinstated under division (D)(2)(b) of this section shall not receive any back pay unless that forest officer's conviction of the felony was reversed on appeal, or the felony charge was dismissed, because the court found insufficient evidence to convict the forest officer of the felony.

(3) Division (D) of this section does not apply regarding an offense that was committed prior to January 1, 1997.

(4) The suspension from employment, or the termination of the employment, of a forest officer under division (D)(2) of this section shall be in accordance with Chapter 119. of the Revised Code.

Sec. 1503.311.  As used in sections 1503.29 and 1503.311 to 1503.318 of the Revised Code:

(A) "Agent" means an individual who represents a timber buyer in effecting or attempting to effect the purchase of timber.

(B) "Landowner" means a person who owns the property where timber is to be harvested.

(C) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code.

(D) "Timber" means trees, standing or felled, and logs that can be used for sawing or processing into lumber for building or structural purposes or for the manufacture of any article.

(E) "Timber buyer" means a person engaged in the business of buying timber from timber growers for sawing into lumber, processing, or resale, but does not include a person who occasionally purchases timber for sawing or processing for the person's own use and not for resale.

(F) "Timber grower" means the owner, tenant, or manager of land in this state who has an interest in, or is entitled to receive any part of the proceeds from, the sale of timber grown on that land and includes a person exercising lawful authority to sell timber for such an owner, tenant, or manager.

Sec. 1503.312.  (A) The chief of the division of forestry may appoint one or more forest officers to be timber theft foresters whose jurisdiction extends over territory that the chief determines, subject to the approval of the director of natural resources. A timber theft forester shall serve in that position for one year from the date of appointment or until the forester's successor is appointed. The chief may remove a timber theft forester from that position at any time.

(B) The chief shall do all of the following:

(1) Supervise timber theft foresters appointed under this section;

(2) Instruct timber theft foresters in their duties;

(3) Establish policies and procedures governing timber theft investigations;

(4) Establish the qualifications and training that are required in order for a forest officer to be appointed a timber theft forester.

(C) Timber theft foresters are responsible for investigating alleged timber thefts on private and public lands in this state as assigned by the chief.

(D) A timber theft forester is not personally liable for any required or authorized act while acting within the scope of the forester's duties as a forester.

(E) The chief shall establish within the division an office of state forestry criminal investigation consisting of forest officers assigned to it by the chief. The office is responsible for conducting investigations in accordance with section 1503.317 of the Revised Code and conducting any other duties specified in that section. The chief shall ensure that forest officers assigned to the office receive training that the chief determines to be appropriate.

(F) The chief, by rules adopted in accordance with Chapter 119. of the Revised Code, may require a timber buyer to be registered with or licensed by the division and to file with the division a surety bond or another form of security authorized by the division in an amount that the division designates.

(G) The chief, by rules adopted in accordance with Chapter 119. of the Revised Code, may establish best management practices for the harvesting of timber on public and private lands.

Sec. 1503.313.  Prior to the purchase or harvesting of timber by a timber buyer, a landowner or timber grower, if different from the landowner, and a timber buyer shall enter into a written contract that includes all of the following:

(A) The name or names of the owner of the property where timber is to be harvested if the owner is not the timber grower;

(B) A document showing the boundaries of each tract of land from which timber is to be harvested. If the area on the tract from which timber is to be harvested is less than the entire tract, the document shall indicate the more limited area. The document shall be a copy of one of the following in the following order of preference:

(1) A property survey conducted by a registered surveyor filed with the applicable county auditor or county engineer;

(2) A property survey conducted by a registered surveyor accurately depicting the tract that has not been filed with the applicable county auditor or county engineer;

(3) A plat map that accurately displays the boundary of the area of the land where timber is authorized to be harvested as well as the property boundary of the landowner's or timber grower's property;

(4) An aerial photograph that accurately displays the boundary of the area of the land where timber is authorized to be harvested as well as the property boundary of the landowner's or timber grower's property;

(5) A topographical map that accurately displays the boundary of the area of the land where timber is authorized to be harvested as well as the property boundary of the landowner's or timber grower's property.

The contract shall require the landowner or, if applicable, the timber grower to obtain a copy of the deed to the property for purposes of providing evidence of the property boundary and the right of the landowner or timber grower to enter into the contract.

(C) A provision requiring that the boundary of the area of the land where timber is authorized to be harvested under the contract be physically marked by the landowner or timber grower or by arrangement of the landowner or timber grower;

(D) A provision requiring the landowner or timber grower to certify that the territorial boundary of the area of land where timber is authorized to be harvested that is identified in the contract does not encroach on property that is not owned by the landowner or timber grower and does not include timber that the landowner or timber grower is not authorized to sell;

(E) A description of the timber that includes the type, description, category, dimensions, and number of trees to be harvested;

(F) The price or method of determining the price of the timber and the payment terms;

(G) The dates when the timber will be harvested, which shall commence not sooner than one week after the signing of the contract unless the timber is being harvested as a result of storm damage resulting in an emergency;

(H) A provision stating that the timber buyer is responsible for acts and omissions related to the harvesting of timber by an agent, employee, or subcontractor of the timber buyer;

(I) A provision stating that the landowner or timber grower, if different from the landowner, may provide written notice to each adjacent landowner in accordance with section 1503.314 of the Revised Code.

Sec. 1503.314.  (A) A landowner or timber grower, if different from the landowner, that enters into a contract under section 1503.313 of the Revised Code with a timber buyer to harvest timber on the landowner's or timber grower's property may, but shall not be required to, provide written notice to each adjacent landowner indicating that the landowner or timber grower, if different from the landowner, has entered into a contract to have timber harvested. The landowner or timber grower shall provide the notice prior to the commencement of the timber harvest authorized under the contract. If notice is provided, it shall be provided by certified mail return receipt requested and sent to each adjacent landowner at the address indicated on the tax duplicate for that parcel, shall inform each adjacent landowner of the existence of the contract, and shall include a description of the territorial boundary of the area of land on the property where timber is proposed to be harvested.

(B) If a landowner or timber grower provides notice under division (A) of this section and the identification of the boundaries as required by section 1503.313 of the Revised Code is accurate and correct, both of the following apply:

(1) The landowner and timber grower, if different from the landowner, are not liable in any civil action by an adjacent landowner related to the removal of timber from the adjacent landowner's land by the timber buyer who is harvesting timber from the landowner's or timber grower's land pursuant to a contract entered into under that section. The provision of the notice is an affirmative defense to such a civil action.

(2) The landowner or timber grower, if different from the landowner, shall not be required to enter into negotiations or arbitration for compensation of a landowner on whose land timber was improperly harvested.

Sec. 1503.315.  (A) A timber buyer and any agent of the timber buyer shall do all of the following:

(1) Employ best management practices for all work that is related to the harvesting of timber under the contract, including minimizing damage to land and the environment, if the chief of the division of forestry establishes best management practices in rules adopted under division (G) of section 1503.312 of the Revised Code, or, if such rules are not adopted, employ best efforts to minimize damage to land and the environment;

(2) Maintain records of the work that is related to the timber harvest for a period of six years subsequent to the termination of the work. The timber buyer or agent shall make all such records available for inspection by a forest officer designated under section 1503.29 of the Revised Code or another law enforcement officer for the purpose of assisting in any investigations regarding alleged thefts of timber. The records shall include all of the following:

(a) A copy of the contract signed by the landowner or timber grower, if different from the landowner, and the timber buyer;

(b) A copy of any and all correspondence, including electronic mail, memoranda, letters, and notes between the landowner or timber grower, if different from the landowner, and the timber buyer;

(c) A copy of all receipts or records of transactions between the landowner and timber grower, if different from the landowner, and the timber buyer;

(d) Documentation of each load of logs removed from the property that includes the description and dimension of each log, the total number of logs, and the recipient of the load. A copy of the documentation shall be provided to the landowner or timber grower, if different from the landowner, and the recipient of the logs.

(3) Prior to the commencement of timber harvesting activities, post a sign prominently and in a conspicuous location on the property where timber harvesting will take place. The sign shall include the name of the timber buyer, the contact information for the timber buyer, and the estimated date on which timber harvesting will begin.

(4) Prior to the commencement of timber harvesting activities, obtain GPS coordinates of relevant property corners, monuments, and boundaries if the area from which timber will be harvested is less than one hundred feet from the property boundary, and use the coordinates to determine property lines and the perimeter of the harvest area unless the landowner or timber grower, if different from the landowner, and the adjacent landowners give written consent to proceed without GPS coordinates.

(B) No person shall do any of the following:

(1) Harvest timber without a written contract that contains all of the provisions required in section 1503.313 of the Revised Code;

(2) Knowingly make a false statement in such a written contract;

(3) Recklessly fail to comply with the requirements established in division (A) of this section as applicable.

Sec. 1503.316. No person, without privilege to do so, shall recklessly take or harvest timber of another without the express or implied consent of the landowner or timber grower, if different from the landowner, or outside the boundaries specified in a written contract entered into under section 1503.313 of the Revised Code.

Sec. 1503.317. (A) As used in this section, "law enforcement agency" means an organization or unit comprised of law enforcement officers as defined in section 2901.01 of the Revised Code.

(B) A law enforcement agency may request the office of state forestry criminal investigation to assist in the investigation of alleged instances of timber theft and other violations of this chapter.

(C) If a landowner or timber grower, if different from the landowner, suspects that the landowner's or timber grower's, if different from the landowner, timber has been illegally harvested or that any other violation of this chapter has occurred and notifies the office of state forestry criminal investigation, the office shall refer the suspected violation to the prosecuting attorney of the applicable county. The referral shall be accompanied by a notice that the office, upon request, will assist in the investigation of the suspected violation.

Sec. 1503.318. (A) The prosecuting attorney of the applicable county may request the attorney general to prosecute a person for a violation of division (B) of section 1503.315 or section 1503.316 of the Revised Code. If the prosecuting attorney does not request the attorney general to prosecute the alleged violation and does not initiate prosecution within twenty-one days after receiving notice of the alleged violation, the chief of the division of forestry may request the attorney general to prosecute the alleged violation.

(B) The attorney general, at the request of the prosecuting attorney of the applicable county or the chief, or the prosecuting attorney may bring an action enjoining a timber buyer or any entity that the timber buyer owns from buying timber in this state if the timber buyer violates division (B) of section 1503.315 or section 1503.316 of the Revised Code on a second or subsequent occurrence.

Sec. 1503.99.  (A) Whoever violates section 1503.01 or 1503.12 of the Revised Code is guilty of a minor misdemeanor.

(B) Whoever violates section 1503.18 or 1503.43 of the Revised Code is guilty of a misdemeanor of the third degree.

(C) Whoever violates division (B) of section 1503.315 of the Revised Code is guilty of a misdemeanor of the fourth degree on a first offense and a misdemeanor of the first degree on each subsequent offense.

(D) Whoever violates section 1503.316 of the Revised Code is guilty of one of the following based on the value of the property involved in the violation and the number of violations of that division:

(E) In addition to the penalties described in division (D) of this section, if a court orders restitution under section 2929.18 or 2929.28 of the Revised Code for a violation of section 1503.316 of the Revised Code, economic loss includes any incidental damage to the victim's property. Restitution may include reasonable costs of reforestation activities related to the injury sustained by the victim and reasonable costs of remediating incidental damage to the victim's property. The value of timber shall be determined as provided in division (D) of section 2913.61 of the Revised Code.

(F) The amendments to this section by ....B. ... of the 130th general assembly do not preclude prosecution for a violation of any other section of the Revised Code. One or more acts, or series of acts, or a course of behavior that can be prosecuted under this section or another section of the Revised Code may be prosecuted under this section, the other section, or both sections.

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;

(3) By deception;

(4) By threat;

(5) By intimidation.

(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), (8), or (9) 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 one thousand dollars or more and is less than seven thousand five hundred 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 seven thousand five hundred dollars or more and is less than one hundred fifty 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 fifty thousand dollars or more and is less than seven hundred fifty 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 seven hundred fifty thousand dollars or more and is less than one million five hundred thousand 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 five hundred thousand dollars or more, a violation of this section is aggravated theft of one million five hundred thousand dollars or more, a felony of the first degree.

(3) Except as otherwise provided in division (B)(4), (5), (6), (7), (8), or (9) 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 one thousand dollars or more and is less than seven thousand five hundred 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 seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred 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 thirty-seven thousand five hundred dollars or more and is less than one hundred fifty 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 fifty 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) Except as provided in division (B)(2) of this section with respect to property with a value of seven thousand five hundred dollars or more and division (B)(3) of this section with respect to property with a value of one thousand dollars or more, if the property stolen is a special purpose article as defined in section 4737.04 of the Revised Code or is a bulk merchandise container as defined in section 4737.012 of the Revised Code, a violation of this section is theft of a special purpose article or articles or theft of a bulk merchandise container or containers, a felony of the fifth degree.

(10) 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)(10)(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)(10)(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.

(c) The court, in lieu of suspending the offender's driver's or commercial driver's license, probationary driver's license, temporary instruction permit, or nonresident operating privilege pursuant to division (B)(10)(a) or (b) of this section, instead may require the offender to perform community service for a number of hours determined by the court.

(11) 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.

(12) In addition to the penalties described in division (B)(2) of this section, if a court orders restitution under section 2929.18 or 2929.28 of the Revised Code and the property stolen is timber that has been illegally harvested, economic loss includes any incidental damage to the victim's property. Restitution may include reasonable costs of reforestation activities related to the injury sustained by the victim and reasonable costs of remediating incidental damage to the victim's property. The value of timber shall be determined as provided in division (D) of section 2913.61 of the Revised Code.

(C) The sentencing court that suspends an offender's license, permit, or nonresident operating privilege under division (B)(10) 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. 2913.61.  (A) When a person is charged with a theft offense, or with a violation of division (A)(1) of section 1716.14 of the Revised Code involving a victim who is an elderly person or disabled adult that involves property or services valued at one thousand dollars or more, property or services valued at one thousand dollars or more and less than seven thousand five hundred dollars, property or services valued at one thousand five hundred dollars or more and less than seven thousand five hundred dollars, property or services valued at seven thousand five hundred dollars or more and less than thirty-seven thousand five hundred dollars, property or services valued at seven thousand five hundred dollars or more and less than one hundred fifty thousand dollars, property or services valued at thirty-seven thousand five hundred dollars or more and less than one hundred fifty thousand dollars, property or services valued at thirty-seven thousand five hundred dollars or more, property or services valued at one hundred fifty thousand dollars or more, property or services valued at one hundred fifty thousand dollars or more and less than seven hundred fifty thousand dollars, property or services valued at seven hundred fifty thousand dollars or more and less than one million five hundred thousand dollars, or property or services valued at one million five hundred thousand dollars or more, the jury or court trying the accused shall determine the value of the property or services as of the time of the offense and, if a guilty verdict is returned, shall return the finding of value as part of the verdict. In any case in which the jury or court determines that the value of the property or services at the time of the offense was one thousand dollars or more, it is unnecessary to find and return the exact value, and it is sufficient if the finding and return is to the effect that the value of the property or services involved was one thousand dollars or more and less than seven thousand five hundred dollars, was one thousand dollars or more and less than seven thousand five hundred dollars, was seven thousand five hundred dollars or more and less than thirty-seven thousand five hundred dollars, was seven thousand five hundred dollars or more and less than thirty-seven thousand five hundred dollars, was seven thousand five hundred dollars or more and less than one hundred fifty thousand dollars, was thirty-seven thousand five hundred dollars or more and less than one hundred fifty thousand dollars, was thirty-seven thousand five hundred dollars or more and less than one hundred fifty thousand dollars, was one hundred fifty thousand dollars or more, was one hundred fifty thousand dollars or more and less than seven hundred fifty thousand dollars, was seven hundred fifty thousand dollars or more and less than one million five hundred thousand dollars, or was one million five hundred thousand dollars or more, whichever is relevant regarding the offense.

(B) If more than one item of property or services is involved in a theft offense or in a violation of division (A)(1) of section 1716.14 of the Revised Code involving a victim who is an elderly person or disabled adult, the value of the property or services involved for the purpose of determining the value as required by division (A) of this section is the aggregate value of all property or services involved in the offense.

(C)(1) When a series of offenses under section 2913.02 of the Revised Code, or a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of division (A)(1) of section 1716.14, section 2913.02, 2913.03, or 2913.04, division (B)(1) or (2) of section 2913.21, or section 2913.31 or 2913.43 of the Revised Code involving a victim who is an elderly person or disabled adult, is committed by the offender in the offender's same employment, capacity, or relationship to another, all of those offenses shall be tried as a single offense. The value of the property or services involved in the series of offenses for the purpose of determining the value as required by division (A) of this section is the aggregate value of all property and services involved in all offenses in the series.

(2) If an offender commits a series of offenses under section 2913.02 of the Revised Code that involves a common course of conduct to defraud multiple victims, all of the offenses may be tried as a single offense. If an offender is being tried for the commission of a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of division (A)(1) of section 1716.14, section 2913.02, 2913.03, or 2913.04, division (B)(1) or (2) of section 2913.21, or section 2913.31 or 2913.43 of the Revised Code, whether committed against one victim or more than one victim, involving a victim who is an elderly person or disabled adult, pursuant to a scheme or course of conduct, all of those offenses may be tried as a single offense. If the offenses are tried as a single offense, the value of the property or services involved for the purpose of determining the value as required by division (A) of this section is the aggregate value of all property and services involved in all of the offenses in the course of conduct.

(3) When a series of two or more offenses under section 2913.40, 2913.48, or 2921.41 of the Revised Code is committed by the offender in the offender's same employment, capacity, or relationship to another, all of those offenses may be tried as a single offense. If the offenses are tried as a single offense, the value of the property or services involved for the purpose of determining the value as required by division (A) of this section is the aggregate value of all property and services involved in all of the offenses in the series of two or more offenses.

(4) In prosecuting a single offense under division (C)(1), (2), or (3) of this section, it is not necessary to separately allege and prove each offense in the series. Rather, it is sufficient to allege and prove that the offender, within a given span of time, committed one or more theft offenses or violations of section 2913.40, 2913.48, or 2921.41 of the Revised Code in the offender's same employment, capacity, or relationship to another as described in division (C)(1) or (3) of this section, or committed one or more theft offenses that involve a common course of conduct to defraud multiple victims or a scheme or course of conduct as described in division (C)(2) of this section. While it is not necessary to separately allege and prove each offense in the series in order to prosecute a single offense under division (C)(1), (2), or (3) of this section, it remains necessary in prosecuting them as a single offense to prove the aggregate value of the property or services in order to meet the requisite statutory offense level sought by the prosecution.

(D) The following criteria shall be used in determining the value of property or services involved in a theft offense:

(1) The value of an heirloom, memento, collector's item, antique, museum piece, manuscript, document, record, or other thing that has intrinsic worth to its owner and that either is irreplaceable or is replaceable only on the expenditure of substantial time, effort, or money, is the amount that would compensate the owner for its loss.

(2) The value of personal effects and household goods, and of materials, supplies, equipment, and fixtures used in the profession, business, trade, occupation, or avocation of its owner, which property is not covered under division (D)(1) of this section and which retains substantial utility for its purpose regardless of its age or condition, is the cost of replacing the property with new property of like kind and quality.

(3)(a) The value of timber is the greater of either the replacement value or the fair market value of the timber that was illegally harvested.

(b) As used in this division, "replacement value" is the cost of purchasing, delivering, and planting a young tree with a caliper of not less than three inches and not more than five inches of a similar type and variety as the illegally harvested tree.

(4) The value of any real or personal property that is not covered under division (D)(1) or, (2), or (3) of this section, and the value of services, is the fair market value of the property or services. As

(5) As used in this section, "fair market value" is the money consideration that a buyer would give and a seller would accept for property or services, assuming that the buyer is willing to buy and the seller is willing to sell, that both are fully informed as to all facts material to the transaction, and that neither is under any compulsion to act.

(E) Without limitation on the evidence that may be used to establish the value of property or services involved in a theft offense:

(1) When the property involved is personal property held for sale at wholesale or retail, the price at which the property was held for sale is prima-facie evidence of its value.

(2) When the property involved is a security or commodity traded on an exchange, the closing price or, if there is no closing price, the asked price, given in the latest market quotation prior to the offense is prima-facie evidence of the value of the security or commodity.

(3) When the property involved is livestock, poultry, or raw agricultural products for which a local market price is available, the latest local market price prior to the offense is prima-facie evidence of the value of the livestock, poultry, or products.

(4) When the property involved is a negotiable instrument, the face value is prima-facie evidence of the value of the instrument.

(5) When the property involved is a warehouse receipt, bill of lading, pawn ticket, claim check, or other instrument entitling the holder or bearer to receive property, the face value or, if there is no face value, the value of the property covered by the instrument less any payment necessary to receive the property is prima-facie evidence of the value of the instrument.

(6) When the property involved is a ticket of admission, ticket for transportation, coupon, token, or other instrument entitling the holder or bearer to receive property or services, the face value or, if there is no face value, the value of the property or services that may be received by the instrument is prima-facie evidence of the value of the instrument.

(7) When the services involved are gas, electricity, water, telephone, transportation, shipping, or other services for which the rate is established by law, the duly established rate is prima-facie evidence of the value of the services.

(8) When the services involved are services for which the rate is not established by law, and the offender has been notified prior to the offense of the rate for the services, either in writing, orally, or by posting in a manner reasonably calculated to come to the attention of potential offenders, the rate contained in the notice is prima-facie evidence of the value of the services.

Section 2.  That existing sections 901.51, 901.99, 1503.29, 1503.99, 2913.02, and 2913.61 of the Revised Code are hereby repealed.