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S. B. No. 292 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend sections 9.02, 109.08, 109.081, 109.521,
109.57, 109.572, 109.578, 109.60, 109.85, 109.86,
1331.01, 1331.04, 1331.99, 1345.02, 1345.03,
1345.031, 1345.05, 1345.06, 1345.07, 1345.21,
1345.22, 1345.23, 1345.24, 1345.43, 1345.44,
2151.419, 2743.191, 2743.56, 2743.71, 2746.02,
2901.01, 2923.02, 2923.31, 2923.32, 2953.32,
2981.13, and 5302.221; to enact sections 9.28,
1331.17, and 2945.63; and to repeal section
1331.05 of the Revised Code to make various
changes to the laws governing the duties and
function of the Attorney General.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.02, 109.08, 109.081, 109.521,
109.57, 109.572, 109.578, 109.60, 109.85, 109.86, 1331.01,
1331.04, 1331.99, 1345.02, 1345.03, 1345.031, 1345.05, 1345.06,
1345.07, 1345.21, 1345.22, 1345.23, 1345.24, 1345.43, 1345.44,
2151.419, 2743.191, 2743.56, 2743.71, 2746.02, 2901.01, 2923.02,
2923.31, 2923.32, 2953.32, 2981.13, and 5302.221 be amended and
sections 9.28, 1331.17, and 2945.63 of the Revised Code be enacted
to read as follows:
Sec. 9.02. (A) As used in this section:
(1) "Customer" means any person or authorized representative
of that person who has maintained or is maintaining an account or
deposit of any type, or has utilized or is utilizing any service
of a financial institution, or for whom a financial institution
has acted or is acting as a fiduciary in relation to an account or
deposit maintained in the person's name.
(2) "Governmental authority" includes the state, any
political subdivision, district, or court, and any agency,
department, officer, or authorized employee of any of those
entities.
(3) "Financial institution" means any bank, building and loan
association, trust company, credit union, licensee as defined in
section 1321.01, or registrant as defined in section 1321.51 of
the Revised Code.
(4) "Financial record" means any record, including statements
or receipts, and checks, drafts, or similar instruments, or
information derived from such record, that is maintained by a
financial institution and that pertains to a deposit or account of
a customer, a service of the financial institution utilized by a
customer, or any other relationship between a customer and the
financial institution.
(5) "Supervisory review" means any examination of or other
supervisory action with respect to a financial institution, where
such examination or action is conducted or taken pursuant to
authority granted under the Revised Code, or rules promulgated
pursuant thereto by the agency having regulatory jurisdiction over
such institution.
(B) Any party, including a governmental authority, that
requires or requests a financial institution to assemble or
provide a customer's financial records in connection with any
investigation, action, or proceeding shall pay the financial
institution for all actual and necessary costs directly incurred
in searching for, reproducing, or transporting these records, if
the financial institution is not a party to the investigation,
action, or proceeding, is not a subject of supervisory review in
the investigation, action, or proceeding, or is a party to the
investigation, action, or proceeding solely by reason of its
holding of assets of another party defendant, with no cause of
action alleged against the financial institution. This payment
shall be made to the financial institution promptly, whether or
not the financial records are entered into evidence. If the
records are produced pursuant to a court order or subpoena duces
tecum, the party requesting the order or subpoena is responsible
for making the payment. With respect to any judicial or
administrative proceeding for which the records are requested,
payment of these costs shall be in addition to any witness fees.
(C) The rates and conditions for making payments required by
division (B) of this section shall be established by rule by the
superintendent of financial institutions. To the extent that they
are applicable, such respective rules shall be substantially like
those adopted by the board of governors of the federal reserve
system to regulate similar fees required by the "Right to
Financial Privacy Act of 1978," 92 Stat. 3708, 12 U.S.C.A. 3415.
(D)(1) This section is not intended to expand, limit, or
otherwise affect any authority granted under federal law or the
law of this state to any party, including a governmental
authority, to procure, request, or require a customer's financial
records. This section does not apply to investigations or
examinations conducted under authority granted by Chapter 169.,
1707., 3737., or 4735. of the Revised Code.
(2) Division (B) of this section does not apply to financial
records required to be assembled or provided pursuant to a
subpoena, demand for production, request for records, or demand
for inspection issued by or on motion of the attorney general or
the organized crime investigations commission, to a subpoena
issued by or on motion of a prosecuting attorney who has probable
cause to believe that a crime has been committed, or to a subpoena
issued by a grand jury, if all of the following apply:
(a) The financial records or copies of the financial records
are subpoenaed for purposes of a criminal investigation or
prosecution;
(b) The subpoena is delivered to the financial institution at
least ten days before the records are to be provided;
(c) The subpoena identifies individual items to be provided
or is for statements of the customer's account for a specified
period of time but only as is relevant to the possible crime being
investigated.
If any financial record assembled or provided by a financial
institution pursuant to such a subpoena or any information derived
from the financial record is introduced as evidence in any
criminal trial and if any nonindigent defendant is convicted of an
offense at that trial, the trial court shall charge against the
defendant, as a cost of prosecution, all actual and necessary
costs directly incurred by the financial institution in searching
for, reproducing, or transporting the financial records provided
the financial institution is not a defendant at the trial. A
defendant against whom costs are charged pursuant to this division
shall pay the costs to the court which shall forward the payment
to the financial institution. For purposes of this division, the
trial court shall determine whether a defendant is indigent. The
rates of payment established by rule pursuant to division (C) of
this section shall be used by the trial court in charging costs
under this division.
(E) Notwithstanding division (D) of this section, in any
proceeding, action, or investigation that involves an alleged
violation of section 2921.02, 2921.41, 2921.42, or 2921.43 of the
Revised Code, that either involves a property interest of the
state or occurred within the scope of state employment or during
the performance of a state public official's or state public
servant's duties, and in which a financial institution is required
or requested to assemble or provide financial records, the
financial institution has a right of reimbursement from the state
treasury for all actual and necessary costs incurred in searching
for, reproducing, or transporting the financial records, at the
rates established by rule under division (C) of this section. The
reimbursement shall be made only if the financial institution is
not a party to, or subject of the investigation, action, or
proceeding, or is a party to the investigation, action, or
proceeding solely by reason of its holding assets of another party
defendant, with no cause of action alleged against the financial
institution, and only if the financial institution has not acted
negligently in the management of the deposit, account, service, or
other relationship to which those financial records pertain. The
reimbursement shall be made promptly, whether or not the financial
records are entered into evidence. As used in this division,
"state" means only the state of Ohio and does not include any
political subdivision.
Sec. 9.28. (A) As used in this section:
"Competitive solicitation" means a request for proposal or
any other solicitation or announcement by a public office
requiring bids or proposals for the provision of goods or services
to that office.
"Public office" includes any state agency, public
institution, political subdivision, or other organized body,
office, agency, institution, or entity established by the laws of
this state for the exercise of any function of government. "Public
office" does not include the nonprofit corporation formed under
section 187.01 of the Revised Code.
"State agency" includes every department, bureau, board,
commission, office, or other organized body established by the
constitution and laws of this state for the exercise of any
function of state government, including any state-supported
institution of higher education, the general assembly, any
legislative agency, any court or judicial agency, or any political
subdivision or agency of a political subdivision. "State agency"
does not include the nonprofit corporation formed under section
187.01 of the Revised Code.
(B) Except as provided in division (C) of this section,
materials submitted to a public office in response to a
competitive solicitation shall be considered public records for
purposes of section 149.43 of the Revised Code at the earlier of
the following dates:
(1) The date the public office announces the award of a
contract based on the competitive solicitation;
(2) One hundred eighty days after either of the following
dates, whichever is applicable:
(a) The date the public office opened the bids;
(b) The end date of the request for proposal period.
(C) If a public office rejects all bids or proposals received
in response to a competitive solicitation and, concurrently with
the announcement of the rejection gives notice of its intent to
reissue the solicitation, the materials submitted in response to
the original competitive solicitation and the materials submitted
in response to the reissued competitive solicitation shall be
considered public records at the earlier of the following dates:
(1) The date the public office announces the award of a
contract based on the reissued competitive solicitation;
(2) The date that is twelve months after either of the
following dates, whichever is applicable:
(a) The date the public office opened the original bids;
(b) The end date of the original request for proposal period.
Sec. 109.08. The attorney general may appoint special
counsel to represent the state in connection with all claims of
whatsoever nature which are certified to the attorney general for
collection under any law or which the attorney general is
authorized to collect.
Such special counsel shall be paid for their services from
funds collected by them in an amount approved by the attorney
general. The amounts paid may be assessed as collection costs
consistent with section 131.02 of the Revised Code and shall be
fully recoverable from the debtor.
The attorney general shall is authorized to provide to the
special counsel appointed to represent the state in connection
with claims arising out of Chapters 5733., 5739., 5741., and 5747.
of the Revised Code, and amounts certified to the attorney general
for collection under section 131.02 of the Revised Code, the
official letterhead stationery of the attorney general. The
attorney general may authorize the special counsel shall
appointed to represent the state to use the letterhead stationery,
but only in connection with the collection of such the claims
arising out of those taxes of the state, including its agencies,
boards, commissions, and political subdivisions with respect to
debt certified to the attorney general under any provision of the
Revised Code.
Sec. 109.081. Up The attorney general may retain up to
eleven per cent of all amounts collected by the attorney general,
whether by employees or agents of the attorney general, or by
special counsel pursuant to section 109.08 of the Revised Code, on
claims due the state, or may assess a collection cost of up to
eleven per cent of claims certified to the attorney general for
collection. The attorney general, after consultation with the
director of budget and management, shall determine the exact
percentage that may be retained under this section. A collection
cost under this section shall be assessed as a collection cost
consistent with section 131.02 of the Revised Code, shall be
collected in an amount and manner determined by the attorney
general, and is fully recoverable from the debtor. All amounts
retained or collected under this section shall be paid into the
state treasury to the credit of the attorney general claims fund,
which is hereby created. The attorney general, after consultation
with the director of budget and management, shall determine the
exact percentage of those collected amounts that shall be paid
into the state treasury to the credit of the fund. The fund shall
be used for the payment of expenses incurred by the office of the
attorney general.
Sec. 109.521. There is hereby created in the state treasury
the bureau of criminal identification and investigation asset
forfeiture and cost reimbursement fund. All amounts awarded to the
bureau of criminal identification and investigation as a result of
shared federal and state asset forfeiture and state and local
moneys designated as restitution for reimbursement of the costs of
investigations and all amounts received by the bureau under
section 2981.13 of the Revised Code shall be deposited into this
fund. The moneys in this fund shall be used in accordance with
federal and state asset forfeiture rules, regulations, and laws.
Interest earned on the money in this fund shall be credited to the
fund.
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from
wherever procurable and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other information
that may be pertinent of all persons who have been convicted of
committing within this state a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a),
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of
all children under eighteen years of age who have been adjudicated
delinquent children for committing within this state an act that
would be a felony or an offense of violence if committed by an
adult or who have been convicted of or pleaded guilty to
committing within this state a felony or an offense of violence,
and of all well-known and habitual criminals. The person in charge
of any county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or state correctional institution and the person in
charge of any state institution having custody of a person
suspected of having committed a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a),
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or
having custody of a child under eighteen years of age with respect
to whom there is probable cause to believe that the child may have
committed an act that would be a felony or an offense of violence
if committed by an adult shall furnish such material to the
superintendent of the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of
age, has not been arrested or otherwise taken into custody for
committing an act that would be a felony or an offense of violence
who is not in any other category of child specified in this
division, if committed by an adult, has not been adjudicated a
delinquent child for committing an act that would be a felony or
an offense of violence if committed by an adult, has not been
convicted of or pleaded guilty to committing a felony or an
offense of violence, and is not a child with respect to whom there
is probable cause to believe that the child may have committed an
act that would be a felony or an offense of violence if committed
by an adult shall not be procured by the superintendent or
furnished by any person in charge of any county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or
workhouse, community-based correctional facility, halfway house,
alternative residential facility, or state correctional
institution, except as authorized in section 2151.313 of the
Revised Code.
(2) Every clerk of a court of record in this state, other
than the supreme court or a court of appeals, shall send to the
superintendent of the bureau a weekly report containing a summary
of each case involving a felony, involving any crime constituting
a misdemeanor on the first offense and a felony on subsequent
offenses, involving a misdemeanor described in division (A)(1)(a),
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or
involving an adjudication in a case in which a child under
eighteen years of age was alleged to be a delinquent child for
committing an act that would be a felony or an offense of violence
if committed by an adult. The clerk of the court of common pleas
shall include in the report and summary the clerk sends under this
division all information described in divisions (A)(2)(a) to (f)
of this section regarding a case before the court of appeals that
is served by that clerk. The summary shall be written on the
standard forms furnished by the superintendent pursuant to
division (B) of this section and shall include the following
information:
(a) The incident tracking number contained on the standard
forms furnished by the superintendent pursuant to division (B) of
this section;
(b) The style and number of the case;
(c) The date of arrest, offense, summons, or arraignment;
(d) The date that the person was convicted of or pleaded
guilty to the offense, adjudicated a delinquent child for
committing the act that would be a felony or an offense of
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an
act that would be a felony or an offense of violence if committed
by an adult, the date of an entry dismissing the charge, an entry
declaring a mistrial of the offense in which the person is
discharged, an entry finding that the person or child is not
competent to stand trial, or an entry of a nolle prosequi, or the
date of any other determination that constitutes final resolution
of the case;
(e) A statement of the original charge with the section of
the Revised Code that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or
was adjudicated a delinquent child, the sentence or terms of
probation imposed or any other disposition of the offender or the
delinquent child.
If the offense involved the disarming of a law enforcement
officer or an attempt to disarm a law enforcement officer, the
clerk shall clearly state that fact in the summary, and the
superintendent shall ensure that a clear statement of that fact is
placed in the bureau's records.
(3) The superintendent shall cooperate with and assist
sheriffs, chiefs of police, and other law enforcement officers in
the establishment of a complete system of criminal identification
and in obtaining fingerprints and other means of identification of
all persons arrested on a charge of a felony, any crime
constituting a misdemeanor on the first offense and a felony on
subsequent offenses, or a misdemeanor described in division
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the
Revised Code and of all children under eighteen years of age
arrested or otherwise taken into custody for committing an act
that would be a felony or an offense of violence if committed by
an adult. The superintendent also shall file for record the
fingerprint impressions of all persons confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution for the violation of state laws and of all children
under eighteen years of age who are confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution or in any facility for delinquent children for
committing an act that would be a felony or an offense of violence
if committed by an adult, and any other information that the
superintendent may receive from law enforcement officials of the
state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of the
Revised Code with respect to the registration of persons who are
convicted of or plead guilty to a sexually oriented offense or a
child-victim oriented offense and with respect to all other duties
imposed on the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping
functions for criminal history records and services in this state
for purposes of the national crime prevention and privacy compact
set forth in section 109.571 of the Revised Code and is the
criminal history record repository as defined in that section for
purposes of that compact. The superintendent or the
superintendent's designee is the compact officer for purposes of
that compact and shall carry out the responsibilities of the
compact officer specified in that compact.
(6) The superintendent shall, upon request, assist a county
coroner in the identification of a deceased person through the use
of fingerprint impressions obtained pursuant to division (A)(1) of
this section or collected pursuant to section 109.572 or 311.41 of
the Revised Code.
(B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or state correctional institution and to every clerk of
a court in this state specified in division (A)(2) of this section
standard forms for reporting the information required under
division (A) of this section. The standard forms that the
superintendent prepares pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible
formats and electronic formats.
(C)(1) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are
adjudicated delinquent children for committing an act that would
be a felony or an offense of violence if committed by an adult,
criminal activity, crime prevention, law enforcement, and criminal
justice, and may establish and operate a statewide communications
network to be known as the Ohio law enforcement gateway to gather
and disseminate information, data, and statistics for the use of
law enforcement agencies and for other uses specified in this
division. The superintendent may gather, store, retrieve, and
disseminate information, data, and statistics that pertain to
children who are under eighteen years of age and that are gathered
pursuant to sections 109.57 to 109.61 of the Revised Code together
with information, data, and statistics that pertain to adults and
that are gathered pursuant to those sections.
(2) The superintendent or the superintendent's designee shall
gather information of the nature described in division (C)(1) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for inclusion in the
state registry of sex offenders and child-victim offenders
maintained pursuant to division (A)(1) of section 2950.13 of the
Revised Code and in the internet database operated pursuant to
division (A)(13) of that section and for possible inclusion in the
internet database operated pursuant to division (A)(11) of that
section.
(3) In addition to any other authorized use of information,
data, and statistics of the nature described in division (C)(1) of
this section, the superintendent or the superintendent's designee
may provide and exchange the information, data, and statistics
pursuant to the national crime prevention and privacy compact as
described in division (A)(5) of this section.
(4) The attorney general may adopt rules under Chapter 119.
of the Revised Code establishing guidelines for the operation of
and participation in the Ohio law enforcement gateway. The rules
may include criteria for granting and restricting access to
information gathered and disseminated through the Ohio law
enforcement gateway. The attorney general shall permit the state
medical board and board of nursing to access and view, but not
alter, information gathered and disseminated through the Ohio law
enforcement gateway.
The attorney general may appoint a steering committee to
advise the attorney general in the operation of the Ohio law
enforcement gateway that is comprised of persons who are
representatives of the criminal justice agencies in this state
that use the Ohio law enforcement gateway and is chaired by the
superintendent or the superintendent's designee.
(D)(1) The following are not public records under section
149.43 of the Revised Code:
(a) Information and materials furnished to the superintendent
pursuant to division (A) of this section;
(b) Information, data, and statistics gathered or
disseminated through the Ohio law enforcement gateway pursuant to
division (C)(1) of this section;
(c) Information and materials furnished to any board or
person under division (F) or (G) of this section.
(2) The superintendent or the superintendent's designee shall
gather and retain information so furnished under division (A) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for the purposes
described in division (C)(2) of this section.
(E)(1) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code and subject to division
(E)(2) of this section, setting forth the procedure by which a
person may receive or release information gathered by the
superintendent pursuant to division (A) of this section. A
reasonable fee may be charged for this service. If a temporary
employment service submits a request for a determination of
whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed or described in division (A)(1), (2), or (3) of section
109.572 of the Revised Code, the request shall be treated as a
single request and only one fee shall be charged.
(2) Except as otherwise provided in this division or division
(E)(3) of this section, a rule adopted under division (E)(1) of
this section may provide only for the release of information
gathered pursuant to division (A) of this section that relates to
the conviction of a person, or a person's plea of guilty to, a
criminal offense or to the arrest of a person as provided in
division (E)(3) of this section. The superintendent shall not
release, and the attorney general shall not adopt any rule under
division (E)(1) of this section that permits the release of, any
information gathered pursuant to division (A) of this section that
relates to an adjudication of a child as a delinquent child, or
that relates to a criminal conviction of a person under eighteen
years of age if the person's case was transferred back to a
juvenile court under division (B)(2) or (3) of section 2152.121 of
the Revised Code and the juvenile court imposed a disposition or
serious youthful offender disposition upon the person under either
division, unless either of the following applies with respect to
the adjudication or conviction:
(a) The adjudication or conviction was for a violation of
section 2903.01 or 2903.02 of the Revised Code.
(b) The adjudication or conviction was for a sexually
oriented offense, the juvenile court was required to classify the
child a juvenile offender registrant for that offense under
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that
classification has not been removed.
(3) A rule adopted under division (E)(1) of this section may
provide for the release of information gathered pursuant to
division (A) of this section that relates to the arrest of a
person when the release is pursuant to a criminal records check
requested with respect to the person for purposes of potential
employment with a law enforcement agency and either of the
following applies:
(a) A criminal action resulting from the arrest is pending.
(b) The bureau cannot reasonably determine whether there has
been a final disposition made of a criminal action resulting from
the arrest.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been approved
to be an agency for purposes of subchapter II of the "Community
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,
as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, division (C) of section 3310.58, or section 3319.39,
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or
5153.111 of the Revised Code or that is made under section
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the
board of education of any school district; the director of
developmental disabilities; any county board of developmental
disabilities; any provider or subcontractor as defined in section
5123.081 of the Revised Code; the chief administrator of any
chartered nonpublic school; the chief administrator of a
registered private provider that is not also a chartered nonpublic
school; the chief administrator of any home health agency; the
chief administrator of or person operating any child day-care
center, type A family day-care home, or type B family day-care
home licensed under Chapter 5104. of the Revised Code; the chief
administrator of any head start agency; the executive director of
a public children services agency; a private company described in
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised
Code; or an employer described in division (J)(2) of section
3327.10 of the Revised Code may request that the superintendent of
the bureau investigate and determine, with respect to any
individual who has applied for employment in any position after
October 2, 1989, or any individual wishing to apply for employment
with a board of education may request, with regard to the
individual, whether the bureau has any information gathered under
division (A) of this section that pertains to that individual. On
receipt of the request, subject to division (E)(2) of this
section, the superintendent shall determine whether that
information exists and, upon request of the person, board, or
entity requesting information, also shall request from the federal
bureau of investigation any criminal records it has pertaining to
that individual. The superintendent or the superintendent's
designee also may request criminal history records from other
states or the federal government pursuant to the national crime
prevention and privacy compact set forth in section 109.571 of the
Revised Code. Within thirty days of the date that the
superintendent receives a request, subject to division (E)(2) of
this section, the superintendent shall send to the board, entity,
or person a report of any information that the superintendent
determines exists, including information contained in records that
have been sealed under section 2953.32 of the Revised Code, and,
within thirty days of its receipt, subject to division (E)(2) of
this section, shall send the board, entity, or person a report of
any information received from the federal bureau of investigation,
other than information the dissemination of which is prohibited by
federal law.
(b) When a board of education or a registered private
provider is required to receive information under this section as
a prerequisite to employment of an individual pursuant to division
(C) of section 3310.58 or section 3319.39 of the Revised Code, it
may accept a certified copy of records that were issued by the
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a
case, the board shall accept the certified copy issued by the
bureau in order to make a photocopy of it for that individual's
employment application documents and shall return the certified
copy to the individual. In a case of that nature, a district or
provider only shall accept a certified copy of records of that
nature within one year after the date of their issuance by the
bureau.
(c) Notwithstanding division (F)(2)(a) of this section, in
the case of a request under section 3319.39, 3319.391, or 3327.10
of the Revised Code only for criminal records maintained by the
federal bureau of investigation, the superintendent shall not
determine whether any information gathered under division (A) of
this section exists on the person for whom the request is made.
(3) The state board of education may request, with respect to
any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2) of this
section, and the superintendent of the bureau shall proceed as if
the request has been received from a school district board of
education under division (F)(2) of this section.
(4) When the superintendent of the bureau receives a request
for information under section 3319.291 of the Revised Code, the
superintendent shall proceed as if the request has been received
from a school district board of education and shall comply with
divisions (F)(2)(a) and (c) of this section.
(5) When a recipient of a classroom reading improvement grant
paid under section 3301.86 of the Revised Code requests, with
respect to any individual who applies to participate in providing
any program or service funded in whole or in part by the grant,
the information that a school district board of education is
authorized to request under division (F)(2)(a) of this section,
the superintendent of the bureau shall proceed as if the request
has been received from a school district board of education under
division (F)(2)(a) of this section.
(G) In addition to or in conjunction with any request that is
required to be made under section 3701.881, 3712.09, or 3721.121
of the Revised Code with respect to an individual who has applied
for employment in a position that involves providing direct care
to an older adult or adult resident, the chief administrator of a
home health agency, hospice care program, home licensed under
Chapter 3721. of the Revised Code, or adult day-care program
operated pursuant to rules adopted under section 3721.04 of the
Revised Code may request that the superintendent of the bureau
investigate and determine, with respect to any individual who has
applied after January 27, 1997, for employment in a position that
does not involve providing direct care to an older adult or adult
resident, whether the bureau has any information gathered under
division (A) of this section that pertains to that individual.
In addition to or in conjunction with any request that is
required to be made under section 173.27 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing ombudsman services to residents
of long-term care facilities or recipients of community-based
long-term care services, the state long-term care ombudsman, the
director of aging, a regional long-term care ombudsman program, or
the designee of the ombudsman, director, or program may request
that the superintendent investigate and determine, with respect to
any individual who has applied for employment in a position that
does not involve providing such ombudsman services, whether the
bureau has any information gathered under division (A) of this
section that pertains to that applicant.
In addition to or in conjunction with any request that is
required to be made under section 173.38 of the Revised Code with
respect to an individual who has applied for employment in a
direct-care position, the chief administrator of a provider, as
defined in section 173.39 of the Revised Code, may request that
the superintendent investigate and determine, with respect to any
individual who has applied for employment in a position that is
not a direct-care position, whether the bureau has any information
gathered under division (A) of this section that pertains to that
applicant.
In addition to or in conjunction with any request that is
required to be made under section 3712.09 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing direct care to a pediatric
respite care patient, the chief administrator of a pediatric
respite care program may request that the superintendent of the
bureau investigate and determine, with respect to any individual
who has applied for employment in a position that does not involve
providing direct care to a pediatric respite care patient, whether
the bureau has any information gathered under division (A) of this
section that pertains to that individual.
On receipt of a request under this division, the
superintendent shall determine whether that information exists
and, on request of the individual requesting information, shall
also request from the federal bureau of investigation any criminal
records it has pertaining to the applicant. The superintendent or
the superintendent's designee also may request criminal history
records from other states or the federal government pursuant to
the national crime prevention and privacy compact set forth in
section 109.571 of the Revised Code. Within thirty days of the
date a request is received, subject to division (E)(2) of this
section, the superintendent shall send to the requester a report
of any information determined to exist, including information
contained in records that have been sealed under section 2953.32
of the Revised Code, and, within thirty days of its receipt, shall
send the requester a report of any information received from the
federal bureau of investigation, other than information the
dissemination of which is prohibited by federal law.
(H) Information obtained by a government entity or person
under this section is confidential and shall not be released or
disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2) or
(G) of this section.
(J) As used in this section:
(1) "Pediatric respite care program" and "pediatric care
patient" have the same meanings as in section 3712.01 of the
Revised Code.
(2) "Sexually oriented offense" and "child-victim oriented
offense" have the same meanings as in section 2950.01 of the
Revised Code.
(3) "Registered private provider" means a nonpublic school or
entity registered with the superintendent of public instruction
under section 3310.41 of the Revised Code to participate in the
autism scholarship program or section 3310.58 of the Revised Code
to participate in the Jon Peterson special needs scholarship
program.
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,
a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1)(a) of
this section;
(c) If the request is made pursuant to section 3319.39 of the
Revised Code for an applicant who is a teacher, any offense
specified in section 3319.31 of the Revised Code.
(2) On receipt of a request pursuant to section 3712.09 or
3721.121 of the Revised Code, a completed form prescribed pursuant
to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check with respect to any person who has applied for employment in
a position for which a criminal records check is required by those
sections. The superintendent shall conduct the criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(2)(a) of this section.
(3) On receipt of a request pursuant to section 173.27,
173.38, 3701.881, 5164.34, 5164.341, 5164.342, 5123.081, or
5123.169 of the Revised Code, a completed form prescribed pursuant
to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check of the person for whom the request is made. The
superintendent shall conduct the criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of,
has pleaded guilty to, or (except in the case of a request
pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised
Code) has been found eligible for intervention in lieu of
conviction for any of the following, regardless of the date of the
conviction, the date of entry of the guilty plea, or (except in
the case of a request pursuant to section 5164.34, 5164.341, or
5164.342 of the Revised Code) the date the person was found
eligible for intervention in lieu of conviction:
(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56,
2927.12, or 3716.11 of the Revised Code;
(b) Felonious sexual penetration in violation of former
section 2907.12 of the Revised Code;
(c) A violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996;
(d) A violation of section 2923.01, 2923.02, or 2923.03 of
the Revised Code when the underlying offense that is the object of
the conspiracy, attempt, or complicity is one of the offenses
listed in divisions (A)(3)(a) to (c) of this section;
(e) A violation of an existing or former municipal ordinance
or law of this state, any other state, or the United States that
is substantially equivalent to any of the offenses listed in
divisions (A)(3)(a) to (d) of this section.
(4) On receipt of a request pursuant to section 2151.86 of
the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions
obtained in the manner described in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11
of the Revised Code, a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, a violation of section
2919.23 of the Revised Code that would have been a violation of
section 2905.04 of the Revised Code as it existed prior to July 1,
1996, had the violation been committed prior to that date, a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense, two or more OVI or OVUAC violations
committed within the three years immediately preceding the
submission of the application or petition that is the basis of the
request, or felonious sexual penetration in violation of former
section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(4)(a) of
this section.
(5) Upon receipt of a request pursuant to section 5104.012 or
5104.013 of the Revised Code, a completed form prescribed pursuant
to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, a violation of section 2923.02 or 2923.03 of
the Revised Code that relates to a crime specified in this
division, or a second violation of section 4511.19 of the Revised
Code within five years of the date of application for licensure or
certification.
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses or violations described in
division (A)(5)(a) of this section.
(6) Upon receipt of a request pursuant to section 5153.111 of
the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions
obtained in the manner described in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date, or a violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(6)(a) of
this section.
(7) On receipt of a request for a criminal records check from
an individual pursuant to section 4749.03 or 4749.06 of the
Revised Code, accompanied by a completed copy of the form
prescribed in division (C)(1) of this section and a set of
fingerprint impressions obtained in a manner described in division
(C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this
section to determine whether any information exists indicating
that the person who is the subject of the request has been
convicted of or pleaded guilty to a felony in this state or in any
other state. If the individual indicates that a firearm will be
carried in the course of business, the superintendent shall
require information from the federal bureau of investigation as
described in division (B)(2) of this section. Subject to division
(F) of this section, the superintendent shall report the findings
of the criminal records check and any information the federal
bureau of investigation provides to the director of public safety.
(8) On receipt of a request pursuant to section 1321.37,
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for a license, permit, or
certification from the department of commerce or a division in the
department. The superintendent shall conduct the criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following: a
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or
2925.03 of the Revised Code; any other criminal offense involving
theft, receiving stolen property, embezzlement, forgery, fraud,
passing bad checks, money laundering, or drug trafficking, or any
criminal offense involving money or securities, as set forth in
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of
the Revised Code; or any existing or former law of this state, any
other state, or the United States that is substantially equivalent
to those offenses.
(9) On receipt of a request for a criminal records check from
the treasurer of state under section 113.041 of the Revised Code
or from an individual under section 4701.08, 4715.101, 4717.061,
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70,
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,
4762.06, 4776.021, 4779.091, or 4783.04 of the Revised Code,
accompanied by a completed form prescribed under division (C)(1)
of this section and a set of fingerprint impressions obtained in
the manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request has been convicted of or pleaded guilty to
any criminal offense in this state or any other state. Subject to
division (F) of this section, the superintendent shall send the
results of a check requested under section 113.041 of the Revised
Code to the treasurer of state and shall send the results of a
check requested under any of the other listed sections to the
licensing board specified by the individual in the request.
(10) On receipt of a request pursuant to section 1121.23,
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any criminal offense under any existing or former law of
this state, any other state, or the United States.
(11) On receipt of a request for a criminal records check
from an appointing or licensing authority under section 3772.07 of
the Revised Code, a completed form prescribed under division
(C)(1) of this section, and a set of fingerprint impressions
obtained in the manner prescribed in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty or no contest to any offense under
any existing or former law of this state, any other state, or the
United States that is a disqualifying offense as defined in
section 3772.07 of the Revised Code or substantially equivalent to
such an offense.
(12) On receipt of a request pursuant to section 2151.33 or
2151.412 of the Revised Code, a completed form prescribed pursuant
to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check with respect to any person for whom a criminal records check
is required by that section. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(12)(a) of this section.
(B) Subject to division (F) of this section, the
superintendent shall conduct any criminal records check to be
conducted under this section as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the criminal records check,
including, if the criminal records check was requested under
section 113.041, 121.08, 173.27, 173.38, 1121.23, 1155.03,
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,
5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or
5153.111 of the Revised Code, any relevant information contained
in records that have been sealed under section 2953.32 of the
Revised Code;
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the criminal records check, including
fingerprint-based checks of national crime information databases
as described in 42 U.S.C. 671 if the request is made pursuant to
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if
any other Revised Code section requires fingerprint-based checks
of that nature, and shall review or cause to be reviewed any
information the superintendent receives from that bureau. If a
request under section 3319.39 of the Revised Code asks only for
information from the federal bureau of investigation, the
superintendent shall not conduct the review prescribed by division
(B)(1) of this section.
(3) The superintendent or the superintendent's designee may
request criminal history records from other states or the federal
government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code.
(4) The superintendent shall include in the results of the
criminal records check a list or description of the offenses
listed or described in division (A)(1), (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), or (12) of this section, whichever
division requires the superintendent to conduct the criminal
records check. The superintendent shall exclude from the results
any information the dissemination of which is prohibited by
federal law.
(5) The superintendent shall send the results of the criminal
records check to the person to whom it is to be sent not later
than the following number of days after the date the
superintendent receives the request for the criminal records
check, the completed form prescribed under division (C)(1) of this
section, and the set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section:
(a) If the superintendent is required by division (A) of this
section (other than division (A)(3) of this section) to conduct
the criminal records check, thirty;
(b) If the superintendent is required by division (A)(3) of
this section to conduct the criminal records check, sixty.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is to be conducted
under this section. The form that the superintendent prescribes
pursuant to this division may be in a tangible format, in an
electronic format, or in both tangible and electronic formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is to be conducted under this
section. Any person for whom a records check is to be conducted
under this section shall obtain the fingerprint impressions at a
county sheriff's office, municipal police department, or any other
entity with the ability to make fingerprint impressions on the
standard impression sheets prescribed by the superintendent. The
office, department, or entity may charge the person a reasonable
fee for making the impressions. The standard impression sheets the
superintendent prescribes pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible and
electronic formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check under this section. The person
requesting the criminal records check shall pay the fee prescribed
pursuant to this division. In the case of a request under section
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,
2151.412, or 5164.34 of the Revised Code, the fee shall be paid in
the manner specified in that section.
(4) The superintendent of the bureau of criminal
identification and investigation may prescribe methods of
forwarding fingerprint impressions and information necessary to
conduct a criminal records check, which methods shall include, but
not be limited to, an electronic method.
(D) The results of a criminal records check conducted under
this section, other than a criminal records check specified in
division (A)(7) of this section, are valid for the person who is
the subject of the criminal records check for a period of one year
from the date upon which the superintendent completes the criminal
records check. If during that period the superintendent receives
another request for a criminal records check to be conducted under
this section for that person, the superintendent shall provide the
results from the previous criminal records check of the person at
a lower fee than the fee prescribed for the initial criminal
records check.
(E) When the superintendent receives a request for
information from a registered private provider, the superintendent
shall proceed as if the request was received from a school
district board of education under section 3319.39 of the Revised
Code. The superintendent shall apply division (A)(1)(c) of this
section to any such request for an applicant who is a teacher.
(F)(1) All Subject to division (F)(2) of this section, all
information regarding the results of a criminal records check
conducted under this section that the superintendent reports or
sends under division (A)(7) or (9) of this section to the director
of public safety, the treasurer of state, or the person, board, or
entity that made the request for the criminal records check shall
relate to the conviction of the subject person, or the subject
person's plea of guilty to, a criminal offense.
(2) Division (F)(1) of this section does not limit, restrict,
or preclude the superintendent's release of information any of the
following:
(a) Information that relates to the arrest of a person and
that is authorized to be released under division (E)(3) of section
109.57 of the Revised Code;
(b) Information that relates to an adjudication of a child as
a delinquent child, or that relates to a criminal conviction of a
person under eighteen years of age if the person's case was
transferred back to a juvenile court under division (B)(2) or (3)
of section 2152.121 of the Revised Code and the juvenile court
imposed a disposition or serious youthful offender disposition
upon the person under either division, if either of the following
applies with respect to the adjudication or conviction:
(a)(i) The adjudication or conviction was for a violation of
section 2903.01 or 2903.02 of the Revised Code.
(b)(ii) The adjudication or conviction was for a sexually
oriented offense, as defined in section 2950.01 of the Revised
Code, the juvenile court was required to classify the child a
juvenile offender registrant for that offense under section
2152.82, 2152.83, or 2152.86 of the Revised Code, and that
classification has not been removed.
(G) As used in this section:
(1) "Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B)
of this section.
(2) "Minor drug possession offense" has the same meaning as
in section 2925.01 of the Revised Code.
(3) "OVI or OVUAC violation" means a violation of section
4511.19 of the Revised Code or a violation of an existing or
former law of this state, any other state, or the United States
that is substantially equivalent to section 4511.19 of the Revised
Code.
(4) "Registered private provider" means a nonpublic school or
entity registered with the superintendent of public instruction
under section 3310.41 of the Revised Code to participate in the
autism scholarship program or section 3310.58 of the Revised Code
to participate in the Jon Peterson special needs scholarship
program.
Sec. 109.578. (A) On receipt of a request pursuant to section
505.381, 737.081, 737.221, or 4765.301 of the Revised Code, a
completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any of the following:
(2) A violation of section 2909.03 of the Revised Code;
(3) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1) or (2)
of this section.
(B) Subject to division (E) of this section, the
superintendent shall conduct any criminal records check pursuant
to division (A) of this section as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including any
relevant information contained in records that have been sealed
under section 2953.32 of the Revised Code.
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request and shall review or cause to be
reviewed any information the superintendent receives from that
bureau.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is requested pursuant
to section 505.381, 737.081, 737.221, or 4765.301 of the Revised
Code. The form that the superintendent prescribes pursuant to this
division may be in a tangible format, in an electronic format, or
in both tangible and electronic formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is requested pursuant to section
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. Any
person for whom a records check is requested pursuant to any of
those sections shall obtain the fingerprint impressions at a
county sheriff's office, a municipal police department, or any
other entity with the ability to make fingerprint impressions on
the standard impression sheets prescribed by the superintendent.
The office, department, or entity may charge the person a
reasonable fee for making the impressions. The standard impression
sheets the superintendent prescribes pursuant to this division may
be in a tangible format, in an electronic format, or in both
tangible and electronic formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The
person making the criminal records request shall pay the fee
prescribed pursuant to this division.
(4) The superintendent may prescribe methods of forwarding
fingerprint impressions and information necessary to conduct a
criminal records check. The methods shall include, but are not
limited to, an electronic method.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division (A)
of this section and that the superintendent made with respect to
information considered in a criminal records check in accordance
with this section is valid for the person who is the subject of
the criminal records check for a period of one year from the date
upon which the superintendent makes the determination. During the
period in which the determination in regard to a person is valid,
if another request under this section is made for a criminal
records check for that person, the superintendent shall provide
the information that is the basis for the superintendent's initial
determination at a lower fee than the fee prescribed for the
initial criminal records check.
(E)(1) All Subject to division (E)(2) of this section, all
information regarding the results of a criminal records check
conducted under this section that the superintendent reports or
sends under this section to the person, board, or entity that made
the request for the criminal records check shall relate to the
conviction of the subject person, or the subject person's plea of
guilty to, a criminal offense.
(2) Division (E)(1) of this section does not limit, restrict,
or preclude the superintendent's release of information any of the
following:
(a) Information that relates to the arrest of a person and
that is authorized to be released under division (E)(3) of section
109.57 of the Revised Code;
(b) Information that relates to an adjudication of a child as
a delinquent child, or that relates to a criminal conviction of a
person under eighteen years of age if the person's case was
transferred back to a juvenile court under division (B)(2) or (3)
of section 2152.121 of the Revised Code and the juvenile court
imposed a disposition or serious youthful offender disposition
upon the person under either division, if either of the following
applies with respect to the adjudication or conviction:
(a)(i) The adjudication or conviction was for a violation of
section 2903.01 or 2903.02 of the Revised Code.
(b)(ii) The adjudication or conviction was for a sexually
oriented offense, as defined in section 2950.01 of the Revised
Code, the juvenile court was required to classify the child a
juvenile offender registrant for that offense under section
2152.82, 2152.83, or 2152.86 of the Revised Code, and that
classification has not been removed.
(F) As used in this section, "criminal records check" means
any criminal records check conducted by the superintendent of the
bureau of criminal identification and investigation in accordance
with division (B) of this section.
Sec. 109.60. (A)(1) The sheriffs of the several counties and
the chiefs of police of cities, immediately upon the arrest of any
person for any felony, on suspicion of any felony, for a crime
constituting a misdemeanor on the first offense and a felony on
subsequent offenses, or for any misdemeanor described in division
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the
Revised Code, and immediately upon the arrest or taking into
custody of any child under eighteen years of age for committing an
act that would be a felony or an offense of violence if committed
by an adult or upon probable cause to believe that a child of that
age may have committed an act that would be a felony or an offense
of violence if committed by an adult, shall take the person's or
child's fingerprints, or cause the same to be taken, according to
the fingerprint system of identification on the forms furnished by
the superintendent of the bureau of criminal identification and
investigation, and immediately shall forward copies of the
completed forms, any other description that may be required, and
the history of the offense committed to the bureau to be
classified and filed and to the clerk of the court having
jurisdiction over the prosecution of the offense or over the
adjudication relative to the act.
(2) Except as provided in division (B) of this section, if a
person or child has not been arrested and first appears before a
court or magistrate in response to a summons, or if a sheriff or
chief of police has not taken, or caused to be taken, a person's
or child's fingerprints in accordance with division (A)(1) of this
section by the time of the arraignment or first appearance of the
person or child, the court shall order the person or child to
appear before the sheriff or chief of police within twenty-four
hours to have the person's or child's fingerprints taken. The
sheriff or chief of police shall take the person's or child's
fingerprints, or cause the fingerprints to be taken, according to
the fingerprint system of identification on the forms furnished by
the superintendent of the bureau of criminal identification and
investigation and, immediately after the person's or child's
arraignment or first appearance, forward copies of the completed
forms, any other description that may be required, and the history
of the offense committed to the bureau to be classified and filed
and to the clerk of the court.
(3) Every court with jurisdiction over a case involving a
person or child with respect to whom division (A)(1) or (2) of
this section requires a sheriff or chief of police to take the
person's or child's fingerprints shall inquire at the time of the
person's or child's sentencing or adjudication whether or not the
person or child has been fingerprinted pursuant to division (A)(1)
or (2) of this section for the original arrest or court appearance
upon which the sentence or adjudication is based. If the person or
child was not fingerprinted for the original arrest or court
appearance upon which the sentence or adjudication is based, the
court shall take the person's or child's fingerprints or shall
order the person or child to appear before the sheriff or chief of
police within twenty-four hours to have the person's or child's
fingerprints taken. The If the court orders the person or child to
appear before the sheriff or chief of police to have the person's
or child's fingerprints taken, the sheriff or chief of police
shall take the person's or child's fingerprints, or cause the
fingerprints to be taken, according to the fingerprint system of
identification on the forms furnished by the superintendent of the
bureau of criminal identification and investigation and
immediately forward copies of the completed forms, any other
description that may be required, and the history of the offense
committed to the bureau to be classified and filed and to the
clerk of the court.
(4) If a person or child is in the custody of a law
enforcement agency or a detention facility, as defined in section
2921.01 of the Revised Code, and the chief law enforcement officer
or chief administrative officer of the detention facility
discovers that a warrant has been issued or a bill of information
has been filed alleging the person or child to have committed an
offense or act other than the offense or act for which the person
or child is in custody, and the other alleged offense or act is
one for which fingerprints are to be taken pursuant to division
(A)(1) of this section, the law enforcement agency or detention
facility shall take the fingerprints of the person or child, or
cause the fingerprints to be taken, according to the fingerprint
system of identification on the forms furnished by the
superintendent of the bureau of criminal identification and
investigation and immediately forward copies of the completed
forms, any other description that may be required, and the history
of the offense committed to the bureau to be classified and filed
and to the clerk of the court that issued the warrant or with
which the bill of information was filed.
(5) If an accused is found not guilty of the offense charged
or a nolle prosequi is entered in any case, or if any accused
child under eighteen years of age is found not to be a delinquent
child for committing an act that would be a felony or an offense
of violence if committed by an adult or not guilty of the felony
or offense of violence charged or a nolle prosequi is entered in
that case, the fingerprints and description shall be given to the
accused upon the accused's request.
(6) The superintendent shall compare the description received
with those already on file in the bureau, and, if the
superintendent finds that the person arrested or taken into
custody has a criminal record or a record as a delinquent child
for having committed an act that would be a felony or an offense
of violence if committed by an adult or is a fugitive from justice
or wanted by any jurisdiction in this or another state, the United
States, or a foreign country for any offense, the superintendent
at once shall inform the arresting officer, the officer taking the
person into custody, or the chief administrative officer of the
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or state correctional institution in which the person or
child is in custody of that fact and give appropriate notice to
the proper authorities in the jurisdiction in which the person is
wanted, or, if that jurisdiction is a foreign country, give
appropriate notice to federal authorities for transmission to the
foreign country. The names, under which each person whose
identification is filed is known, shall be alphabetically indexed
by the superintendent.
(B) Division (A) of this section does not apply to a violator
of a city ordinance unless the officers have reason to believe
that the violator is a past offender or the crime is one
constituting a misdemeanor on the first offense and a felony on
subsequent offenses, or unless it is advisable for the purpose of
subsequent identification. This section does not apply to any
child under eighteen years of age who was not arrested or
otherwise taken into custody for committing an act that would be a
felony or an offense of violence if committed by an adult or upon
probable cause to believe that a child of that age may have
committed an act that would be a felony or an offense of violence
if committed by an adult, except as provided in section 2151.313
of the Revised Code.
(C)(1) For purposes of division (C) of this section, a law
enforcement agency shall be considered to have arrested a person
if any law enforcement officer who is employed by, appointed by,
or serves that agency arrests the person. As used in division (C)
of this section:
(a) "Illegal methamphetamine manufacturing laboratory" has
the same meaning as in section 3745.13 of the Revised Code.
(b) "Methamphetamine or a methamphetamine product" means
methamphetamine, any salt, isomer, or salt of an isomer of
methamphetamine, or any compound, mixture, preparation, or
substance containing methamphetamine or any salt, isomer, or salt
of an isomer of methamphetamine.
(2) Each law enforcement agency that, in any calendar year,
arrests any person for a violation of section 2925.04 of the
Revised Code that is based on the manufacture of methamphetamine
or a methamphetamine product, a violation of section 2925.041 of
the Revised Code that is based on the possession of chemicals
sufficient to produce methamphetamine or a methamphetamine
product, or a violation of any other provision of Chapter 2925. or
3719. of the Revised Code that is based on the possession of
chemicals sufficient to produce methamphetamine or a
methamphetamine product shall prepare an annual report covering
the calendar year that contains the information specified in
division (C)(3) of this section relative to all arrests for
violations of those sections committed under those circumstances
during that calendar year and relative to illegal methamphetamine
manufacturing laboratories, dump sites, and chemical caches as
specified in that division and shall send the annual report, not
later than the first day of March in the calendar year following
the calendar year covered by the report, to the bureau of criminal
identification and investigation.
The law enforcement agency shall write any annual report
prepared and filed under this division on the standard forms
furnished by the superintendent of the bureau of criminal
identification and investigation pursuant to division (C)(4) of
this section. The annual report shall be a statistical report, and
nothing in the report or in the information it contains shall
identify, or enable the identification of, any person who was
arrested and whose arrest is included in the information contained
in the report. The annual report in the possession of the bureau
and the information it contains are public records for the purpose
of section 149.43 of the Revised Code.
(3) The annual report prepared and filed by a law enforcement
agency under division (C)(2) of this section shall contain all of
the following information for the calendar year covered by the
report:
(a) The total number of arrests made by the agency in that
calendar year for a violation of section 2925.04 of the Revised
Code that is based on the manufacture of methamphetamine or a
methamphetamine product, a violation of section 2925.041 of the
Revised Code that is based on the possession of chemicals
sufficient to produce methamphetamine or a methamphetamine
product, or a violation of any other provision of Chapter 2925. or
3719. of the Revised Code that is based on the possession of
chemicals sufficient to produce methamphetamine or a
methamphetamine product;
(b) The total number of illegal methamphetamine manufacturing
laboratories at which one or more of the arrests reported under
division (C)(3)(a) of this section occurred, or that were
discovered in that calendar year within the territory served by
the agency but at which none of the arrests reported under
division (C)(3)(a) of this section occurred;
(c) The total number of dump sites and chemical caches that
are, or that are reasonably believed to be, related to illegal
methamphetamine manufacturing and that were discovered in that
calendar year within the territory served by the agency.
(4) The superintendent of the bureau of criminal
identification and investigation shall prepare and furnish to each
law enforcement agency in this state standard forms for making the
annual reports required by division (C)(2) of this section. The
standard forms that the superintendent prepares pursuant to this
division may be in a tangible format, in an electronic format, or
in both a tangible format and an electronic format.
(5) The annual report required by division (C)(2) of this
section is separate from, and in addition to, any report,
materials, or information required under division (A) of this
section or under any other provision of sections 109.57 to 109.62
of the Revised Code.
Sec. 109.85. (A) Upon the written request of the governor,
the general assembly, the auditor of state, the medicaid director,
the director of health, or the director of budget and management,
or upon the attorney general's becoming aware of criminal or
improper activity related to Chapter 3721. of the Revised Code and
the medicaid program, the attorney general shall investigate any
criminal or civil violation of law related to Chapter 3721. of the
Revised Code or the medicaid program.
Investigators appointed by
the attorney general to fulfill the purposes of this section may
go armed in the same manner as sheriffs and regularly appointed
police officers under section 2923.12 of the Revised Code.
(B) When it appears to the attorney general, as a result of
an investigation under division (A) of this section, that there is
cause to prosecute for the commission of a crime or to pursue a
civil remedy, the attorney general may refer the evidence to the
prosecuting attorney having jurisdiction of the matter, or to a
regular grand jury drawn and impaneled pursuant to sections
2939.01 to 2939.24 of the Revised Code, or to a special grand jury
drawn and impaneled pursuant to section 2939.17 of the Revised
Code, or the attorney general may initiate and prosecute any
necessary criminal or civil actions in any court or tribunal of
competent jurisdiction in this state. When proceeding under this
section, the attorney general, and any assistant or special
counsel designated by the attorney general for that purpose, have
all rights, privileges, and powers of prosecuting attorneys. The
attorney general shall have exclusive supervision and control of
all investigations and prosecutions initiated by the attorney
general under this section. The forfeiture provisions of Chapter
2981. of the Revised Code apply in relation to any such criminal
action initiated and prosecuted by the attorney general.
(C) Nothing in this section shall prevent a county
prosecuting attorney from investigating and prosecuting criminal
activity related to Chapter 3721. of the Revised Code and the
medicaid program. The forfeiture provisions of Chapter 2981. of
the Revised Code apply in relation to any prosecution of criminal
activity related to the medicaid program undertaken by the
prosecuting attorney.
Sec. 109.86. (A) The attorney general shall investigate any
activity the attorney general has reasonable cause to believe is
in violation of section 2903.34 of the Revised Code. Upon written
request of the governor, the general assembly, the auditor of
state, or the director of health, job and family services, aging,
mental health and addiction services, or developmental
disabilities, the attorney general shall investigate any activity
these persons believe is in violation of section 2903.34 of the
Revised Code. Investigators appointed by the attorney general to
fulfill the purposes of this section may go armed in the same
manner as sheriffs and regularly appointed police officers under
section 2923.12 of the Revised Code. If after an investigation the
attorney general has probable cause to prosecute for the
commission of a crime, the attorney general shall refer the
evidence to the prosecuting attorney, director of law, or other
similar chief legal officer having jurisdiction over the matter.
If the prosecuting attorney decides to present the evidence to a
grand jury, the prosecuting attorney shall notify the attorney
general in writing of the decision within thirty days after
referral of the matter and shall present the evidence prior to the
discharge of the next regular grand jury. If the director of law
or other chief legal officer decides to prosecute the case, the
director or officer shall notify the attorney general in writing
of the decision within thirty days and shall initiate prosecution
within sixty days after the matter was referred to the director or
officer.
(B) If the prosecuting attorney, director of law, or other
chief legal officer fails to notify the attorney general or to
present evidence or initiate prosecution in accordance with
division (A) of this section, the attorney general may present the
evidence to a regular grand jury drawn and impaneled pursuant to
sections 2939.01 to 2939.24 of the Revised Code, or to a special
grand jury drawn and impaneled pursuant to section 2939.17 of the
Revised Code, or the attorney general may initiate and prosecute
any action in any court or tribunal of competent jurisdiction in
this state. The attorney general, and any assistant or special
counsel designated by the attorney general, have all the powers of
a prosecuting attorney, director of law, or other chief legal
officer when proceeding under this section. Nothing in this
section shall limit or prevent a prosecuting attorney, director of
law, or other chief legal officer from investigating and
prosecuting criminal activity committed against a resident or
patient of a care facility.
Sec. 1331.01. As used in sections 1331.01 to 1331.14 of the
Revised Code:
(A) "Person" includes corporations, partnerships, and
associations existing under or authorized by any state or
territory of the United States, and solely for the purpose of the
definition of division (B)(C) of this section, a foreign
governmental entity.
(B) "Public office" means any state agency, public
institution, political subdivision, or other organized body,
office, agency, institution, or entity established by the laws of
this state for the exercise of any function of government. "Public
office" does not include the nonprofit corporation formed under
section 187.01 of the Revised Code.
(C)(1) "Trust" is a combination of capital, skill, or acts by
two or more persons for any of the following purposes:
(1)(a) To create or carry out restrictions in trade or
commerce;
(2)(b) To limit or reduce the production, or increase or
reduce the price of merchandise or a commodity;
(3)(c) To prevent competition in manufacturing, making,
transportation, sale, or purchase of merchandise, produce, or a
commodity;
(4)(d) To fix at a standard or figure, whereby its price to
the public or consumer is in any manner controlled or established,
an article or commodity of merchandise, produce, or commerce
intended for sale, barter, use, or consumption in this state;
(5)(e) To make, enter into, execute, or carry out contracts,
obligations, or agreements of any kind by which they bind or have
bound themselves not to sell, dispose of, or transport an article
or commodity, or an article of trade, use, merchandise, commerce,
or consumption below a common standard figure or fixed value, or
by which they agree in any manner to keep the price of such
article, commodity, or transportation at a fixed or graduated
figure, or by which they shall in any manner establish or settle
the price of an article, commodity, or transportation between them
or themselves and others, so as directly or indirectly to preclude
a free and unrestricted competition among themselves, purchasers,
or consumers in the sale or transportation of such article or
commodity, or by which they agree to pool, combine, or directly or
indirectly unite any interests which they have connected with the
sale or transportation of such article or commodity, that its
price might in any manner be affected;
(6)(f) To refuse to buy from, sell to, or trade with any
person because such person appears on a blacklist issued by, or is
being boycotted by, any foreign corporate or governmental entity.
(2) "Trust" also means a combination of capital, skill, or
acts by two or more bidders or potential bidders, or one or more
bidders or potential bidders and any person affiliated with a
public office, to restrain or prevent competition in the letting
or awarding of any public contract in derogation of any statute,
ordinance, or rule requiring the use of competitive bidding or
selection in the letting or awarding of the public contract.
(3) "Trust," as defined in this section, does not include
bargaining by a labor organization in negotiating or effecting
contracts with an employer or employer group with reference to
minimum payment to any member of the labor organization for any
motor vehicles owned, driven, and used exclusively by such member
in the performance of his the member's duties of employment
pursuant to a collective bargaining agreement between the labor
organization and the employer or employer group.
(4) A trust as defined in this division (B) of this section
is unlawful and void.
Sec. 1331.04. A violation of sections 1331.01 to 1331.14,
inclusive, of the Revised Code, Every combination, contract, or
agreement in the form of a trust is declared to be a conspiracy
against trade and illegal. No person shall engage in such
conspiracy or take part therein, or aid or advise in its
commission, or, as principal, manager, director, agent, servant,
or employer, or in any other capacity, knowingly carry out any of
the stipulations, purposes, prices, or rates, or furnish any
information to assist in carrying out such purposes, or orders
thereunder, or in pursuance thereof, or in any manner violate said
sections 1331.01 to 1331.14 of the Revised Code. Each day's
violation of this section is a separate offense.
Sec. 1331.17. In carrying out official duties, the attorney
general shall not disclose publicly the facts developed in an
investigation conducted pursuant to this chapter unless the matter
has become a matter of public record in enforcement proceedings,
in public hearings, or other official proceedings, or unless the
person from whom the information has been obtained consents to the
public disclosure.
Sec. 1331.99. (A)(1) Whoever violates section 1331.04 of the
Revised Code is guilty of conspiracy against trade. Except as
provided in division (A)(2) of this section, a conspiracy against
trade is a felony of the fifth degree.
(2) If any of the following conditions apply, the conspiracy
against trade is a felony of the fourth degree:
(a) The amount of the contract or the amount of the sale of
commodities or services involved is seven thousand five hundred
dollars or more.
(b) The conspiracy against trade relates to a contract with
or the sale of commodities or services to or from a local, state,
or federal governmental entity.
(c) The contract or sale of commodities or services involves,
in whole or in part, funding to or from a local, state, or federal
governmental entity.
(B) Whoever violates section 1331.02 or 1331.05 of the
Revised Code is guilty of a felony of the fifth degree.
(B)(C) Whoever violates section 1331.04 or division (L) of
section 1331.16 of the Revised Code is guilty of a misdemeanor of
the first degree.
(C)(D) Whoever violates section 1331.15 of the Revised Code
is guilty of a misdemeanor of the second degree.
Sec. 1345.02. (A) No supplier shall commit an unfair or
deceptive act or practice in connection with a consumer
transaction. Such an unfair or deceptive act or practice by a
supplier violates this section whether it occurs before, during,
or after the transaction.
(B) Without limiting the scope of division (A) of this
section, the act or practice of a supplier in representing any of
the following is deceptive:
(1) That the subject of a consumer transaction has
sponsorship, approval, performance characteristics, accessories,
uses, or benefits that it does not have;
(2) That the subject of a consumer transaction is of a
particular standard, quality, grade, style, prescription, or
model, if it is not;
(3) That the subject of a consumer transaction is new, or
unused, if it is not;
(4) That the subject of a consumer transaction is available
to the consumer for a reason that does not exist;
(5) That the subject of a consumer transaction has been
supplied in accordance with a previous representation, if it has
not, except that the act of a supplier in furnishing similar
merchandise of equal or greater value as a good faith substitute
does not violate this section;
(6) That the subject of a consumer transaction will be
supplied in greater quantity than the supplier intends;
(7) That replacement or repair is needed, if it is not;
(8) That a specific price advantage exists, if it does not;
(9) That the supplier has a sponsorship, approval, or
affiliation that the supplier does not have;
(10) That a consumer transaction involves or does not involve
a warranty, a disclaimer of warranties or other rights, remedies,
or obligations if the representation is false.
(C) In construing division (A) of this section, the court
shall give due consideration and great weight to federal trade
commission orders, trade regulation rules and guides, and the
federal courts' interpretations of subsection 45 (a)(1) of the
"Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A.
41, as amended.
(D) No supplier shall offer to a consumer or represent that a
consumer will receive a rebate, discount, or other benefit as an
inducement for entering into a consumer transaction in return for
giving the supplier the names of prospective consumers, or
otherwise helping the supplier to enter into other consumer
transactions, if earning the benefit is contingent upon an event
occurring after the consumer enters into the transaction.
(E)(1) No supplier, in connection with a consumer transaction
involving natural gas service or public telecommunications service
to a consumer in this state, shall request or submit, or cause to
be requested or submitted, a change in the consumer's provider of
natural gas service or public telecommunications service, without
first obtaining, or causing to be obtained, the verified consent
of the consumer. For the purpose of this division and with respect
to public telecommunications service only, the procedures
necessary for verifying the consent of a consumer shall be those
prescribed by rule by the public utilities commission for public
telecommunications service under division (D) of section 4905.72
of the Revised Code. Also, for the purpose of this division, the
act, omission, or failure of any officer, agent, or other
individual, acting for or employed by another person, while acting
within the scope of that authority or employment, is the act or
failure of that other person.
(2) Consistent with the exclusion, under 47 C.F.R.
64.1100(a)(3), of commercial mobile radio service providers from
the verification requirements adopted in 47 C.F.R. 64.1100,
64.1150, 64.1160, 64.1170, 64.1180, and 64.1190 by the federal
communications commission, division (E)(1) of this section does
not apply to a provider of commercial mobile radio service insofar
as such provider is engaged in the provision of commercial mobile
radio service. However, when that exclusion no longer is in
effect, division (E)(1) of this section shall apply to such a
provider.
(3) The attorney general may initiate criminal proceedings
for a prosecution under division (C) of section 1345.99 of the
Revised Code by presenting evidence of criminal violations to the
prosecuting attorney of any county in which the offense may be
prosecuted. If the prosecuting attorney does not prosecute the
violations, or at the request of the prosecuting attorney, the
attorney general may proceed in the prosecution with all the
rights, privileges, and powers conferred by law on prosecuting
attorneys, including the power to appear before grand juries and
to interrogate witnesses before grand juries.
(F) Concerning a consumer transaction in connection with a
residential mortgage, and without limiting the scope of division
(A) or (B) of this section, the act of a supplier in doing either
of the following is deceptive:
(1) Knowingly failing to provide disclosures required under
state and federal law;
(2) Knowingly providing a disclosure that includes a material
misrepresentation.
(G) Without limiting the scope of division (A) of this
section, the failure of a supplier to obtain or maintain any
registration, license, bond, or insurance required by state law or
local ordinance for the supplier to engage in the supplier's trade
or profession is an unfair or deceptive act or practice.
Sec. 1345.03. (A) No supplier shall commit an unconscionable
act or practice in connection with a consumer transaction. Such an
unconscionable act or practice by a supplier violates this section
whether it occurs before, during, or after the transaction.
(B) In determining whether an act or practice is
unconscionable, the following circumstances shall be taken into
consideration:
(1) Whether the supplier has knowingly taken advantage of the
inability of the consumer reasonably to protect the consumer's
interests because of the consumer's physical or mental
infirmities, ignorance, illiteracy, or inability to understand the
language of an agreement;
(2) Whether the supplier knew at the time the consumer
transaction was entered into that the price was substantially in
excess of the price at which similar property or services were
readily obtainable in similar consumer transactions by like
consumers;
(3) Whether the supplier knew at the time the consumer
transaction was entered into of the inability of the consumer to
receive a substantial benefit from the subject of the consumer
transaction;
(4) Whether the supplier knew at the time the consumer
transaction was entered into that there was no reasonable
probability of payment of the obligation in full by the consumer;
(5) Whether the supplier required the consumer to enter into
a consumer transaction on terms the supplier knew were
substantially one-sided in favor of the supplier;
(6) Whether the supplier knowingly made a misleading
statement of opinion on which the consumer was likely to rely to
the consumer's detriment;
(7) Whether the supplier has, without justification, refused
to make a refund in cash or by check for a returned item that was
purchased with cash or by check, unless the supplier had
conspicuously posted in the establishment at the time of the sale
a sign stating the supplier's refund policy.
(C) This section does not apply to a consumer transaction in
connection with the origination of a residential mortgage.
Sec. 1345.031. (A) No supplier shall commit an
unconscionable act or practice concerning a consumer transaction
in connection with the origination of a residential mortgage. Such
an unconscionable act or practice by a supplier violates this
section whether it occurs before, during, or after the
transaction.
(B) For purposes of division (A) of this section, the
following acts or practices of a supplier in connection with such
a transaction are unconscionable:
(1) Arranging for or making a mortgage loan that provides for
an interest rate applicable after default that is higher than the
interest rate that applies before default, excluding rates of
interest for judgments applicable to the mortgage loan under
section 1343.02 or 1343.03 of the Revised Code and also excluding
interest rate changes in a variable rate loan transaction
otherwise consistent with the provisions of the loan documents;
(2) Engaging in a pattern or practice of providing consumer
transactions to consumers based predominantly on the supplier's
realization of the foreclosure or liquidation value of the
consumer's collateral without regard to the consumer's ability to
repay the loan in accordance with its terms, provided that the
supplier may use any reasonable method to determine a borrower's
ability to repay;
(3) Making a consumer transaction that permits the creditor
to demand repayment of the outstanding balance of a mortgage loan,
in advance of the original maturity date unless the creditor does
so in good faith due to the consumer's failure to abide by the
material terms of the loan.
(4) Knowingly replacing, refinancing, or consolidating a zero
interest rate or other low-rate mortgage loan made by a
governmental or nonprofit lender with another loan unless the
current holder of the loan consents in writing to the refinancing
and the consumer presents written certification from a third-
party third-party nonprofit organization counselor approved by the
United States department of housing and urban development or the
superintendent of financial institutions that the consumer
received counseling on the advisability of the loan transaction.
For purposes of division (B)(4) of this section, a "low-rate
mortgage loan" means a mortgage loan that carries a current
interest rate two percentage points or more below the current
yield on United States treasury securities with a comparable
maturity. If the loan's current interest rate is either a
discounted introductory rate or a rate that automatically steps up
over time, the fully indexed rate or the fully stepped-up rate, as
applicable, shall be used, in lieu of the current rate, to
determine whether a loan is a low-rate mortgage loan.
(5) Instructing the consumer to ignore the supplier's written
information regarding the interest rate and dollar value of points
because they would be lower for the consumer's consumer
transaction;
(6) Recommending or encouraging a consumer to default on a
mortgage or any consumer transaction or revolving credit loan
agreement;. This practice also shall constitute an unconscionable
act or practice in connection with a consumer transaction under
section 1345.03 of the Revised Code.
(7) Charging a late fee more than once with respect to a
single late payment. If a late payment fee is deducted from a
payment made on the loan and such deduction causes a subsequent
default on a subsequent payment, no late payment fee may be
imposed for such default. If a late payment fee has been imposed
once with respect to a particular late payment, no such fee may be
imposed with respect to any future payment that would have been
timely and sufficient but for the previous default.
This practice
also shall constitute an unconscionable act or practice in
connection with a consumer transaction under section 1345.03 of
the Revised Code.
(8) Failing to disclose to the consumer at the closing of the
consumer transaction that a consumer is not required to complete a
consumer transaction merely because the consumer has received
prior estimates of closing costs or has signed an application and
should not close a loan transaction that contains different terms
and conditions than those the consumer was promised;
(9) Arranging for or making a consumer transaction that
includes terms under which more than two periodic payments
required under the consumer transaction are consolidated and paid
in advance from the loan proceeds provided to the consumer;
(10) Knowingly compensating, instructing, inducing, coercing,
or intimidating, or attempting to compensate, instruct, induce,
coerce, or intimidate, a person licensed or certified under
Chapter 4763. of the Revised Code for the purpose of corrupting or
improperly influencing the independent judgment of the person with
respect to the value of the dwelling offered as security for
repayment of a mortgage loan;
(11) Financing, directly or indirectly, any credit, life,
disability, or unemployment insurance premiums, any other life or
health insurance premiums, or any debt collection agreement.
Insurance premiums calculated and paid on a monthly basis shall
not be considered financed by the lender.
(12) Knowingly or intentionally engaging in the act or
practice of "flipping" a mortgage loan. "Flipping" a mortgage loan
is making a mortgage loan that refinances an existing mortgage
loan when the new loan does not have reasonable, tangible net
benefit to the consumer considering all of the circumstances,
including the terms of both the new and refinanced loans, the cost
of the new loan, and the consumer's circumstances. This provision
applies regardless of whether the interest rate, points, fees, and
charges paid or payable by the consumer in connection with the
refinancing exceed any thresholds specified in any section of the
Revised Code.
(13) Knowingly taking advantage of the inability of the
consumer to reasonably protect the consumer's interests because of
the consumer's known physical or mental infirmities or illiteracy;
(14) Entering into the consumer transaction knowing there was
no reasonable probability of payment of the obligation by the
consumer;
(15) Attempting to enforce, by means not limited to a court
action, a prepayment penalty in violation of division (C)(2) of
section 1343.011 of the Revised Code;. This practice also shall
constitute an unconscionable act or practice in connection with a
consumer transaction under section 1345.03 of the Revised Code.
(16) Engaging in an act or practice deemed unconscionable by
rules adopted by the attorney general pursuant to division (B)(2)
of section 1345.05 of the Revised Code.
(C)(1) Any unconscionable arbitration clause, unconscionable
clause requiring the consumer to pay the supplier's attorney's
fees, or unconscionable liquidated damages clause included in a
mortgage loan contract is unenforceable.
(2) No supplier shall do either of the following:
(a) Attempt to enforce, by means not limited to a court
action, any clause described in division (C)(1) of this section;
(b) By referring to such a clause, attempt to induce the
consumer to take any action desired by the supplier.
Sec. 1345.05. (A) The attorney general shall:
(1) Adopt, amend, and repeal procedural rules;
(2) Adopt as a rule a description of the organization of the
attorney general's office, stating the general courses and methods
of operation of the section of the office of the attorney general,
which is to administer Chapter 1345. of the Revised Code and
methods whereby the public may obtain information or make
submissions or requests, including a description of all forms and
instructions used by that office;
(3) Make available for public inspection all rules and all
other written statements of policy or interpretations adopted or
used by the attorney general in the discharge of the attorney
general's functions, together with any assurance of voluntary
compliance accepted by the attorney general pursuant to division
(F)(2) of section 1345.06 of the Revised Code, and all judgments,
including supporting opinions, by courts of this state that
determine the rights of the parties and concerning which appellate
remedies have been exhausted, or lost by the expiration of the
time for appeal, determining that specific acts or practices
violate section 1345.02, 1345.03, or 1345.031 of the Revised Code;
(4) Inform consumers and suppliers on a continuing basis of
acts or practices that violate Chapter 1345. of the Revised Code
by, among other things, publishing an informational document
describing acts and practices in connection with residential
mortgages that are unfair, deceptive, or unconscionable, and by
making that information available on the attorney general's
official web site;
(5) Cooperate with state and local officials, officials of
other states, and officials of the federal government in the
administration of comparable statutes;
(6) Report annually on or before the thirty-first day of
January to the governor and the general assembly on the operations
of the attorney general in respect to Chapter 1345. of the Revised
Code, and on the acts or practices occurring in this state that
violate such chapter. The report shall include a statement of
investigatory and enforcement procedures and policies, of the
number of investigations and enforcement proceedings instituted
and of their disposition, and of other activities of the state and
of other persons to promote the purposes of Chapter 1345. of the
Revised Code.
(7) In carrying out official duties, the attorney general
shall not disclose publicly the identity of suppliers investigated
or the facts developed in investigations unless these matters have
become a matter of public record in enforcement proceedings, in
public hearings conducted pursuant to division (B)(1) of this
section, or the suppliers investigated have consented in writing
to public disclosure.
(B) The attorney general may:
(1) Conduct research, make inquiries, hold public hearings,
and publish studies relating to consumer transactions;
(2) Adopt, amend, and repeal substantive rules defining with
reasonable specificity acts or practices that violate sections
1345.02, 1345.03, and 1345.031 of the Revised Code. In adopting,
amending, or repealing substantive rules defining acts or
practices that violate section 1345.02 of the Revised Code, due
consideration and great weight shall be given to federal trade
commission orders, trade regulation rules and guides, and the
federal courts' interpretations of subsection 45(a)(1) of the
"Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A.
41, as amended.
In adopting, amending, or repealing such rules concerning a
consumer transaction in connection with a residential mortgage,
the attorney general shall consult with the superintendent of
financial institutions and shall give due consideration to state
and federal statutes, regulations, administrative agency
interpretations, and case law.
(C) In the conduct of public hearings authorized by this
section, the attorney general may administer oaths, subpoena
witnesses, adduce evidence, and require the production of relevant
material. Upon failure of a person without lawful excuse to obey a
subpoena or to produce relevant matter, the attorney general may
apply to a court of common pleas for an order compelling
compliance.
(D) The attorney general may request that an individual who
refuses to testify or to produce relevant material on the ground
that the testimony or matter may incriminate the individual be
ordered by the court to provide the testimony or matter. With the
exception of a prosecution for perjury and an action for damages
under section 1345.07 or 1345.09 of the Revised Code, an
individual who complies with a court order to provide testimony or
matter, after asserting a privilege against self incrimination to
which the individual is entitled by law, shall not be subjected to
a criminal proceeding on the basis of the testimony or matter
discovered through that testimony or matter.
(E) Any person may petition the attorney general requesting
the adoption, amendment, or repeal of a rule. The attorney general
shall prescribe by rule the form for such petitions and the
procedure for their submission, consideration, and disposition.
Within sixty days of submission of a petition, the attorney
general shall either deny the petition in writing, stating the
reasons for the denial, or initiate rule-making proceedings. There
is no right to appeal from such denial of a petition.
(F) All rules shall be adopted subject to Chapter 119. of the
Revised Code.
(G) The informational document published in accordance with
division (A)(4) of this section shall be made available for
distribution to consumers who are applying for a mortgage loan. An
acknowledgement of receipt shall be retained by the lender,
mortgage broker, and loan officer, as applicable, subject to
review by the attorney general and the department of commerce.
Sec. 1345.06. (A) If, by his the attorney general's own
inquiries or as a result of complaints, the attorney general has
reasonable cause to believe that a person has engaged or is
engaging in an act or practice that violates Chapter 1345. of the
Revised Code, he the attorney general may investigate.
(B) For this purpose, the attorney general may administer
oaths, subpoena witnesses, adduce evidence, and require the
production of relevant matter.
If matter that the attorney general requires to be produced
is located outside the state, he the attorney general may
designate representatives, including officials of the state in
which the matter is located, to inspect the matter on his the
attorney general's behalf, and
he the attorney general may respond
to similar requests from officials of other states. The person
subpoenaed may make the matter available to the attorney general
at a convenient location within the state or pay the reasonable
and necessary expenses for the attorney general or his the
attorney general's representative to examine the matter at the
place where it is located, provided that expenses shall not be
charged to a party not subsequently found to have engaged in an
act or practice violative of Chapter 1345. of the Revised Code.
(C) Within twenty days after a subpoena has been served, a
motion to extend the return day, or to modify or quash the
subpoena, stating good cause, may be filed in the court of common
pleas of Franklin county or the county in which the person served
resides or has his the person's principal place of business.
(D) A person subpoenaed under this section shall comply with
the terms of the subpoena, unless the parties agree to modify the
terms of the subpoena or unless the court has modified or quashed
the subpoena, extended the return day of the subpoena, or issued
any other order with respect to the subpoena prior to its return
day.
If a person fails without lawful excuse to obey a subpoena or
to produce relevant matter, the attorney general may apply to the
court of common pleas of the county in which the person subpoenaed
resides or has his the person's principal place of business for an
order compelling compliance.
(E) The attorney general may request that an individual who
refuses to testify or to produce relevant matter on the ground
that the testimony or matter may incriminate him the individual be
ordered by the court to provide the testimony or matter. With the
exception of a prosecution for perjury and an action for damages
under section 1345.07 or 1345.09 of the Revised Code, an
individual who complies with a court order to provide testimony or
matter, after asserting a privilege against self-incrimination to
which he the individual is entitled by law, shall not be subjected
to a criminal proceeding or to a civil penalty or forfeiture on
the basis of the testimony or matter required to be disclosed or
testimony or matter discovered through that testimony or matter.
(F) The attorney general may:
(1) During an investigation under this section, afford, in a
manner considered appropriate to him to the attorney general, a
supplier an opportunity to cease and desist from any suspected
violation. He The attorney general may suspend
his such an
investigation during the time period that he
the attorney general
permits the supplier to cease and desist; however, the suspension
of the investigation or the affording of an opportunity to cease
and desist shall not prejudice or prohibit any further
investigation by the attorney general under this section.
(2) Terminate an investigation under this section upon
acceptance of a written assurance of voluntary compliance from a
supplier who is suspected of a violation of this chapter.
Acceptance of an assurance may be conditioned upon an
undertaking to reimburse or to take other appropriate corrective
action with respect to identifiable consumers damaged by an
alleged violation of this chapter. An assurance of compliance
given by a supplier is not evidence of violation of this chapter.
The attorney general may, at any time, reopen an investigation
terminated by the acceptance of an assurance of voluntary
compliance, if he the attorney general believes that further
proceedings are in the public interest. Evidence of a violation of
an assurance of voluntary compliance is prima-facie evidence of an
act or practice in violation of this chapter, if presented after
the violation in an action brought under this chapter. An
assurance of voluntary compliance may be filed with the court and
if approved by the court, entered as a consent judgment. Any
assurance of voluntary compliance accepted by the attorney general
pursuant to this division shall be made available for public
inspection in accordance with division (A)(3) of section 1345.05
of the Revised Code.
(G) The procedures available to the attorney general under
this section are cumulative and concurrent, and the exercise of
one procedure by the attorney general does not preclude or require
the exercise of any other procedure.
Sec. 1345.07. (A) If the attorney general, by the attorney
general's own inquiries or as a result of complaints, has
reasonable cause to believe that a supplier has engaged or is
engaging in an act or practice that violates this chapter, and
that the action would be in the public interest, the attorney
general may bring any of the following:
(1) An action to obtain a declaratory judgment that the act
or practice violates section 1345.02, 1345.03, or 1345.031 of the
Revised Code;
(2)(a) An action, with notice as required by Civil Rule 65,
to obtain a temporary restraining order, preliminary injunction,
or permanent injunction to restrain the act or practice. If the
attorney general shows by a preponderance of the evidence that the
supplier has violated or is violating section 1345.02, 1345.03, or
1345.031 of the Revised Code, the court may issue a temporary
restraining order, preliminary injunction, or permanent injunction
to restrain and prevent the act or practice.
(b)(i) Except as provided in division (A)(2)(b)(ii) of this
section, on motion of the attorney general, or on its own motion,
the court may impose a civil penalty of not more than five
thousand dollars for each day of violation of a temporary
restraining order, preliminary injunction, or permanent injunction
issued under this section, if the supplier received notice of the
action. The civil penalties shall be paid as provided in division
(G) of this section.
(ii) If the court issues under this section a temporary
restraining order, preliminary injunction, or permanent injunction
to restrain and prevent an act or practice that is a violation of
section 1345.02 and division (A) of section 1349.81 of the Revised
Code, on motion of the attorney general, or on its own motion, the
court may impose a civil penalty of not less than five thousand
dollars and not more than fifteen thousand dollars for each day of
violation of the temporary restraining order, preliminary
injunction, or permanent injunction, if the supplier received
notice of the action. The civil penalties shall be paid as
provided in division (G) of this section.
(c) Upon the commencement of an action under division (A)(2)
of this section against a supplier who operates under a license,
permit, certificate, commission, or other authorization issued by
the supreme court or by a board, commission, department, division,
or other agency of this state, the attorney general shall
immediately notify the supreme court or agency that such an action
has been commenced against the supplier.
(3) A class action under Civil Rule 23, as amended, on behalf
of consumers who have engaged in consumer transactions in this
state for damage caused by:
(a) An act or practice enumerated in division (B) or, (D), or
(G) of section 1345.02 of the Revised Code;
(b) Violation of a rule adopted under division (B)(2) of
section 1345.05 of the Revised Code before the consumer
transaction on which the action is based;
(c) An act or practice determined by a court of this state to
violate section 1345.02, 1345.03, or 1345.031 of the Revised Code
and committed after the decision containing the determination has
been made available for public inspection under division (A)(3) of
section 1345.05 of the Revised Code.
(B) On motion of the attorney general and without bond, in
the attorney general's action under this section, the court may
make appropriate orders, including appointment of a referee or a
receiver, for sequestration of assets, to reimburse consumers
found to have been damaged, to carry out a transaction in
accordance with a consumer's reasonable expectations, to strike or
limit the application of unconscionable clauses of contracts so as
to avoid an unconscionable result, or to grant other appropriate
relief. The court may assess the expenses of a referee or receiver
against the supplier.
(C) Any moneys or property recovered by the attorney general
in an action under this section that cannot with due diligence
within five years be restored by a referee to consumers shall be
unclaimed funds reportable under Chapter 169. of the Revised Code.
(D) In addition to the other remedies provided in this
section, if the violation is an act or practice that was declared
to be unfair, deceptive, or unconscionable by rule adopted
pursuant to division (B)(2) of section 1345.05 of the Revised Code
before the consumer transaction on which the action is based
occurred or an act or practice that was determined by a court of
this state to violate section 1345.02, 1345.03, or 1345.031 of the
Revised Code and committed after the decision containing the
court's determination was made available for public inspection
pursuant to division (A)(3) of section 1345.05 of the Revised
Code, the attorney general may request and the court may impose a
civil penalty of not more than twenty-five thousand dollars
against the supplier. The civil penalties shall be paid as
provided in division (G) of this section.
(E) No action may be brought by the attorney general under
this section to recover for a transaction more than two years
after the occurrence of a violation.
(F) If a court determines that provision has been made for
reimbursement or other appropriate corrective action, insofar as
practicable, with respect to all consumers damaged by a violation,
or in any other appropriate case, the attorney general, with court
approval, may terminate enforcement proceedings brought by the
attorney general upon acceptance of an assurance from the supplier
of voluntary compliance with Chapter 1345. of the Revised Code,
with respect to the alleged violation. The assurance shall be
filed with the court and entered as a consent judgment. Except as
provided in division (A) of section 1345.10 of the Revised Code, a
consent judgment is not evidence of prior violation of such
chapter. Disregard of the terms of a consent judgment entered upon
an assurance shall be treated as a violation of an injunction
issued under this section.
(G) Civil penalties ordered pursuant to divisions (A) and (D)
of this section shall be paid as follows: one-fourth of the amount
to the treasurer of the county in which the action is brought and
three-fourths to the consumer protection enforcement fund created
by section 1345.51 of the Revised Code.
(H) The remedies available to the attorney general under this
section are cumulative and concurrent, and the exercise of one
remedy by the attorney general does not preclude or require the
exercise of any other remedy. The attorney general is not required
to use any procedure set forth in section 1345.06 of the Revised
Code prior to the exercise of any remedy set forth in this
section.
Sec. 1345.21. As used in sections 1345.21 to 1345.28 of the
Revised Code:
(A) "Home solicitation sale" means a sale of consumer goods
or services in which the seller or a person acting for the seller
engages in a personal solicitation of the sale at a residence of
the buyer, including solicitations in response to or following an
invitation by the buyer, and the buyer's agreement or offer to
purchase is there given to the seller or a person acting for the
seller, or in which the buyer's agreement or offer to purchase is
made at a place other than the seller's place of business. It does
not include a transaction or transactions in which:
(1) The total purchase price to be paid by the buyer, whether
under single or multiple contracts, is less than twenty-five
dollars;
(2) The transaction was conducted and consummated entirely by
mail or by telephone if initiated by the buyer, and without any
other contact between the seller or the seller's representative
prior to the delivery of goods or performance of the service;
(3) The final agreement is made pursuant to prior
negotiations in the course of a visit by the buyer to a retail
business establishment having a fixed permanent location where the
goods are exhibited or the services are offered for sale on a
continuing basis;
(4) The buyer initiates the contact between the parties for
the purpose of negotiating a purchase and the seller has a
business establishment at a fixed location in this state where the
goods or services involved in the transaction are regularly
offered or exhibited for sale.
Advertisements by such a seller in newspapers, magazines,
catalogues, radio, or television do not constitute the seller
initiation of the contact.
(5) The buyer initiates the contact between the parties, the
goods or services are needed to meet a bona fide immediate
personal emergency of the buyer which will jeopardize the welfare,
health, or safety of natural persons, or endanger property which
the buyer owns or for which the buyer is responsible, and the
buyer furnishes the seller with a separate, dated, and signed
statement in the buyer's handwriting describing the situation
requiring immediate remedy and expressly acknowledging and waiving
the right to cancel the sale within three business days;
(6) The buyer has initiated the contact between the parties
and specifically requested the seller to visit the buyer's home
for the purpose of repairing or performing maintenance upon the
buyer's personal property. If, in the course of such a visit, the
seller sells the buyer additional services or goods other than
replacement parts necessarily used in performing the maintenance
or in making the repairs, the sale of those additional goods or
services does not fall within this exclusion.
(7) The buyer is accorded the right of rescission by the
"Consumer Credit Protection Act," (1968) 82 Stat. 152, 15 U.S.C.
1635, or regulations adopted pursuant to it.
(B) "Sale" includes a lease or rental.
(C) "Seller" includes a lessor or anyone offering goods for
rent.
(D) "Buyer" includes a lessee or anyone who gives a
consideration for the privilege of using goods.
(E) "Consumer goods or services" means goods or services
purchased, leased, or rented primarily for personal, family, or
household purposes, including courses or instruction or training
regardless of the purpose for which they are taken.
(F) "Consumer goods or services" does not include goods or
services pertaining to any of the following:
(1) Sales or rentals of real property by a real estate broker
or salesperson, or by a foreign real estate dealer or salesperson,
who is licensed by the Ohio real estate commission under Chapter
4735. of the Revised Code;
(2) The sale of securities or commodities by a broker-dealer
registered with the securities and exchange commission;
(3) The sale of securities or commodities by a securities
dealer or salesperson licensed by the division of securities under
Chapter 1707. of the Revised Code;
(4) The sale of insurance by a person licensed by the
superintendent of insurance;
(5) Goods sold or services provided by automobile dealers and
salespersons licensed by the registrar of motor vehicles under
Chapter 4517. of the Revised Code;
(6) The sale of property at an auction by an auctioneer
licensed by the department of agriculture under Chapter 4707. of
the Revised Code.
(G) "Purchase price" means the total cumulative price of the
consumer goods or services, including all interest and service
charges.
(H) "Place of business" means the main office, or a permanent
branch office or permanent local address of a seller.
(I) "Business day" means any calendar day except Sunday, or
the following business holidays: New Year's day,
Martin Luther
King day, Presidents' day, Memorial day, Independence day, Labor
day, Columbus day, Veterans day, Thanksgiving day, and Christmas
day.
Sec. 1345.22. In addition to any right otherwise to revoke
an offer, the buyer has the right to cancel a home solicitation
sale until midnight of the third business day after the day on
which the buyer signs an agreement or offer to purchase.
Cancellation is evidenced by the buyer giving written notice of
cancellation to the seller at the seller's address, electronic
mail address, or facsimile number stated in the agreement or offer
to purchase. The buyer
may shall deliver the notice by certified
mail delivery, return receipt requested,
telegram, manual
delivery, or other personal delivery, facsimile transmission, or
electronic mail. Written notice Notice of cancellation
by
certified mail shall be effective upon the date of post marking.
Telegram delivery is effective when the telegram is ordered.
Manual delivery or other personal delivery is effective when
delivered to the seller or to the seller's address, whichever
comes first.
Facsimile delivery is effective when the facsimile
transmission has been sent to the seller's facsimile number and
the consumer has received confirmation of the facsimile
transmission. Electronic mail delivery is effective when the
electronic mail has been sent to the seller's electronic mail
address. Notice of cancellation need not take a particular form
and is sufficient if it indicates, by any form of written
expression, the intention of the buyer not to be bound by the home
solicitation sale. Notice of buyer's right to cancel must appear
on all notes or other evidence of indebtedness given pursuant to
any home solicitation sale.
Where a home solicitation sale requires a seller to provide
services, he the seller shall not commence performance of such
services during the time in which the buyer may cancel.
Sec. 1345.23. (A) Every home solicitation sale shall be
evidenced by a written agreement or offer to purchase in the same
language as that principally used in the oral sales presentation
and shall contain the name and address of the seller. The seller
shall present the writing to the buyer and obtain the buyer's
signature to it. The writing shall state the date on which the
buyer actually signs. The seller shall leave with the buyer a copy
of the writing which has been signed by the seller and complies
with division (B) of this section.
(B) In connection with every home
soliciation
solicitation
sale:
(1) The following statement shall appear clearly and
conspicuously on the copy of the contract left with the buyer in
bold-face type of the minimum size of ten points, in substantially
the following form and in immediate proximity to the space
reserved in the contract for the signature of the buyer: "You, the
buyer, may cancel this transaction at any time prior to midnight
of the third
businesss
business day after the date of this
transaction. See the attached notice of cancellation for an
explanation of this right."
(2) A completed form, in duplicate, captioned "notice of
cancellation", shall be attached to the contract signed by the
buyer and be easily detachable, and shall contain in ten-point,
bold-face type, the following information and statements in the
same language as that used in the contract:
NOTICE OF CANCELLATION
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(enter date of transaction) |
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(Date) |
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You may cancel this transaction, without any penalty or
obligation, within three business days from the above date.
If you cancel, any property traded in, any payments made by you
under the contract or sale, and any negotiable instrument executed
by you will be returned within ten business days following receipt
by the seller of your cancellation notice, and any security
interest arising out of the transaction will be cancelled.
If you cancel, you must make available to the seller at your
residence, in substantially as good condition as when received,
any goods delivered to you under this contract or sale; or you may
if you wish, comply with the instructions of the seller regarding
the return shipment of the goods at the seller's expense and risk.
If you do make the goods available to the seller and the seller
does not pick them up within twenty days of the date of your
notice of cancellation, you may retain or dispose of the goods
without any further obligation. If you fail to make the goods
available to the seller, or if you agree to return the goods to
the seller and fail to do so, then you remain liable for
performance of all obligations under the contract.
To cancel this transaction, mail, with return receipt requested,
or deliver, in person or manually, a signed and dated copy of this
cancellation notice or any other written notice of cancellation,
or send a telegram notice by facsimile transmission or electronic
mail, to ............... (Name of seller), at ...............
(address, electronic mail address, or facsimile number of seller's
place of business) not later than midnight of ........ (Date)
I hereby cancel this transaction.
............... |
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Date |
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(Buyer's signature) |
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(3) Before furnishing copies of the notice of cancellation to
the buyer, the seller shall complete both copies by entering the
name of the seller, the address, electronic mail address, or
facsimile number of the seller's place of business, the date of
the transaction which is the date the buyer signed the contract
and the date, not earlier than the third business day following
the date of the transaction, by which the buyer may give notice of
cancellation.
(4) A home solicitation sales contract which contains the
notice of buyer's right to cancel and notice of cancellation in
the form and language provided in the federal trade commission's
trade regulation rule providing a cooling-off period for
door-to-door sales shall be deemed to comply with the requirements
of divisions (B)(1), (2), and (3) of this section with respect to
the form and language of such notices so long as the federal trade
commission language provides at least equal information to the
consumer concerning
his
the consumer's right to cancel as is
required by divisions (B)(1), (2), and (3) of this section.
(C) Until the seller has complied with divisions (A) and (B)
of this section the buyer may cancel the home solicitation sale by
notifying delivering to the seller by mailing, delivering, or
telegraphing certified mail, return receipt requested, personal or
manual delivery, facsimile transmission, or electronic mail,
written notice to the seller of
his
the buyer's intention to
cancel. The three-day period prescribed by section 1345.22 of the
Revised Code begins to run from the time the seller complies with
divisions (A) and (B) of this section.
(D) In connection with any home solicitation sale, no seller
shall:
(1) Include in any home solicitation sales contract, any
confession of judgment or any waiver of any rights to which the
buyer is entitled under this section, including specifically
his
the buyer's right to cancel the sale in accordance with this
section.
(2) Fail to inform each buyer orally, at the time
he signs
of
signing the contract for the goods or services, of
his
the buyer's
right to cancel.
(3) Misrepresent in any manner the buyer's right to cancel.
(4) Fail or refuse to honor any valid notice of cancellation
by a buyer and within ten business days after receipt of such
notice to:
(a) Refund all payments made under the contract or sale;
(b) Return any goods or property traded in, in substantially
as good condition as when received by the seller;
(c) Cancel and return any note, negotiable instrument, or
other evidence of indebtedness executed by the buyer in connection
with the contract or sale and take any action necessary or
appropriate to reflect the termination of any security interest or
lien created under the sale or offer to purchase.
(5) Negotiate, transfer, sell, or assign any note or other
evidence of indebtedness to a finance company or other third party
prior to midnight of the fifth business day following the day the
contract for the goods or services was signed.
(6) Fail to notify the buyer, within ten business days of
receipt of the buyer's notice of cancellation, whether the seller
intends to repossess or abandon any shipped or delivered goods.
Sec. 1345.24. In a home solicitation sale, the seller shall
retain, for the period in which an action to enforce the sale
could be commenced, any notice of cancellation made pursuant to
section 1345.22 of the Revised Code. The seller shall also retain
the any envelope in which any a notice of cancellation is sent or
delivered. If the date of delivery is not indicated or recorded on
the notice of cancellation or on the envelope, the seller shall
record the date of delivery on the notice of cancellation.
Sec. 1345.43. (A) In addition to any right otherwise to
revoke an offer or to terminate or cancel a sale or contract, the
buyer has the right to cancel a prepaid entertainment contract
until midnight of the third business day after the date on which
the first service under the contract is available, and if the
facility or service that is the subject of the contract is not
available at the time that the buyer signs the contract, the buyer
has until midnight of the seventh business day after the date on
which the first service under the contract is available to cancel
the contract. Cancellation is evidenced by the buyer giving
written notice of cancellation to the seller at the address of any
facility available for use by the buyer under the contract, the
seller's electronic mail address, or the seller's facsimile
number. The buyer shall deliver the notice by telegram, manual
delivery, personal delivery, or by certified mail delivery, return
receipt requested, electronic mail, or facsimile transmission.
Notice of cancellation by certified mail delivery shall be
effective upon the date of post marking.
Telegram Electronic mail
delivery is effective when the telegram electronic mail is
ordered sent to the seller's electronic mail address. Facsimile
delivery is effective when the facsimile is sent to the seller's
facsimile number and the consumer has received confirmation of the
facsimile transmission. Manual delivery or personal delivery is
effective when delivered to the seller or to the seller's address,
whichever comes first. Notice of cancellation need not take a
particular form and is sufficient if it indicates, by any form of
written expression, the intention of the buyer not to be bound by
the contract. Notice of the buyer's right to cancel must appear on
all notes or other evidence of indebtedness given pursuant to any
prepaid entertainment contract.
Sec. 1345.44. (A) Every prepaid entertainment contract shall
state the date on which the buyer actually signs. The seller shall
give the buyer a copy of the contract that has been signed by the
seller and complies with division (B) of this section.
(B) All of the following apply to any prepaid entertainment
contract:
(1) A completed form, in duplicate, captioned "notice of
cancellation," shall be attached to the contract signed by the
buyer and be easily detachable and shall contain in ten-point
boldface type, the following statement:
"NOTICE OF CANCELLATION
(Enter date of contract)
...........................................................
(Date)
You may cancel this contract for any reason at any time prior
to midnight of the third business day after the date on which the
first service under the contract is available, and if the facility
or services that is the subject of the contract is not available
when you sign the contract, you may cancel the contract at any
time prior to midnight of the seventh business day after the date
on which you receive your first service under the contract. If you
cancel within this period, the seller must send you a full refund
of any money you have paid, except that a reasonable expense fee
not to exceed ten dollars may be charged if you have received your
first service under the contract. The seller must also cancel and
return to you within twenty business days any papers that you have
signed.
To cancel this contract you must deliver in person, manually,
or by certified mail, return receipt requested, or by facsimile
transmission, the signed and dated copy of this cancellation
notice or any other written notice of cancellation, or send a
telegram an electronic mail message, to (name of seller), at (the
address of any facility
of the seller available for use by
you
the buyer, the seller's facsimile number, or the seller's
electronic mail address) not later than midnight of the third
business day after the date on which the first service under the
contract is available, and if the facility or service that is the
subject of the contract is not available when the contract was
signed, not later than midnight of the seventh business day after
the date on which the first service under the contract is
available.
I hereby cancel this contract.
(2) Before furnishing copies of the notice of cancellation to
the buyer, the seller shall complete both copies by entering the
name of the seller, the address of the seller's place of business
facility available for use by the buyer, the seller's facsimile
number, or the seller's electronic mail address, and the date of
the contract.
(C) Until the seller has complied with this section, the
buyer may cancel the contract by delivering to the seller by
certified mail, personal or manual delivery, facsimile
transmission, or telegraphing electronic mail, written notice to
the seller of
his the buyer's intention to cancel. The period
within which the buyer may cancel the contract prescribed by this
section begins to run from the time of the seller complies with
divisions (A) and (B) of this section.
(D) In any prepaid entertainment contract no seller shall:
(1) Include in any contract, any confession of judgment or
any waiver of any rights to which the buyer is entitled under this
section, including specifically his the right to cancel the
contract in accordance with this section;
(2) Fail to inform each buyer orally, at the time he signs
of
signing the contract, of his the right to cancel;
(3) Misrepresent in any manner the buyer's right to cancel;
(4) Fail or refuse to honor any valid notice of cancellation
by a buyer and within ten business days after receipt of the
notice to:
(a) Refund all payments made under the contract, except that
if the buyer has received his the buyer's first service under the
contract the seller may retain or bill the buyer for ten dollars;
(b) Cancel and return any note, negotiable instrument, or
other evidence of indebtedness executed by the buyer in connection
with the contract and take any action necessary to reflect the
termination of any security interest or lien created under the
contract;
(c) Notify the buyer if the seller intends to repossess or
abandon any evidence of membership or other goods provided to the
buyer by the seller pursuant to the contract.
(E) If there is in effect an earlier prepaid entertainment
contract, this section and section 1345.43 of the Revised Code
apply to a transaction in which the seller and the buyer enter
into a new prepaid entertainment contract, or a modification of
the earlier contract.
Sec. 2151.419. (A)(1) Except as provided in division (A)(2)
of this section, at any hearing held pursuant to section 2151.28,
division (E) of section 2151.31, or section 2151.314, 2151.33, or
2151.353 of the Revised Code at which the court removes a child
from the child's home or continues the removal of a child from the
child's home, the court shall determine whether the public
children services agency or private child placing agency that
filed the complaint in the case, removed the child from home, has
custody of the child, or will be given custody of the child has
made reasonable efforts to prevent the removal of the child from
the child's home, to eliminate the continued removal of the child
from the child's home, or to make it possible for the child to
return safely home. The agency shall have the burden of proving
that it has made those reasonable efforts. If the agency removed
the child from home during an emergency in which the child could
not safely remain at home and the agency did not have prior
contact with the child, the court is not prohibited, solely
because the agency did not make reasonable efforts during the
emergency to prevent the removal of the child, from determining
that the agency made those reasonable efforts. In determining
whether reasonable efforts were made, the child's health and
safety shall be paramount.
(2) If any of the following apply, the court shall make a
determination that the agency is not required to make reasonable
efforts to prevent the removal of the child from the child's home,
eliminate the continued removal of the child from the child's
home, and return the child to the child's home:
(a) The parent from whom the child was removed has been
convicted of or pleaded guilty to one of the following:
(i) An offense under section 2903.01, 2903.02, or 2903.03 of
the Revised Code or under an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense was a sibling of the child or the victim was
another child who lived in the parent's household at the time of
the offense;
(ii) An offense under section 2903.11, 2903.12, or 2903.13 of
the Revised Code or under an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense is the child, a sibling of the child, or
another child who lived in the parent's household at the time of
the offense;
(iii) An offense under division (B)(2) of section 2919.22 of
the Revised Code or under an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to the offense described in that section and the child,
a sibling of the child, or another child who lived in the parent's
household at the time of the offense is the victim of the offense;
(iv) An offense under section 2907.02, 2907.03, 2907.04,
2907.05, or 2907.06 of the Revised Code or under an existing or
former law of this state, any other state, or the United States
that is substantially equivalent to an offense described in those
sections and the victim of the offense is the child, a sibling of
the child, or another child who lived in the parent's household at
the time of the offense;
(v) A conspiracy or attempt to commit, or complicity in
committing, an offense described in division (A)(2)(a)(i) or (iv)
of this section;
(vi) An offense under section 2905.32 of the Revised Code or
under an existing or former law of this state, any other state, or
the United States that is substantially equivalent to the offense
described in that section and the child, a sibling of the child,
or another child who lived in the parent's household at the time
of the offense is the victim of the offense.
(b) The parent from whom the child was removed has repeatedly
withheld medical treatment or food from the child when the parent
has the means to provide the treatment or food. If the parent has
withheld medical treatment in order to treat the physical or
mental illness or defect of the child by spiritual means through
prayer alone, in accordance with the tenets of a recognized
religious body, the court or agency shall comply with the
requirements of division (A)(1) of this section.
(c) The parent from whom the child was removed has placed the
child at substantial risk of harm two or more times due to alcohol
or drug abuse and has rejected treatment two or more times or
refused to participate in further treatment two or more times
after a case plan issued pursuant to section 2151.412 of the
Revised Code requiring treatment of the parent was journalized as
part of a dispositional order issued with respect to the child or
an order was issued by any other court requiring such treatment of
the parent.
(d) The parent from whom the child was removed has abandoned
the child.
(e) The parent from whom the child was removed has had
parental rights involuntarily terminated with respect to a sibling
of the child pursuant to section 2151.353, 2151.414, or 2151.415
of the Revised Code or under an existing or former law of this
state, any other state, or the United States that is substantially
equivalent to those sections.
(3) At any hearing in which the court determines whether to
return a child to the child's home, the court may issue an order
that returns the child in situations in which the conditions
described in divisions (A)(2)(a) to (e) of this section are
present.
(B)(1) A court that is required to make a determination as
described in division (A)(1) or (2) of this section shall issue
written findings of fact setting forth the reasons supporting its
determination. If the court makes a written determination under
division (A)(1) of this section, it shall briefly describe in the
findings of fact the relevant services provided by the agency to
the family of the child and why those services did not prevent the
removal of the child from the child's home or enable the child to
return safely home.
(2) If a court issues an order that returns the child to the
child's home in situations in which division (A)(2)(a), (b), (c),
(d), or (e) of this section applies, the court shall issue written
findings of fact setting forth the reasons supporting its
determination.
(C) If the court makes a determination pursuant to division
(A)(2) of this section, the court shall conduct a review hearing
pursuant to section 2151.417 of the Revised Code to approve a
permanency plan with respect to the child, unless the court issues
an order returning the child home pursuant to division (A)(3) of
this section. The hearing to approve the permanency plan may be
held immediately following the court's determination pursuant to
division (A)(2) of this section and shall be held no later than
thirty days following that determination.
Sec. 2743.191. (A)(1) There is hereby created in the state
treasury the reparations fund, which shall be used only for the
following purposes:
(a) The payment of awards of reparations that are granted by
the attorney general;
(b) The compensation of any personnel needed by the attorney
general to administer sections 2743.51 to 2743.72 of the Revised
Code;
(c) The compensation of witnesses as provided in division (J)
of section 2743.65 of the Revised Code;
(d) Other administrative costs of hearing and determining
claims for an award of reparations by the attorney general;
(e) The costs of administering sections 2907.28 and 2969.01
to 2969.06 of the Revised Code;
(f) The costs of investigation and decision-making as
certified by the attorney general;
(g) The provision of state financial assistance to victim
assistance programs in accordance with sections 109.91 and 109.92
of the Revised Code;
(h) The costs of paying the expenses of sex offense-related
examinations and antibiotics pursuant to section 2907.28 of the
Revised Code;
(i) The cost of printing and distributing the pamphlet
prepared by the attorney general pursuant to section 109.42 of the
Revised Code;
(j) Subject to division (D) of section 2743.71 of the Revised
Code, the costs associated with the printing and providing of
information cards or other printed materials to law enforcement
agencies and prosecuting authorities and with publicizing the
availability of awards of reparations pursuant to section 2743.71
of the Revised Code;
(k) The payment of costs of administering a DNA specimen
collection procedure pursuant to sections 2152.74 and 2901.07 of
the Revised Code, of performing DNA analysis of those DNA
specimens, and of entering the resulting DNA records regarding
those analyses into the DNA database pursuant to section 109.573
of the Revised Code;
(l) The payment of actual costs associated with initiatives
by the attorney general for the apprehension, prosecution, and
accountability of offenders, and the enhancing of services to
crime victims. The amount of payments made pursuant to division
(A)(1)(l) of this section during any given fiscal year shall not
exceed five per cent of the balance of the reparations fund at the
close of the immediately previous fiscal year;
(m) The costs of administering the adult parole authority's
supervision pursuant to division (E) of section 2971.05 of the
Revised Code of sexually violent predators who are sentenced to a
prison term pursuant to division (A)(3) of section 2971.03 of the
Revised Code and of offenders who are sentenced to a prison term
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or
(c), or (B)(3)(a), (b), (c), or (d) of that section;
(n) Subject to the limit set forth in those sections, the
costs of the installation and monitoring of an electronic
monitoring device used in the monitoring of a respondent pursuant
to an electronic monitoring order issued by a court under division
(E)(1)(b) of section 2151.34 or division (E)(1)(b) of section
2903.214 of the Revised Code if the court determines that the
respondent is indigent or used in the monitoring of an offender
pursuant to an electronic monitoring order issued under division
(B)(5) of section 2919.27 of the Revised Code if the court
determines that the offender is indigent.
(2) All costs paid pursuant to section 2743.70 of the Revised
Code, the portions of license reinstatement fees mandated by
division (F)(2)(b) of section 4511.191 of the Revised Code to be
credited to the fund, the portions of the proceeds of the sale of
a forfeited vehicle specified in division (C)(2) of section
4503.234 of the Revised Code, payments collected by the department
of rehabilitation and correction from prisoners who voluntarily
participate in an approved work and training program pursuant to
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and
all moneys collected by the state pursuant to its right of
subrogation provided in section 2743.72 of the Revised Code shall
be deposited in the fund.
(B) In making an award of reparations, the attorney general
shall render the award against the state. The award shall be
accomplished only through the following procedure, and the
following procedure may be enforced by writ of mandamus directed
to the appropriate official:
(1) The attorney general shall provide for payment of the
claimant or providers in the amount of the award only if the
amount of the award is fifty dollars or more.
(2) The expense shall be charged against all available
unencumbered moneys in the fund.
(3) If sufficient unencumbered moneys do not exist in the
fund, the attorney general shall make application for payment of
the award out of the emergency purposes account or any other
appropriation for emergencies or contingencies, and payment out of
this account or other appropriation shall be authorized if there
are sufficient moneys greater than the sum total of then pending
emergency purposes account requests or requests for releases from
the other appropriations.
(4) If sufficient moneys do not exist in the account or any
other appropriation for emergencies or contingencies to pay the
award, the attorney general shall request the general assembly to
make an appropriation sufficient to pay the award, and no payment
shall be made until the appropriation has been made. The attorney
general shall make this appropriation request during the current
biennium and during each succeeding biennium until a sufficient
appropriation is made. If, prior to the time that an appropriation
is made by the general assembly pursuant to this division, the
fund has sufficient unencumbered funds to pay the award or part of
the award, the available funds shall be used to pay the award or
part of the award, and the appropriation request shall be amended
to request only sufficient funds to pay that part of the award
that is unpaid.
(C) The attorney general shall not make payment on a decision
or order granting an award until all appeals have been determined
and all rights to appeal exhausted, except as otherwise provided
in this section. If any party to a claim for an award of
reparations appeals from only a portion of an award, and a
remaining portion provides for the payment of money by the state,
that part of the award calling for the payment of money by the
state and not a subject of the appeal shall be processed for
payment as described in this section.
(D) The attorney general shall prepare itemized bills for the
costs of printing and distributing the pamphlet the attorney
general prepares pursuant to section 109.42 of the Revised Code.
The itemized bills shall set forth the name and address of the
persons owed the amounts set forth in them.
(E) Interest earned on the moneys in the fund shall be
credited to the fund.
(F) As used in this section, "DNA analysis" and "DNA
specimen" have the same meanings as in section 109.573 of the
Revised Code.
Sec. 2743.56. (A) A claim for an award of reparations shall
be commenced by filing an application for an award of reparations
with the attorney general. The application may be filed by mail.
If the application is filed by mail, the post-marked date of the
application shall be considered the filing date of the
application. The application shall be in a form prescribed by the
attorney general and shall include a release authorizing the
attorney general and the court of claims to obtain any report,
document, or information that relates to the determination of the
claim for an award of reparations that is requested in the
application.
(B) All applications for an award of reparations shall may be
filed as follows:
(1) If the victim of the criminally injurious conduct was a
minor, within two years of the victim's eighteenth birthday or
within two years from the date a complaint, indictment, or
information is filed against the alleged offender, whichever is
later. This division does not require that a complaint,
indictment, or information be filed against an alleged offender in
order for an application for an award of reparations to be filed
pertaining to a victim who was a minor if the application is filed
within two years of the victim's eighteenth birthday, and does not
affect the provisions of section 2743.64 of the Revised Code.
(2) If the victim of the criminally injurious conduct was an
adult, at any time after the occurrence of the criminally
injurious conduct.
Sec. 2743.71. (A) Any law enforcement agency that
investigates, and any prosecuting attorney, city director of law,
village solicitor, or similar prosecuting authority who
prosecutes, an offense committed in this state shall, upon first
contact with the victim or the victim's family or dependents, give
the victim or the victim's family or dependents a copy of an
information card or other printed material provided by the
attorney general pursuant to division (B) of this section and
explain, upon request, the information on the card or material to
the victim or the victim's family or dependents.
(B) The attorney general shall have printed, and shall
provide to law enforcement agencies, prosecuting attorneys, city
directors of law, village solicitors, and similar prosecuting
authorities, cards or other materials that contain information
explaining awards of reparations. The information on the cards or
other materials shall include, but shall not be limited to, the
following statements:
(1) Awards of reparations are limited to losses that are
caused by physical injury resulting from criminally injurious
conduct;
(2) Reparations applications are required to may be filed
within two years at any time after the date occurrence of the
criminally injurious conduct if the victim was an adult, or within
the period provided by division (C)(1) of section 2743.56 of the
Revised Code if the victim of the criminally injurious conduct was
a minor;
(3) An attorney who represents an applicant for an award of
reparations cannot charge the applicant for the services rendered
in relation to that representation but is required to apply to the
attorney general for payment for the representation;
(4) Applications for awards of reparations may be obtained
from the attorney general, law enforcement agencies, and victim
assistance agencies and are to be filed with the attorney general.
(C) The attorney general may order that a reasonable amount
of money be paid out of the reparations fund, subject to the
limitation imposed by division (D) of this section, for use by the
attorney general to publicize the availability of awards of
reparations.
(D) During any fiscal year, the total expenditure for the
printing and providing of information cards or other materials
pursuant to division (B) of this section and for the publicizing
of the availability of awards of reparations pursuant to division
(C) of this section shall not exceed two per cent of the total of
all court costs deposited, in accordance with section 2743.70 of
the Revised Code, in the reparations fund during the immediately
preceding fiscal year.
Sec. 2746.02. A court of record of this state shall tax as
costs or otherwise require the payment of fees for the following
services rendered, as compensation for the following persons, or
as part of the sentence imposed by the court, or any other of the
following fees that are applicable in a particular case:
(A) In a felony case, financial sanctions, as provided in
section 2929.18 of the Revised Code;
(B) In any criminal case, the costs of prosecution, as
provided in section 2947.23 of the Revised Code;
(C) In a misdemeanor case in which the offender is sentenced
to a jail term, the local detention facility is covered by a
policy adopted by the facility's governing authority requiring
reimbursement for the costs of confinement, and the offender is
presented with an itemized bill pursuant to section 2929.37 of the
Revised Code for such costs, the costs of confinement, as provided
in section 2929.24 of the Revised Code;
(D) In a case in which an offender is sentenced for
endangering children in violation of section 2919.22 of the
Revised Code, the costs of the offender's supervised community
service work, as provided in section 2919.22 of the Revised Code;
(E) In a case in which a defendant is charged with any of
certain sexual assault or prostitution-related offenses and is
found to be suffering from a venereal disease in an infectious
stage, the cost of medical treatment, as provided in section
2907.27 of the Revised Code;
(F) In a case in which a defendant is charged with harassment
with a bodily substance, the cost of medical testing, as provided
in section 2921.38 of the Revised Code;
(G) In a case in which a defendant is charged with violating
a protection order in violation of section 2919.27 of the Revised
Code or of a municipal ordinance that is substantially similar to
that section, the costs of any evaluation and preceding
examination of the defendant, as provided in section 2919.271 of
the Revised Code;
(H) Presentence psychological or psychiatric reports, as
provided in section 2947.06 of the Revised Code;
(I) In a criminal proceeding, the taking of a deposition of a
person who is imprisoned in a detention facility or state
correctional institution within this state or who is in the
custody of the department of youth services, as provided in
section 2945.47 of the Revised Code;
(J) In a case in which a person is convicted of or pleads
guilty to any offense other than a parking violation or 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 other than a parking violation, additional costs and bail,
if applicable, as provided in sections 2743.70 and 2949.091 of the
Revised Code, but subject to waiver as provided in section
2949.092 of the Revised Code;
(K) In a case in which a person is convicted of or pleads
guilty to a moving violation or in which a child is found to be a
juvenile traffic offender for an act which, if committed by an
adult, would be a moving violation, additional costs and bail, if
applicable, as provided in sections 2949.093 and 2949.094 of the
Revised Code, but subject to waiver as provided in section
2949.092 of the Revised Code;
(L) In a case in which a defendant is convicted of abandoning
a junk vessel or outboard motor without notifying the appropriate
law enforcement officer, the cost incurred by the state or a
political subdivision in disposing of the vessel or motor, as
provided in section 1547.99 of the Revised Code;
(M) The costs of electronic monitoring in the following
cases:
(1) In a misdemeanor case in which the offender is convicted
of any of certain prostitution-related offenses and a
specification under section 2941.1421 of the Revised Code, as
provided in section 2929.24 of the Revised Code;
(2) In a case in which the court issues a criminal protection
order against a minor upon a petition alleging that the respondent
committed any of certain assault, menacing, or trespass offenses,
a sexually oriented offense, or an offense under a municipal
ordinance that is substantially equivalent to any of those
offenses, as provided in section 2151.34 of the Revised Code;
(3) In a case in which the court issues a protection order
against an adult upon a petition alleging that the respondent
committed menacing by stalking or a sexually oriented offense, as
provided in section 2903.214 of the Revised Code;
(4) In a case in which an offender is convicted of violating
a protection order, as provided in section 2919.27 of the Revised
Code;
(5) In a case in which the offender is convicted of any
sexually oriented offense and is a tier III sex
offender/child-victim offender relative to that offense, as
provided in section 2929.13 of the Revised Code.
(N) In a proceeding for post-conviction relief, a transcript,
as provided in section 2953.21 of the Revised Code;
(O) In a proceeding for the sealing of a conviction record,
the fee fees provided for in section 2953.32 of the Revised Code.
Sec. 2901.01. (A) As used in the Revised Code:
(1) "Force" means any violence, compulsion, or constraint
physically exerted by any means upon or against a person or thing.
(2) "Deadly force" means any force that carries a substantial
risk that it will proximately result in the death of any person.
(3) "Physical harm to persons" means any injury, illness, or
other physiological impairment, regardless of its gravity or
duration.
(4) "Physical harm to property" means any tangible or
intangible damage to property that, in any degree, results in loss
to its value or interferes with its use or enjoyment. "Physical
harm to property" does not include wear and tear occasioned by
normal use.
(5) "Serious physical harm to persons" means any of the
following:
(a) Any mental illness or condition of such gravity as would
normally require hospitalization or prolonged psychiatric
treatment;
(b) Any physical harm that carries a substantial risk of
death;
(c) Any physical harm that involves some permanent
incapacity, whether partial or total, or that involves some
temporary, substantial incapacity;
(d) Any physical harm that involves some permanent
disfigurement or that involves some temporary, serious
disfigurement;
(e) Any physical harm that involves acute pain of such
duration as to result in substantial suffering or that involves
any degree of prolonged or intractable pain.
(6) "Serious physical harm to property" means any physical
harm to property that does either of the following:
(a) Results in substantial loss to the value of the property
or requires a substantial amount of time, effort, or money to
repair or replace;
(b) Temporarily prevents the use or enjoyment of the property
or substantially interferes with its use or enjoyment for an
extended period of time.
(7) "Risk" means a significant possibility, as contrasted
with a remote possibility, that a certain result may occur or that
certain circumstances may exist.
(8) "Substantial risk" means a strong possibility, as
contrasted with a remote or significant possibility, that a
certain result may occur or that certain circumstances may exist.
(9) "Offense of violence" means any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,
2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03,
2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11,
2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04,
2921.34, or 2923.161, of division (A)(1) of section 2903.34, of
division (A)(1), (2), or (3) of section 2911.12, or of division
(B)(1), (2), (3), or (4) of section 2919.22 of the Revised Code or
felonious sexual penetration in violation of former section
2907.12 of the Revised Code;
(b) A violation of an existing or former municipal ordinance
or law of this or any other state or the United States,
substantially equivalent to any section, division, or offense
listed in division (A)(9)(a) of this section;
(c) An offense, other than a traffic offense, under an
existing or former municipal ordinance or law of this or any other
state or the United States, committed purposely or knowingly, and
involving physical harm to persons or a risk of serious physical
harm to persons;
(d) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (A)(9)(a), (b), or (c) of
this section.
(10)(a) "Property" means any property, real or personal,
tangible or intangible, and any interest or license in that
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service,
telecommunications devices, information service, computers, data,
computer software, financial instruments associated with
computers, other documents associated with computers, or copies of
the documents, whether in machine or human readable form, trade
secrets, trademarks, copyrights, patents, and property protected
by a trademark, copyright, or patent. "Financial instruments
associated with computers" include, but are not limited to,
checks, drafts, warrants, money orders, notes of indebtedness,
certificates of deposit, letters of credit, bills of credit or
debit cards, financial transaction authorization mechanisms,
marketable securities, or any computer system representations of
any of them.
(b) As used in division (A)(10) of this section, "trade
secret" has the same meaning as in section 1333.61 of the Revised
Code, and "telecommunications service" and "information service"
have the same meanings as in section 2913.01 of the Revised Code.
(c) As used in divisions (A)(10) and (13) of this section,
"cable television service," "computer," "computer software,"
"computer system," "computer network," "data," and
"telecommunications device" have the same meanings as in section
2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following:
(a) A sheriff, deputy sheriff, constable, police officer of a
township or joint police district, marshal, deputy marshal,
municipal police officer, member of a police force employed by a
metropolitan housing authority under division (D) of section
3735.31 of the Revised Code, or state highway patrol trooper;
(b) An officer, agent, or employee of the state or any of its
agencies, instrumentalities, or political subdivisions, upon whom,
by statute, a duty to conserve the peace or to enforce all or
certain laws is imposed and the authority to arrest violators is
conferred, within the limits of that statutory duty and authority;
(c) A mayor, in the mayor's capacity as chief conservator of
the peace within the mayor's municipal corporation;
(d) A member of an auxiliary police force organized by
county, township, or municipal law enforcement authorities, within
the scope of the member's appointment or commission;
(e) A person lawfully called pursuant to section 311.07 of
the Revised Code to aid a sheriff in keeping the peace, for the
purposes and during the time when the person is called;
(f) A person appointed by a mayor pursuant to section 737.01
of the Revised Code as a special patrolling officer during riot or
emergency, for the purposes and during the time when the person is
appointed;
(g) A member of the organized militia of this state or the
armed forces of the United States, lawfully called to duty to aid
civil authorities in keeping the peace or protect against domestic
violence;
(h) A prosecuting attorney, assistant prosecuting attorney,
secret service officer, or municipal prosecutor;
(i) A veterans' home police officer appointed under section
5907.02 of the Revised Code;
(j) A member of a police force employed by a regional transit
authority under division (Y) of section 306.35 of the Revised
Code;
(k) A special police officer employed by a port authority
under section 4582.04 or 4582.28 of the Revised Code;
(l) The house of representatives sergeant at arms if the
house of representatives sergeant at arms has arrest authority
pursuant to division (E)(1) of section 101.311 of the Revised Code
and an assistant house of representatives sergeant at arms;
(m) The senate sergeant at arms and an assistant senate
sergeant at arms;
(n) A special police officer employed by a municipal
corporation at a municipal airport, or other municipal air
navigation facility, that has scheduled operations, as defined in
section 119.3 of Title 14 of the Code of Federal Regulations, 14
C.F.R. 119.3, as amended, and that is required to be under a
security program and is governed by aviation security rules of the
transportation security administration of the United States
department of transportation as provided in Parts 1542. and 1544.
of Title 49 of the Code of Federal Regulations, as amended.
(12) "Privilege" means an immunity, license, or right
conferred by law, bestowed by express or implied grant, arising
out of status, position, office, or relationship, or growing out
of necessity.
(13) "Contraband" means any property that is illegal for a
person to acquire or possess under a statute, ordinance, or rule,
or that a trier of fact lawfully determines to be illegal to
possess by reason of the property's involvement in an offense.
"Contraband" includes, but is not limited to, all of the
following:
(a) Any controlled substance, as defined in section 3719.01
of the Revised Code, or any device or paraphernalia;
(b) Any unlawful gambling device or paraphernalia;
(c) Any dangerous ordnance or obscene material.
(14) A person is "not guilty by reason of insanity" relative
to a charge of an offense only if the person proves, in the manner
specified in section 2901.05 of the Revised Code, that at the time
of the commission of the offense, the person did not know, as a
result of a severe mental disease or defect, the wrongfulness of
the person's acts.
(B)(1)(a) Subject to division (B)(2) of this section, as used
in any section contained in Title XXIX of the Revised Code that
sets forth a criminal offense, "person" includes all of the
following:
(i) An individual, corporation, business trust, estate,
trust, partnership, and association;
(ii) An unborn human who is viable.
(b) As used in any section contained in Title XXIX of the
Revised Code that does not set forth a criminal offense, "person"
includes an individual, corporation, business trust, estate,
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section:
(i) "Unborn human" means an individual organism of the
species Homo sapiens from fertilization until live birth.
(ii) "Viable" means the stage of development of a human fetus
at which there is a realistic possibility of maintaining and
nourishing of a life outside the womb with or without temporary
artificial life-sustaining support.
(2) Notwithstanding division (B)(1)(a) of this section, in no
case shall the portion of the definition of the term "person" that
is set forth in division (B)(1)(a)(ii) of this section be applied
or construed in any section contained in Title XXIX of the Revised
Code that sets forth a criminal offense in any of the following
manners:
(a) Except as otherwise provided in division (B)(2)(a) of
this section, in a manner so that the offense prohibits or is
construed as prohibiting any pregnant woman or her physician from
performing an abortion with the consent of the pregnant woman,
with the consent of the pregnant woman implied by law in a medical
emergency, or with the approval of one otherwise authorized by law
to consent to medical treatment on behalf of the pregnant woman.
An abortion that violates the conditions described in the
immediately preceding sentence may be punished as a violation of
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22
of the Revised Code, as applicable. An abortion that does not
violate the conditions described in the second immediately
preceding sentence, but that does violate section 2919.12,
division (B) of section 2919.13, or section 2919.151, 2919.17, or
2919.18 of the Revised Code, may be punished as a violation of
section 2919.12, division (B) of section 2919.13, or section
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.
Consent is sufficient under this division if it is of the type
otherwise adequate to permit medical treatment to the pregnant
woman, even if it does not comply with section 2919.12 of the
Revised Code.
(b) In a manner so that the offense is applied or is
construed as applying to a woman based on an act or omission of
the woman that occurs while she is or was pregnant and that
results in any of the following:
(i) Her delivery of a stillborn baby;
(ii) Her causing, in any other manner, the death in utero of
a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human;
(iv) Her causing her child who is born alive to sustain one
or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity,
or a mental illness or condition, regardless of its duration or
gravity, to a viable, unborn human that she is carrying.
(C) As used in Title XXIX of the Revised Code:
(1) "School safety zone" consists of a school, school
building, school premises, school activity, and school bus.
(2) "School," "school building," and "school premises" have
the same meanings as in section 2925.01 of the Revised Code.
(3) "School activity" means any activity held under the
auspices of a board of education of a city, local, exempted
village, joint vocational, or cooperative education school
district; a governing authority of a community school established
under Chapter 3314. of the Revised Code; a governing board of an
educational service center, or the governing body of a school for
which the state board of education prescribes minimum standards
under section 3301.07 of the Revised Code.
(4) "School bus" has the same meaning as in section 4511.01
of the Revised Code.
Sec. 2923.02. (A) No person, purposely or knowingly, and
when purpose or knowledge is sufficient culpability for the
commission of an offense, shall engage in conduct that, if
successful, would constitute or result in the offense.
(B) It is no defense to a charge under this section that, in
retrospect, commission of the offense that was the object of the
attempt was either factually or legally impossible under the
attendant circumstances, if that offense could have been committed
had the attendant circumstances been as the actor believed them to
be.
(C) No person who is convicted of committing a specific
offense, of complicity in the commission of an offense, or of
conspiracy to commit an offense shall be convicted of an attempt
to commit the same offense in violation of this section.
(D) It is an affirmative defense to a charge under this
section that the actor abandoned the actor's effort to commit the
offense or otherwise prevented its commission, under circumstances
manifesting a complete and voluntary renunciation of the actor's
criminal purpose.
(E)(1) Whoever violates this section is guilty of an attempt
to commit an offense. An attempt to commit aggravated murder,
murder, or an offense for which the maximum penalty is
imprisonment for life is a felony of the first degree. An attempt
to commit a drug abuse offense for which the penalty is determined
by the amount or number of unit doses of the controlled substance
involved in the drug abuse offense is an offense of the same
degree as the drug abuse offense attempted would be if that drug
abuse offense had been committed and had involved an amount or
number of unit doses of the controlled substance that is within
the next lower range of controlled substance amounts than was
involved in the attempt. An attempt to commit any other offense is
an offense of the next lesser degree than the offense attempted.
In the case of an attempt to commit an offense other than a
violation of Chapter 3734. of the Revised Code that is not
specifically classified, an attempt is a misdemeanor of the first
degree if the offense attempted is a felony, and a misdemeanor of
the fourth degree if the offense attempted is a misdemeanor. In
the case of an attempt to commit a violation of any provision of
Chapter 3734. of the Revised Code, other than section 3734.18 of
the Revised Code, that relates to hazardous wastes, an attempt is
a felony punishable by a fine of not more than twenty-five
thousand dollars or imprisonment for not more than eighteen
months, or both. An attempt to commit a minor misdemeanor, or to
engage in conspiracy, is not an offense under this section.
(2) If a person is convicted of or pleads guilty to attempted
rape and also is convicted of or pleads guilty to a specification
of the type described in section 2941.1418, 2941.1419, or
2941.1420 of the Revised Code, the offender shall be sentenced to
a prison term or term of life imprisonment pursuant to section
2971.03 of the Revised Code.
(3) In addition to any other sanctions imposed pursuant to
division (E)(1) of this section for an attempt to commit
aggravated murder or murder in violation of division (A) of this
section, if the offender used a motor vehicle as the means to
attempt to commit the offense, the court shall impose upon the
offender a class two suspension of the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege
as specified in division (A)(2) of section 4510.02 of the Revised
Code.
(F) As used in this section:
(1) "Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code.
(2) "Motor vehicle" has the same meaning as in section
4501.01 of the Revised Code.
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the
Revised Code:
(A) "Beneficial interest" means any of the following:
(1) The interest of a person as a beneficiary under a trust
in which the trustee holds title to personal or real property;
(2) The interest of a person as a beneficiary under any other
trust arrangement under which any other person holds title to
personal or real property for the benefit of such person;
(3) The interest of a person under any other form of express
fiduciary arrangement under which any other person holds title to
personal or real property for the benefit of such person.
"Beneficial interest" does not include the interest of a
stockholder in a corporation or the interest of a partner in
either a general or limited partnership.
(B) "Costs of investigation and prosecution" and "costs of
investigation and litigation" mean all of the costs incurred by
the state or a county or municipal corporation under sections
2923.31 to 2923.36 of the Revised Code in the prosecution and
investigation of any criminal action or in the litigation and
investigation of any civil action, and includes, but is not
limited to, the costs of resources and personnel.
(C) "Enterprise" includes any individual, sole
proprietorship, partnership, limited partnership, corporation,
trust, union, government agency, or other legal entity, or any
organization, association, or group of persons associated in fact
although not a legal entity. "Enterprise" includes illicit as well
as licit enterprises.
(D) "Innocent person" includes any bona fide purchaser of
property that is allegedly involved in a violation of section
2923.32 of the Revised Code, including any person who establishes
a valid claim to or interest in the property in accordance with
division (E) of section 2981.04 of the Revised Code, and any
victim of an alleged violation of that section or of any
underlying offense involved in an alleged violation of that
section.
(E) "Pattern of corrupt activity" means two or more incidents
of corrupt activity, whether or not there has been a prior
conviction, that are related to the affairs of the same
enterprise, are not isolated, and are not so closely related to
each other and connected in time and place that they constitute a
single event.
At least one of the incidents forming the pattern shall occur
on or after January 1, 1986. Unless any incident was an aggravated
murder or murder, the last of the incidents forming the pattern
shall occur within six years after the commission of any prior
incident forming the pattern, excluding any period of imprisonment
served by any person engaging in the corrupt activity.
For the purposes of the criminal penalties that may be
imposed pursuant to section 2923.32 of the Revised Code, at least
one of the incidents forming the pattern shall constitute a felony
under the laws of this state in existence at the time it was
committed or, if committed in violation of the laws of the United
States or of any other state, shall constitute a felony under the
law of the United States or the other state and would be a
criminal offense under the law of this state if committed in this
state.
(F) "Pecuniary value" means money, a negotiable instrument, a
commercial interest, or anything of value, as defined in section
1.03 of the Revised Code, or any other property or service that
has a value in excess of one hundred dollars.
(G) "Person" means any person, as defined in section 1.59 of
the Revised Code, and any governmental officer, employee, or
entity.
(H) "Personal property" means any personal property, any
interest in personal property, or any right, including, but not
limited to, bank accounts, debts, corporate stocks, patents, or
copyrights. Personal property and any beneficial interest in
personal property are deemed to be located where the trustee of
the property, the personal property, or the instrument evidencing
the right is located.
(I) "Corrupt activity" means engaging in, attempting to
engage in, conspiring to engage in, or soliciting, coercing, or
intimidating another person to engage in any of the following:
(1) Conduct defined as "racketeering activity" under the
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;
(2) Conduct constituting any of the following:
(a) A violation of section 1315.55, 1322.02, 1331.04,
2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01,
2905.02, 2905.11, 2905.22, 2905.32 as specified in division
(I)(2)(g) of this section, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28,
2909.29, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31,
2913.05, 2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12,
2921.32, 2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of
section 1707.44; division (A)(1) or (2) of section 2923.20;
division (E) or (G) of section 3772.99; division (J)(1) of section
4712.02; section 4719.02, 4719.05, or 4719.06; division (C), (D),
or (E) of section 4719.07; section 4719.08; or division (A) of
section 4719.09 of the Revised Code.
(b) Any violation of section 3769.11, 3769.15, 3769.16, or
3769.19 of the Revised Code as it existed prior to July 1, 1996,
any violation of section 2915.02 of the Revised Code that occurs
on or after July 1, 1996, and that, had it occurred prior to that
date, would have been a violation of section 3769.11 of the
Revised Code as it existed prior to that date, or any violation of
section 2915.05 of the Revised Code that occurs on or after July
1, 1996, and that, had it occurred prior to that date, would have
been a violation of section 3769.15, 3769.16, or 3769.19 of the
Revised Code as it existed prior to that date.
(c) Any violation of section 2907.21, 2907.22, 2907.31,
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37
of the Revised Code, any violation of section 2925.11 of the
Revised Code that is a felony of the first, second, third, or
fourth degree and that occurs on or after July 1, 1996, any
violation of section 2915.02 of the Revised Code that occurred
prior to July 1, 1996, any violation of section 2915.02 of the
Revised Code that occurs on or after July 1, 1996, and that, had
it occurred prior to that date, would not have been a violation of
section 3769.11 of the Revised Code as it existed prior to that
date, any violation of section 2915.06 of the Revised Code as it
existed prior to July 1, 1996, or any violation of division (B) of
section 2915.05 of the Revised Code as it exists on and after July
1, 1996, when the proceeds of the violation, the payments made in
the violation, the amount of a claim for payment or for any other
benefit that is false or deceptive and that is involved in the
violation, or the value of the contraband or other property
illegally possessed, sold, or purchased in the violation exceeds
one thousand dollars, or any combination of violations described
in division (I)(2)(c) of this section when the total proceeds of
the combination of violations, payments made in the combination of
violations, amount of the claims for payment or for other benefits
that is false or deceptive and that is involved in the combination
of violations, or value of the contraband or other property
illegally possessed, sold, or purchased in the combination of
violations exceeds one thousand dollars;
(d) Any violation of section 5743.112 of the Revised Code
when the amount of unpaid tax exceeds one hundred dollars;
(e) Any violation or combination of violations of section
2907.32 of the Revised Code involving any material or performance
containing a display of bestiality or of sexual conduct, as
defined in section 2907.01 of the Revised Code, that is explicit
and depicted with clearly visible penetration of the genitals or
clearly visible penetration by the penis of any orifice when the
total proceeds of the violation or combination of violations, the
payments made in the violation or combination of violations, or
the value of the contraband or other property illegally possessed,
sold, or purchased in the violation or combination of violations
exceeds one thousand dollars;
(f) Any combination of violations described in division
(I)(2)(c) of this section and violations of section 2907.32 of the
Revised Code involving any material or performance containing a
display of bestiality or of sexual conduct, as defined in section
2907.01 of the Revised Code, that is explicit and depicted with
clearly visible penetration of the genitals or clearly visible
penetration by the penis of any orifice when the total proceeds of
the combination of violations, payments made in the combination of
violations, amount of the claims for payment or for other benefits
that is false or deceptive and that is involved in the combination
of violations, or value of the contraband or other property
illegally possessed, sold, or purchased in the combination of
violations exceeds one thousand dollars;
(g) Any violation of section 2905.32 of the Revised Code to
the extent the violation is not based solely on the same conduct
that constitutes corrupt activity pursuant to division (I)(2)(c)
of this section due to the conduct being in violation of section
2907.21 of the Revised Code;
(h) Any violation of section 3734.02, 3734.03, 3437.05, or
3734.11 of the Revised Code that is a felony.
(3) Conduct constituting a violation of any law of any state
other than this state that is substantially similar to the conduct
described in division (I)(2) of this section, provided the
defendant was convicted of the conduct in a criminal proceeding in
the other state;
(4) Animal or ecological terrorism;
(5)(a) Conduct constituting any of the following:
(i) Organized retail theft;
(ii) Conduct that constitutes one or more violations of any
law of any state other than this state, that is substantially
similar to organized retail theft, and that if committed in this
state would be organized retail theft, if the defendant was
convicted of or pleaded guilty to the conduct in a criminal
proceeding in the other state.
(b) By enacting division (I)(5)(a) of this section, it is the
intent of the general assembly to add organized retail theft and
the conduct described in division (I)(5)(a)(ii) of this section as
conduct constituting corrupt activity. The enactment of division
(I)(5)(a) of this section and the addition by division (I)(5)(a)
of this section of organized retail theft and the conduct
described in division (I)(5)(a)(ii) of this section as conduct
constituting corrupt activity does not limit or preclude, and
shall not be construed as limiting or precluding, any prosecution
for a violation of section 2923.32 of the Revised Code that is
based on one or more violations of section 2913.02 or 2913.51 of
the Revised Code, one or more similar offenses under the laws of
this state or any other state, or any combination of any of those
violations or similar offenses, even though the conduct
constituting the basis for those violations or offenses could be
construed as also constituting organized retail theft or conduct
of the type described in division (I)(5)(a)(ii) of this section.
(J) "Real property" means any real property or any interest
in real property, including, but not limited to, any lease of, or
mortgage upon, real property. Real property and any beneficial
interest in it is deemed to be located where the real property is
located.
(K) "Trustee" means any of the following:
(1) Any person acting as trustee under a trust in which the
trustee holds title to personal or real property;
(2) Any person who holds title to personal or real property
for which any other person has a beneficial interest;
(3) Any successor trustee.
"Trustee" does not include an assignee or trustee for an
insolvent debtor or an executor, administrator, administrator with
the will annexed, testamentary trustee, guardian, or committee,
appointed by, under the control of, or accountable to a court.
(L) "Unlawful debt" means any money or other thing of value
constituting principal or interest of a debt that is legally
unenforceable in this state in whole or in part because the debt
was incurred or contracted in violation of any federal or state
law relating to the business of gambling activity or relating to
the business of lending money at an usurious rate unless the
creditor proves, by a preponderance of the evidence, that the
usurious rate was not intentionally set and that it resulted from
a good faith error by the creditor, notwithstanding the
maintenance of procedures that were adopted by the creditor to
avoid an error of that nature.
(M) "Animal activity" means any activity that involves the
use of animals or animal parts, including, but not limited to,
hunting, fishing, trapping, traveling, camping, the production,
preparation, or processing of food or food products, clothing or
garment manufacturing, medical research, other research,
entertainment, recreation, agriculture, biotechnology, or service
activity that involves the use of animals or animal parts.
(N) "Animal facility" means a vehicle, building, structure,
nature preserve, or other premises in which an animal is lawfully
kept, handled, housed, exhibited, bred, or offered for sale,
including, but not limited to, a zoo, rodeo, circus, amusement
park, hunting preserve, or premises in which a horse or dog event
is held.
(O) "Animal or ecological terrorism" means the commission of
any felony that involves causing or creating a substantial risk of
physical harm to any property of another, the use of a deadly
weapon or dangerous ordnance, or purposely, knowingly, or
recklessly causing serious physical harm to property and that
involves an intent to obstruct, impede, or deter any person from
participating in a lawful animal activity, from mining, foresting,
harvesting, gathering, or processing natural resources, or from
being lawfully present in or on an animal facility or research
facility.
(P) "Research facility" means a place, laboratory,
institution, medical care facility, government facility, or public
or private educational institution in which a scientific test,
experiment, or investigation involving the use of animals or other
living organisms is lawfully carried out, conducted, or attempted.
(Q) "Organized retail theft" means the theft of retail
property with a retail value of one thousand dollars or more from
one or more retail establishments with the intent to sell,
deliver, or transfer that property to a retail property fence.
(R) "Retail property" means any tangible personal property
displayed, held, stored, or offered for sale in or by a retail
establishment.
(S) "Retail property fence" means a person who possesses,
procures, receives, or conceals retail property that was
represented to the person as being stolen or that the person knows
or believes to be stolen.
(T) "Retail value" means the full retail value of the retail
property. In determining whether the retail value of retail
property equals or exceeds one thousand dollars, the value of all
retail property stolen from the retail establishment or retail
establishments by the same person or persons within any
one-hundred-eighty-day period shall be aggregated.
Sec. 2923.32. (A)(1) No person employed by, or associated
with, any enterprise shall conduct or participate in, directly or
indirectly, the affairs of the enterprise through a pattern of
corrupt activity or the collection of an unlawful debt.
(2) No person, through a pattern of corrupt activity or the
collection of an unlawful debt, shall acquire or maintain,
directly or indirectly, any interest in, or control of, any
enterprise or real property.
(3) No person, who knowingly has received any proceeds
derived, directly or indirectly, from a pattern of corrupt
activity or the collection of any unlawful debt, shall use or
invest, directly or indirectly, any part of those proceeds, or any
proceeds derived from the use or investment of any of those
proceeds, in the acquisition of any title to, or any right,
interest, or equity in, real property or in the establishment or
operation of any enterprise.
A purchase of securities on the open market with intent to
make an investment, without intent to control or participate in
the control of the issuer, and without intent to assist another to
do so is not a violation of this division, if the securities of
the issuer held after the purchase by the purchaser, the members
of the purchaser's immediate family, and the purchaser's or the
immediate family members' accomplices in any pattern of corrupt
activity or the collection of an unlawful debt do not aggregate
one per cent of the outstanding securities of any one class of the
issuer and do not confer, in law or in fact, the power to elect
one or more directors of the issuer.
(B)(1) Whoever violates this section is guilty of engaging in
a pattern of corrupt activity. Except as otherwise provided in
this division, engaging in corrupt activity is a felony of the
second degree. Except as otherwise provided in this division, if
at least one of the incidents of corrupt activity is a felony of
the first, second, or third degree, aggravated murder, or murder,
if at least one of the incidents was a felony under the law of
this state that was committed prior to July 1, 1996, and that
would constitute a felony of the first, second, or third degree,
aggravated murder, or murder if committed on or after July 1,
1996, or if at least one of the incidents of corrupt activity is a
felony under the law of the United States or of another state
that, if committed in this state on or after July 1, 1996, would
constitute a felony of the first, second, or third degree,
aggravated murder, or murder under the law of this state, engaging
in a pattern of corrupt activity is a felony of the first degree.
If the offender also is convicted of or pleads guilty to a
specification as described in section 2941.1422 of the Revised
Code that was included in the indictment, count in the indictment,
or information charging the offense, engaging in a pattern of
corrupt activity is a felony of the first degree, and the court
shall sentence the offender to a mandatory prison term as provided
in division (B)(7) of section 2929.14 of the Revised Code and
shall order the offender to make restitution as provided in
division (B)(8) of section 2929.18 of the Revised Code.
Notwithstanding any other provision of law, a person may be
convicted of violating the provisions of this section as well as
of a conspiracy to violate one or more of those provisions under
section 2923.01 of the Revised Code.
(2)(a) Notwithstanding the financial sanctions authorized by
section 2929.18 of the Revised Code, the court may do all of the
following with respect to any person who derives pecuniary value
or causes property damage, personal injury other than pain and
suffering, or other loss through or by the violation of this
section:
(a)(i) In lieu of the fine authorized by that section, impose
a fine not exceeding the greater of three times the gross value
gained or three times the gross loss caused and order the clerk of
the court to pay the fine into the state treasury to the credit of
the corrupt activity investigation and prosecution fund, which is
hereby created;
(b)(ii) In addition to the fine described in division
(B)(2)(a)(i) of this section and the financial sanctions
authorized by section 2929.18 of the Revised Code, order the
person to pay court costs;
(c)(iii) In addition to the fine described in division
(B)(2)(a)(i) of this section and the financial sanctions
authorized by section 2929.18 of the Revised Code, order the
person to pay to the state, municipal, or county law enforcement
agencies that handled the investigation and prosecution the costs
of investigation and prosecution that are reasonably incurred.
(b) The court shall hold a hearing to determine the amount of
fine, court costs, and other costs to be imposed under this
division.
(c) The court shall not impose the fine authorized by
division (B)(2)(a)(i) of this section for an incident of corrupt
activity that is predicated on a violation of section 1331.04 of
the Revised Code.
(3) In addition to any other penalty or disposition
authorized or required by law, the court shall order any person
who is convicted of or pleads guilty to a violation of this
section or who is adjudicated delinquent by reason of a violation
of this section to criminally forfeit to the state under Chapter
2981. of the Revised Code any personal or real property in which
the person has an interest and that was used in the course of or
intended for use in the course of a violation of this section, or
that was derived from or realized through conduct in violation of
this section, including any property constituting an interest in,
means of control over, or influence over the enterprise involved
in the violation and any property constituting proceeds derived
from the violation, including all of the following:
(a) Any position, office, appointment, tenure, commission, or
employment contract of any kind acquired or maintained by the
person in violation of this section, through which the person, in
violation of this section, conducted or participated in the
conduct of an enterprise, or that afforded the person a source of
influence or control over an enterprise that the person exercised
in violation of this section;
(b) Any compensation, right, or benefit derived from a
position, office, appointment, tenure, commission, or employment
contract described in division (B)(3)(a) of this section that
accrued to the person in violation of this section during the
period of the pattern of corrupt activity;
(c) Any interest in, security of, claim against, or property
or contractual right affording the person a source of influence or
control over the affairs of an enterprise that the person
exercised in violation of this section;
(d) Any amount payable or paid under any contract for goods
or services that was awarded or performed in violation of this
section.
Sec. 2945.63. (A) As used in this section:
(1) "Child pornography" means any obscene material involving
a juvenile, any sexually oriented matter involving a juvenile, or
any material that is harmful to juveniles.
(2) "Juvenile," "harmful to juveniles," "material," and
"performance" have the same meanings as in section 2907.01 of the
Revised Code.
(3) "Sexually oriented matter" has the same meaning as in
section 2919.22 of the Revised Code.
(B) Any child pornography that is offered as evidence or that
comes into the custody or control of the prosecutor or the court
shall remain in the custody or control of the prosecutor or the
court.
(C) Notwithstanding Rule 16 of the Rules of Criminal
Procedure, the court in a criminal proceeding shall deny any
request by the defendant to photocopy, photograph, or otherwise
reproduce any child pornography if the prosecutor gives the
defendant, the defendant's attorney, and any individual the
defendant may seek to qualify to furnish expert testimony at trial
ample opportunity to examine the child pornography at the place
where the prosecutor or the court is holding the child
pornography.
Sec. 2953.32. (A)(1) Except as provided in section 2953.61
of the Revised Code, an eligible offender may apply to the
sentencing court if convicted in this state, or to a court of
common pleas if convicted in another state or in a federal court,
for the sealing of the conviction record. Application may be made
at the expiration of three years after the offender's final
discharge if convicted of a felony, or at the expiration of one
year after the offender's final discharge if convicted of a
misdemeanor.
(2) Any person who has been arrested for any misdemeanor
offense and who has effected a bail forfeiture may apply to the
court in which the misdemeanor criminal case was pending when bail
was forfeited for the sealing of the record of the case. Except as
provided in section 2953.61 of the Revised Code, the application
may be filed at any time after the expiration of one year from the
date on which the bail forfeiture was entered upon the minutes of
the court or the journal, whichever entry occurs first.
(B) Upon the filing of an application under this section, the
court shall set a date for a hearing and shall notify the
prosecutor for the case of the hearing on the application. The
prosecutor may object to the granting of the application by filing
an objection with the court prior to the date set for the hearing.
The prosecutor shall specify in the objection the reasons for
believing a denial of the application is justified. The court
shall direct its regular probation officer, a state probation
officer, or the department of probation of the county in which the
applicant resides to make inquiries and written reports as the
court requires concerning the applicant. If the applicant was
convicted of or pleaded guilty to a violation of division (A)(2)
or (B) of section 2919.21 of the Revised Code, the probation
officer or county department of probation that the court directed
to make inquiries concerning the applicant shall contact the child
support enforcement agency enforcing the applicant's obligations
under the child support order to inquire about the offender's
compliance with the child support order.
(C)(1) The court shall do each of the following:
(a) Determine whether the applicant is an eligible offender
or whether the forfeiture of bail was agreed to by the applicant
and the prosecutor in the case. If the applicant applies as an
eligible offender pursuant to division (A)(1) of this section and
has two or three convictions that result from the same indictment,
information, or complaint, from the same plea of guilty, or from
the same official proceeding, and result from related criminal
acts that were committed within a three-month period but do not
result from the same act or from offenses committed at the same
time, in making its determination under this division, the court
initially shall determine whether it is not in the public interest
for the two or three convictions to be counted as one conviction.
If the court determines that it is not in the public interest for
the two or three convictions to be counted as one conviction, the
court shall determine that the applicant is not an eligible
offender; if the court does not make that determination, the court
shall determine that the offender is an eligible offender.
(b) Determine whether criminal proceedings are pending
against the applicant;
(c) If the applicant is an eligible offender who applies
pursuant to division (A)(1) of this section, determine whether the
applicant has been rehabilitated to the satisfaction of the court;
(d) If the prosecutor has filed an objection in accordance
with division (B) of this section, consider the reasons against
granting the application specified by the prosecutor in the
objection;
(e) Weigh the interests of the applicant in having the
records pertaining to the applicant's conviction sealed against
the legitimate needs, if any, of the government to maintain those
records.
(2) If the court determines, after complying with division
(C)(1) of this section, that the applicant is an eligible offender
or the subject of a bail forfeiture, that no criminal proceeding
is pending against the applicant, and that the interests of the
applicant in having the records pertaining to the applicant's
conviction or bail forfeiture sealed are not outweighed by any
legitimate governmental needs to maintain those records, and that
the rehabilitation of an applicant who is an eligible offender
applying pursuant to division (A)(1) of this section has been
attained to the satisfaction of the court, the court, except as
provided in divisions (G) and (H) of this section, shall order all
official records pertaining to the case sealed and, except as
provided in division (F) of this section, all index references to
the case deleted and, in the case of bail forfeitures, shall
dismiss the charges in the case. The proceedings in the case shall
be considered not to have occurred and the conviction or bail
forfeiture of the person who is the subject of the proceedings
shall be sealed, except that upon conviction of a subsequent
offense, the sealed record of prior conviction or bail forfeiture
may be considered by the court in determining the sentence or
other appropriate disposition, including the relief provided for
in sections 2953.31 to 2953.33 of the Revised Code.
(3) Upon the filing of an application under this section, the
applicant, unless indigent, shall pay a fee of fifty dollars. The
court shall pay thirty dollars of the fee into the state treasury.
It shall pay twenty dollars of the fee into the county general
revenue fund if the sealed conviction or bail forfeiture was
pursuant to a state statute, or into the general revenue fund of
the municipal corporation involved if the sealed conviction or
bail forfeiture was pursuant to a municipal ordinance.
(4) Upon the filing of an application under this section, the
applicant, unless indigent, shall pay a fee that is in addition to
the fee paid under division (C)(3) of this section and that is
established by the attorney general by rules adopted pursuant to
Chapter 119. of the Revised Code. The court shall pay the fee into
the attorney general reimbursement fund. The court shall not waive
the fee unless the court waives all other fees imposed under this
section.
(5) If the court orders the official records pertaining to
the case sealed, the court shall order the applicant to appear
before a sheriff to have the applicant's fingerprints taken
according to the fingerprint system of identification on the forms
furnished by the superintendent of the bureau of criminal
identification and investigation. The sheriff shall forward the
applicant's fingerprints to the court. The court shall forward the
applicant's fingerprints and a copy of the sealing order to the
bureau of criminal identification and investigation.
(D) Inspection of the sealed records included in the order
may be made only by the following persons or for the following
purposes:
(1) By a law enforcement officer or prosecutor, or the
assistants of either, to determine whether the nature and
character of the offense with which a person is to be charged
would be affected by virtue of the person's previously having been
convicted of a crime;
(2) By the parole or probation officer of the person who is
the subject of the records, for the exclusive use of the officer
in supervising the person while on parole or under a community
control sanction or a post-release control sanction, and in making
inquiries and written reports as requested by the court or adult
parole authority;
(3) Upon application by the person who is the subject of the
records, by the persons named in the application;
(4) By a law enforcement officer who was involved in the
case, for use in the officer's defense of a civil action arising
out of the officer's involvement in that case;
(5) By a prosecuting attorney or the prosecuting attorney's
assistants, to determine a defendant's eligibility to enter a
pre-trial diversion program established pursuant to section
2935.36 of the Revised Code;
(6) By any law enforcement agency or any authorized employee
of a law enforcement agency or by the department of rehabilitation
and correction as part of a background investigation of a person
who applies for employment with the agency as a law enforcement
officer or with the department as a corrections officer;
(7) By any law enforcement agency or any authorized employee
of a law enforcement agency, for the purposes set forth in, and in
the manner provided in, section 2953.321 of the Revised Code;
(8) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of providing information to a board or person pursuant to
division (F) or (G) of section 109.57 of the Revised Code;
(9) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of performing a criminal history records check on a person
to whom a certificate as prescribed in section 109.77 of the
Revised Code is to be awarded;
(10) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of conducting a criminal records check of an individual
pursuant to division (B) of section 109.572 of the Revised Code
that was requested pursuant to any of the sections identified in
division (B)(1) of that section;
(11) By the bureau of criminal identification and
investigation, an authorized employee of the bureau, a sheriff, or
an authorized employee of a sheriff in connection with a criminal
records check described in section 311.41 of the Revised Code;
(12) By the attorney general or an authorized employee of the
attorney general or a court for purposes of determining a person's
classification pursuant to Chapter 2950. of the Revised Code.
When the nature and character of the offense with which a
person is to be charged would be affected by the information, it
may be used for the purpose of charging the person with an
offense.
(E) In any criminal proceeding, proof of any otherwise
admissible prior conviction may be introduced and proved,
notwithstanding the fact that for any such prior conviction an
order of sealing previously was issued pursuant to sections
2953.31 to 2953.36 of the Revised Code.
(F) The person or governmental agency, office, or department
that maintains sealed records pertaining to convictions or bail
forfeitures that have been sealed pursuant to this section may
maintain a manual or computerized index to the sealed records. The
index shall contain only the name of, and alphanumeric identifiers
that relate to, the persons who are the subject of the sealed
records, the word "sealed," and the name of the person, agency,
office, or department that has custody of the sealed records, and
shall not contain the name of the crime committed. The index shall
be made available by the person who has custody of the sealed
records only for the purposes set forth in divisions (C), (D), and
(E) of this section.
(G) Notwithstanding any provision of this section or section
2953.33 of the Revised Code that requires otherwise, a board of
education of a city, local, exempted village, or joint vocational
school district that maintains records of an individual who has
been permanently excluded under sections 3301.121 and 3313.662 of
the Revised Code is permitted to maintain records regarding a
conviction that was used as the basis for the individual's
permanent exclusion, regardless of a court order to seal the
record. An order issued under this section to seal the record of a
conviction does not revoke the adjudication order of the
superintendent of public instruction to permanently exclude the
individual who is the subject of the sealing order. An order
issued under this section to seal the record of a conviction of an
individual may be presented to a district superintendent as
evidence to support the contention that the superintendent should
recommend that the permanent exclusion of the individual who is
the subject of the sealing order be revoked. Except as otherwise
authorized by this division and sections 3301.121 and 3313.662 of
the Revised Code, any school employee in possession of or having
access to the sealed conviction records of an individual that were
the basis of a permanent exclusion of the individual is subject to
section 2953.35 of the Revised Code.
(H) For purposes of sections 2953.31 to 2953.36 of the
Revised Code, DNA records collected in the DNA database and
fingerprints filed for record by the superintendent of the bureau
of criminal identification and investigation shall not be sealed
unless the superintendent receives a certified copy of a final
court order establishing that the offender's conviction has been
overturned. For purposes of this section, a court order is not
"final" if time remains for an appeal or application for
discretionary review with respect to the order.
Sec. 2981.13. (A) Except as otherwise provided in this
section, property ordered forfeited as contraband, proceeds, or an
instrumentality pursuant to this chapter shall be disposed of,
used, or sold pursuant to section 2981.12 of the Revised Code. If
the property is to be sold under that section, the prosecutor
shall cause notice of the proposed sale to be given in accordance
with law.
(B) If the contraband or instrumentality forfeited under this
chapter is sold, any moneys acquired from a sale and any proceeds
forfeited under this chapter shall be applied in the following
order:
(1) First, to pay costs incurred in the seizure, storage,
maintenance, security, and sale of the property and in the
forfeiture proceeding;
(2) Second, in a criminal forfeiture case, to satisfy any
restitution ordered to the victim of the offense or, in a civil
forfeiture case, to satisfy any recovery ordered for the person
harmed, unless paid from other assets;
(3) Third, to pay the balance due on any security interest
preserved under this chapter;
(4) Fourth, apply the remaining amounts as follows:
(a) If the forfeiture was ordered by a juvenile court, ten
per cent to one or more certified alcohol and drug addiction
treatment programs as provided in division (D) of section 2981.12
of the Revised Code;
(b) If the forfeiture was ordered in a juvenile court, ninety
per cent, and if the forfeiture was ordered in a court other than
a juvenile court, one hundred per cent to the law enforcement
trust fund of the prosecutor and to the following fund supporting
the law enforcement agency that substantially conducted the
investigation: the law enforcement trust fund of the county
sheriff, municipal corporation, township, or park district created
under section 511.18 or 1545.01 of the Revised Code; the state
highway patrol contraband, forfeiture, and other fund; the
department of public safety investigative unit contraband,
forfeiture, and other fund; the department of taxation enforcement
fund; the board of pharmacy drug law enforcement fund created by
division (B)(1) of section 4729.65 of the Revised Code; the
medicaid fraud investigation and prosecution fund; the bureau of
criminal identification and investigation asset forfeiture and
cost reimbursement fund; the casino control commission enforcement
fund created by section 3772.36 of the Revised Code; or the
treasurer of state for deposit into the peace officer training
commission fund if any other state law enforcement agency
substantially conducted the investigation. In the case of property
forfeited for medicaid fraud, any remaining amount shall be used
by the attorney general to investigate and prosecute medicaid
fraud offenses.
If the prosecutor declines to accept any of the remaining
amounts, the amounts shall be applied to the fund of the agency
that substantially conducted the investigation.
(c) If more than one law enforcement agency is substantially
involved in the seizure of property forfeited under this chapter,
the court ordering the forfeiture shall equitably divide the
amounts, after calculating any distribution to the law enforcement
trust fund of the prosecutor pursuant to division (B)(4) of this
section, among the entities that the court determines were
substantially involved in the seizure.
(C)(1) A law enforcement trust fund shall be established by
the prosecutor of each county who intends to receive any remaining
amounts pursuant to this section, by the sheriff of each county,
by the legislative authority of each municipal corporation, by the
board of township trustees of each township that has a township
police department, township or joint police district police force,
or office of the constable, and by the board of park commissioners
of each park district created pursuant to section 511.18 or
1545.01 of the Revised Code that has a park district police force
or law enforcement department, for the purposes of this section.
There is hereby created in the state treasury the state
highway patrol contraband, forfeiture, and other fund, the
department of public safety investigative unit contraband,
forfeiture, and other fund, the medicaid fraud investigation and
prosecution fund, the department of taxation enforcement fund, and
the peace officer training commission fund, for the purposes of
this section.
Amounts distributed to any municipal corporation, township,
or park district law enforcement trust fund shall be allocated
from the fund by the legislative authority only to the police
department of the municipal corporation, by the board of township
trustees only to the township police department, township police
district police force, or office of the constable, by the joint
police district board only to the joint police district, and by
the board of park commissioners only to the park district police
force or law enforcement department.
(2)(a) No amounts shall be allocated to a fund created under
this section or used by an agency unless the agency has adopted a
written internal control policy that addresses the use of moneys
received from the appropriate fund. The appropriate fund shall be
expended only in accordance with that policy and, subject to the
requirements specified in this section, only for the following
purposes:
(i) To pay the costs of protracted or complex investigations
or prosecutions;
(ii) To provide reasonable technical training or expertise;
(iii) To provide matching funds to obtain federal grants to
aid law enforcement, in the support of DARE programs or other
programs designed to educate adults or children with respect to
the dangers associated with the use of drugs of abuse;
(iv) To pay the costs of emergency action taken under section
3745.13 of the Revised Code relative to the operation of an
illegal methamphetamine laboratory if the forfeited property or
money involved was that of a person responsible for the operation
of the laboratory;
(v) For other law enforcement purposes that the
superintendent of the state highway patrol, department of public
safety, attorney general, prosecutor, county sheriff, legislative
authority, department of taxation, Ohio casino control commission,
board of township trustees, or board of park commissioners
determines to be appropriate.
(b) The board of pharmacy drug law enforcement fund shall be
expended only in accordance with the written internal control
policy so adopted by the board and only in accordance with section
4729.65 of the Revised Code, except that it also may be expended
to pay the costs of emergency action taken under section 3745.13
of the Revised Code relative to the operation of an illegal
methamphetamine laboratory if the forfeited property or money
involved was that of a person responsible for the operation of the
laboratory.
(c) The state highway patrol contraband, forfeiture, and
other fund, the department of public safety investigative unit
contraband, forfeiture, and other fund, the department of taxation
enforcement fund, the board of pharmacy drug law enforcement fund,
the bureau of criminal identification and investigation asset
forfeiture and cost reimbursement fund, the casino control
commission enforcement fund, and a law enforcement trust fund
shall not be used to meet the operating costs of the state highway
patrol, of the investigative unit of the department of public
safety, of the state board of pharmacy, of the office of the
attorney general, of any political subdivision, of the Ohio casino
control commission, or of any office of a prosecutor or county
sheriff that are unrelated to law enforcement.
(d) Forfeited moneys that are paid into the state treasury to
be deposited into the peace officer training commission fund shall
be used by the commission only to pay the costs of peace officer
training.
(3) Any of the following offices or agencies that receive
amounts under this section during any calendar year shall file a
report with the specified entity, not later than the thirty-first
day of January of the next calendar year, verifying that the
moneys were expended only for the purposes authorized by this
section or other relevant statute and specifying the amounts
expended for each authorized purpose:
(a) Any sheriff or prosecutor shall file the report with the
county auditor.
(b) Any municipal corporation police department shall file
the report with the legislative authority of the municipal
corporation.
(c) Any township police department, township or joint police
district police force, or office of the constable shall file the
report with the board of township trustees of the township.
(d) Any park district police force or law enforcement
department shall file the report with the board of park
commissioners of the park district.
(e) The superintendent of the state highway patrol and the
tax commissioner shall file the report with the attorney general.
(f) The executive director of the state board of pharmacy
shall file the report with the attorney general, verifying that
cash and forfeited proceeds paid into the board of pharmacy drug
law enforcement fund were used only in accordance with section
4729.65 of the Revised Code.
(g) The peace officer training commission shall file a report
with the attorney general, verifying that cash and forfeited
proceeds paid into the peace officer training commission fund
pursuant to this section during the prior calendar year were used
by the commission during the prior calendar year only to pay the
costs of peace officer training.
(h) The executive director of the Ohio casino control
commission shall file the report with the attorney general,
verifying that cash and forfeited proceeds paid into the casino
control commission enforcement fund were used only in accordance
with section 3772.36 of the Revised Code.
(D) The written internal control policy of a county sheriff,
prosecutor, municipal corporation police department, township
police department, township or joint police district police force,
office of the constable, or park district police force or law
enforcement department shall provide that at least ten per cent of
the first one hundred thousand dollars of amounts deposited during
each calendar year in the agency's law enforcement trust fund
under this section, and at least twenty per cent of the amounts
exceeding one hundred thousand dollars that are so deposited,
shall be used in connection with community preventive education
programs. The manner of use shall be determined by the sheriff,
prosecutor, department, police force, or office of the constable
after receiving and considering advice on appropriate community
preventive education programs from the county's board of alcohol,
drug addiction, and mental health services, from the county's
alcohol and drug addiction services board, or through appropriate
community dialogue.
The financial records kept under the internal control policy
shall specify the amount deposited during each calendar year in
the portion of that amount that was used pursuant to this
division, and the programs in connection with which the portion of
that amount was so used.
As used in this division, "community preventive education
programs" include, but are not limited to, DARE programs and other
programs designed to educate adults or children with respect to
the dangers associated with using drugs of abuse.
(E) Upon the sale, under this section or section 2981.12 of
the Revised Code, of any property that is required by law to be
titled or registered, the state shall issue an appropriate
certificate of title or registration to the purchaser. If the
state is vested with title and elects to retain property that is
required to be titled or registered under law, the state shall
issue an appropriate certificate of title or registration.
(F) Any failure of a law enforcement officer or agency,
prosecutor, court, or the attorney general to comply with this
section in relation to any property seized does not affect the
validity of the seizure and shall not be considered to be the
basis for suppressing any evidence resulting from the seizure,
provided the seizure itself was lawful.
Sec. 5302.221. (A) As used in this section:
"Estate" has the same meaning as in section 5162.21 of the
Revised Code.
"Medicaid, "medicaid estate recovery program" means the
program instituted under section 5162.21 of the Revised Code.
(B) The administrator of the medicaid estate recovery program
shall prescribe a form on which a beneficiary of a transfer on
death designation affidavit as provided in section 5302.22 of the
Revised Code, who survives the deceased owner of the real property
or an interest in the real property or that is in existence on the
date of death of the deceased owner, or that beneficiary's
representative is to indicate both of the following:
(1) Whether Which of the following applies to the deceased
owner was either of the following:
(a) A decedent subject to the The deceased owner had been a
medicaid estate recovery program; recipient.
(b) The spouse of a decedent subject to the deceased owner
had never been a medicaid estate recovery program recipient.
(c) The beneficiary or representative does not know whether
the deceased owner had ever been a medicaid recipient.
(2) Whether the real property or interest in the real
property was part of the estate of a decedent subject to the
medicaid estate recovery program If the spouse of the deceased
owner died before the owner died, which of the following applies
to the predeceased spouse:
(a) The predeceased spouse had been a medicaid recipient.
(b) The predeceased spouse had never been a medicaid
recipient.
(c) The beneficiary or representative does not know whether
the predeceased spouse had ever been a medicaid recipient.
(C) The administrator of the medicaid estate recovery program
shall make the form prescribed under division (B) of this section
available to county recorders. A county recorder shall obtain a
properly completed form prescribed under division (B) of this
section from the provide a copy of the form to a beneficiary of a
transfer on death designation affidavit or the beneficiary's
representative and send a copy of the form to the administrator of
the medicaid estate recovery program before recording the transfer
of the real property or interest in the real property under
section 5302.222 of the Revised Code.
A beneficiary or
beneficiary's representative shall submit a copy of the properly
completed form to the administrator of the medicaid estate
recovery program if the beneficiary or representative indicates
any of the following on the form:
(1) That the deceased owner had been a medicaid recipient or
that the beneficiary or representative does not know whether the
deceased owner had ever been a medicaid recipient;
(2) That the predeceased spouse of the deceased owner had
been a medicaid recipient or that the beneficiary or
representative does not know whether the predeceased spouse had
ever been a medicaid recipient.
Section 2. That existing sections 9.02, 109.08, 109.081,
109.521, 109.57, 109.572, 109.578, 109.60, 109.85, 109.86,
1331.01, 1331.04, 1331.99, 1345.02, 1345.03, 1345.031, 1345.05,
1345.06, 1345.07, 1345.21, 1345.22, 1345.23, 1345.24, 1345.43,
1345.44, 2151.419, 2743.191, 2743.56, 2743.71, 2746.02, 2901.01,
2923.02, 2923.31, 2923.32, 2953.32, 2981.13, and 5302.221 and
section
1331.05 of the Revised Code are hereby repealed.
Section 3. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the following sections,
presented in this act as composites of the sections as amended by
the acts indicated, are the resulting versions of the sections in
effect prior to the effective date of the sections as presented in
this act:
Section 2923.02 of the Revised Code as amended by both Am.
Sub. H.B. 461 and Am. Sub. S.B. 260 of the 126th General Assembly.
Section 2923.31 of the Revised Code as amended by both Am.
Sub. H.B. 386 and Am. Sub. H.B. 262 of the 129th General Assembly.
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