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| To amend sections 9.02, 109.08, 109.081, 109.521, | 1 |
| 109.57, 109.572, 109.578, 109.60, 109.85, 109.86, | 2 |
| 1331.01, 1331.04, 1331.99, 1345.02, 1345.03, | 3 |
| 1345.031, 1345.05, 1345.06, 1345.07, 1345.21, | 4 |
| 1345.22, 1345.23, 1345.24, 1345.43, 1345.44, | 5 |
| 2151.419, 2743.191, 2743.56, 2743.71, 2746.02, | 6 |
| 2901.01, 2923.02, 2923.31, 2923.32, 2953.32, | 7 |
| 2981.13, and 5302.221; to enact sections 9.28, | 8 |
| 1331.17, and 2945.63; and to repeal section | 9 |
| 1331.05 of the Revised Code to make various | 10 |
| changes to the laws governing the duties and | 11 |
| function of the Attorney General. | 12 |
| Section 1. That sections 9.02, 109.08, 109.081, 109.521, | 13 |
| 109.57, 109.572, 109.578, 109.60, 109.85, 109.86, 1331.01, | 14 |
| 1331.04, 1331.99, 1345.02, 1345.03, 1345.031, 1345.05, 1345.06, | 15 |
| 1345.07, 1345.21, 1345.22, 1345.23, 1345.24, 1345.43, 1345.44, | 16 |
| 2151.419, 2743.191, 2743.56, 2743.71, 2746.02, 2901.01, 2923.02, | 17 |
| 2923.31, 2923.32, 2953.32, 2981.13, and 5302.221 be amended and | 18 |
| sections 9.28, 1331.17, and 2945.63 of the Revised Code be enacted | 19 |
| to read as follows: | 20 |
| Sec. 9.02. (A) As used in this section: | 21 |
| (1) "Customer" means any person or authorized representative | 22 |
| of that person who has maintained or is maintaining an account or | 23 |
| deposit of any type, or has utilized or is utilizing any service | 24 |
| of a financial institution, or for whom a financial institution | 25 |
| has acted or is acting as a fiduciary in relation to an account or | 26 |
| deposit maintained in the person's name. | 27 |
| (2) "Governmental authority" includes the state, any | 28 |
| political subdivision, district, or court, and any agency, | 29 |
| department, officer, or authorized employee of any of those | 30 |
| entities. | 31 |
| (3) "Financial institution" means any bank, building and loan | 32 |
| association, trust company, credit union, licensee as defined in | 33 |
| section 1321.01, or registrant as defined in section 1321.51 of | 34 |
| the Revised Code. | 35 |
| (4) "Financial record" means any record, including statements | 36 |
| or receipts, and checks, drafts, or similar instruments, or | 37 |
| information derived from such record, that is maintained by a | 38 |
| financial institution and that pertains to a deposit or account of | 39 |
| a customer, a service of the financial institution utilized by a | 40 |
| customer, or any other relationship between a customer and the | 41 |
| financial institution. | 42 |
| (5) "Supervisory review" means any examination of or other | 43 |
| supervisory action with respect to a financial institution, where | 44 |
| such examination or action is conducted or taken pursuant to | 45 |
| authority granted under the Revised Code, or rules promulgated | 46 |
| pursuant thereto by the agency having regulatory jurisdiction over | 47 |
| such institution. | 48 |
| (B) Any party, including a governmental authority, that | 49 |
| requires or requests a financial institution to assemble or | 50 |
| provide a customer's financial records in connection with any | 51 |
| investigation, action, or proceeding shall pay the financial | 52 |
| institution for all actual and necessary costs directly incurred | 53 |
| in searching for, reproducing, or transporting these records, if | 54 |
| the financial institution is not a party to the investigation, | 55 |
| action, or proceeding, is not a subject of supervisory review in | 56 |
| the investigation, action, or proceeding, or is a party to the | 57 |
| investigation, action, or proceeding solely by reason of its | 58 |
| holding of assets of another party defendant, with no cause of | 59 |
| action alleged against the financial institution. This payment | 60 |
| shall be made to the financial institution promptly, whether or | 61 |
| not the financial records are entered into evidence. If the | 62 |
| records are produced pursuant to a court order or subpoena duces | 63 |
| tecum, the party requesting the order or subpoena is responsible | 64 |
| for making the payment. With respect to any judicial or | 65 |
| administrative proceeding for which the records are requested, | 66 |
| payment of these costs shall be in addition to any witness fees. | 67 |
| (C) The rates and conditions for making payments required by | 68 |
| division (B) of this section shall be established by rule by the | 69 |
| superintendent of financial institutions. To the extent that they | 70 |
| are applicable, such respective rules shall be substantially like | 71 |
| those adopted by the board of governors of the federal reserve | 72 |
| system to regulate similar fees required by the "Right to | 73 |
| Financial Privacy Act of 1978," 92 Stat. 3708, 12 U.S.C.A. 3415. | 74 |
| (D)(1) This section is not intended to expand, limit, or | 75 |
| otherwise affect any authority granted under federal law or the | 76 |
| law of this state to any party, including a governmental | 77 |
| authority, to procure, request, or require a customer's financial | 78 |
| records. This section does not apply to investigations or | 79 |
| examinations conducted under authority granted by Chapter 169., | 80 |
| 1707., 3737., or 4735. of the Revised Code. | 81 |
| (2) Division (B) of this section does not apply to financial | 82 |
| records required to be assembled or provided pursuant to a | 83 |
| subpoena, demand for production, request for records, or demand | 84 |
| for inspection issued by or on motion of the attorney general or | 85 |
| the organized crime investigations commission, to a subpoena | 86 |
| issued by or on motion of a prosecuting attorney who has probable | 87 |
| cause to believe that a crime has been committed, or to a subpoena | 88 |
| issued by a grand jury, if all of the following apply: | 89 |
| (a) The financial records or copies of the financial records | 90 |
| are subpoenaed for purposes of a criminal investigation or | 91 |
| prosecution; | 92 |
| (b) The subpoena is delivered to the financial institution at | 93 |
| least ten days before the records are to be provided; | 94 |
| (c) The subpoena identifies individual items to be provided | 95 |
| or is for statements of the customer's account for a specified | 96 |
| period of time but only as is relevant to the possible crime being | 97 |
| investigated. | 98 |
| If any financial record assembled or provided by a financial | 99 |
| institution pursuant to such a subpoena or any information derived | 100 |
| from the financial record is introduced as evidence in any | 101 |
| criminal trial and if any nonindigent defendant is convicted of an | 102 |
| offense at that trial, the trial court shall charge against the | 103 |
| defendant, as a cost of prosecution, all actual and necessary | 104 |
| costs directly incurred by the financial institution in searching | 105 |
| for, reproducing, or transporting the financial records provided | 106 |
| the financial institution is not a defendant at the trial. A | 107 |
| defendant against whom costs are charged pursuant to this division | 108 |
| shall pay the costs to the court which shall forward the payment | 109 |
| to the financial institution. For purposes of this division, the | 110 |
| trial court shall determine whether a defendant is indigent. The | 111 |
| rates of payment established by rule pursuant to division (C) of | 112 |
| this section shall be used by the trial court in charging costs | 113 |
| under this division. | 114 |
| (E) Notwithstanding division (D) of this section, in any | 115 |
| proceeding, action, or investigation that involves an alleged | 116 |
| violation of section 2921.02, 2921.41, 2921.42, or 2921.43 of the | 117 |
| Revised Code, that either involves a property interest of the | 118 |
| state or occurred within the scope of state employment or during | 119 |
| the performance of a state public official's or state public | 120 |
| servant's duties, and in which a financial institution is required | 121 |
| or requested to assemble or provide financial records, the | 122 |
| financial institution has a right of reimbursement from the state | 123 |
| treasury for all actual and necessary costs incurred in searching | 124 |
| for, reproducing, or transporting the financial records, at the | 125 |
| rates established by rule under division (C) of this section. The | 126 |
| reimbursement shall be made only if the financial institution is | 127 |
| not a party to, or subject of the investigation, action, or | 128 |
| proceeding, or is a party to the investigation, action, or | 129 |
| proceeding solely by reason of its holding assets of another party | 130 |
| defendant, with no cause of action alleged against the financial | 131 |
| institution, and only if the financial institution has not acted | 132 |
| negligently in the management of the deposit, account, service, or | 133 |
| other relationship to which those financial records pertain. The | 134 |
| reimbursement shall be made promptly, whether or not the financial | 135 |
| records are entered into evidence. As used in this division, | 136 |
| "state" means only the state of Ohio and does not include any | 137 |
| political subdivision. | 138 |
| Sec. 9.28. (A) As used in this section: | 139 |
| "Competitive solicitation" means a request for proposal or | 140 |
| any other solicitation or announcement by a public office | 141 |
| requiring bids or proposals for the provision of goods or services | 142 |
| to that office. | 143 |
| "Public office" includes any state agency, public | 144 |
| institution, political subdivision, or other organized body, | 145 |
| office, agency, institution, or entity established by the laws of | 146 |
| this state for the exercise of any function of government. "Public | 147 |
| office" does not include the nonprofit corporation formed under | 148 |
| section 187.01 of the Revised Code. | 149 |
| "State agency" includes every department, bureau, board, | 150 |
| commission, office, or other organized body established by the | 151 |
| constitution and laws of this state for the exercise of any | 152 |
| function of state government, including any state-supported | 153 |
| institution of higher education, the general assembly, any | 154 |
| legislative agency, any court or judicial agency, or any political | 155 |
| subdivision or agency of a political subdivision. "State agency" | 156 |
| does not include the nonprofit corporation formed under section | 157 |
| 187.01 of the Revised Code. | 158 |
| (B) Except as provided in division (C) of this section, | 159 |
| materials submitted to a public office in response to a | 160 |
| competitive solicitation shall be considered public records for | 161 |
| purposes of section 149.43 of the Revised Code at the earlier of | 162 |
| the following dates: | 163 |
| (1) The date the public office announces the award of a | 164 |
| contract based on the competitive solicitation; | 165 |
| (2) One hundred eighty days after either of the following | 166 |
| dates, whichever is applicable: | 167 |
| (a) The date the public office opened the bids; | 168 |
| (b) The end date of the request for proposal period. | 169 |
| (C) If a public office rejects all bids or proposals received | 170 |
| in response to a competitive solicitation and, concurrently with | 171 |
| the announcement of the rejection gives notice of its intent to | 172 |
| reissue the solicitation, the materials submitted in response to | 173 |
| the original competitive solicitation and the materials submitted | 174 |
| in response to the reissued competitive solicitation shall be | 175 |
| considered public records at the earlier of the following dates: | 176 |
| (1) The date the public office announces the award of a | 177 |
| contract based on the reissued competitive solicitation; | 178 |
| (2) The date that is twelve months after either of the | 179 |
| following dates, whichever is applicable: | 180 |
| (a) The date the public office opened the original bids; | 181 |
| (b) The end date of the original request for proposal period. | 182 |
| Sec. 109.08. The attorney general may appoint special | 183 |
| counsel to represent the state in connection with all claims of | 184 |
| whatsoever nature which are certified to the attorney general for | 185 |
| collection under any law or which the attorney general is | 186 |
| authorized to collect. | 187 |
| Such special counsel shall be paid for their services from | 188 |
| funds collected by them in an amount approved by the attorney | 189 |
| general. The amounts paid may be assessed as collection costs | 190 |
| consistent with section 131.02 of the Revised Code and shall be | 191 |
| fully recoverable from the debtor. | 192 |
| The attorney general | 193 |
| special counsel appointed to represent the state in connection | 194 |
| with claims arising out of Chapters 5733., 5739., 5741., and 5747. | 195 |
| of the Revised Code, and amounts certified to the attorney general | 196 |
| for collection under section 131.02 of the Revised Code, the | 197 |
| official letterhead stationery of the attorney general. The | 198 |
| attorney general may authorize the special counsel | 199 |
| appointed to represent the state to use the letterhead stationery | 200 |
| 201 | |
| 202 | |
| boards, commissions, and political subdivisions with respect to | 203 |
| debt certified to the attorney general under any provision of the | 204 |
| Revised Code. | 205 |
| Sec. 109.081. | 206 |
| eleven per cent of all amounts collected by the attorney general, | 207 |
| 208 | |
| special counsel pursuant to section 109.08 of the Revised Code, on | 209 |
| claims due the state, or may assess a collection cost of up to | 210 |
| eleven per cent of claims certified to the attorney general for | 211 |
| collection. The attorney general, after consultation with the | 212 |
| director of budget and management, shall determine the exact | 213 |
| percentage that may be retained under this section. A collection | 214 |
| cost under this section shall be assessed as a collection cost | 215 |
| consistent with section 131.02 of the Revised Code, shall be | 216 |
| collected in an amount and manner determined by the attorney | 217 |
| general, and is fully recoverable from the debtor. All amounts | 218 |
| retained or collected under this section shall be paid into the | 219 |
| state treasury to the credit of the attorney general claims fund, | 220 |
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which is hereby created. | 221 |
| 222 | |
| 223 | |
| 224 | |
| be used for the payment of expenses incurred by the office of the | 225 |
| attorney general. | 226 |
| Sec. 109.521. There is hereby created in the state treasury | 227 |
| the bureau of criminal identification and investigation asset | 228 |
| forfeiture and cost reimbursement fund. All amounts awarded to the | 229 |
| bureau of criminal identification and investigation as a result of | 230 |
| shared federal and state asset forfeiture and state and local | 231 |
| moneys designated as restitution for reimbursement of the costs of | 232 |
| investigations and all amounts received by the bureau under | 233 |
| section 2981.13 of the Revised Code shall be deposited into this | 234 |
| fund. The moneys in this fund shall be used in accordance with | 235 |
| federal and state asset forfeiture rules, regulations, and laws. | 236 |
| Interest earned on the money in this fund shall be credited to the | 237 |
| fund. | 238 |
| Sec. 109.57. (A)(1) The superintendent of the bureau of | 239 |
| criminal identification and investigation shall procure from | 240 |
| wherever procurable and file for record photographs, pictures, | 241 |
| descriptions, fingerprints, measurements, and other information | 242 |
| that may be pertinent of all persons who have been convicted of | 243 |
| committing within this state a felony, any crime constituting a | 244 |
| misdemeanor on the first offense and a felony on subsequent | 245 |
| offenses, or any misdemeanor described in division (A)(1)(a), | 246 |
| (A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of | 247 |
| all children under eighteen years of age who have been adjudicated | 248 |
| delinquent children for committing within this state an act that | 249 |
| would be a felony or an offense of violence if committed by an | 250 |
| adult or who have been convicted of or pleaded guilty to | 251 |
| committing within this state a felony or an offense of violence, | 252 |
| and of all well-known and habitual criminals. The person in charge | 253 |
| of any county, multicounty, municipal, municipal-county, or | 254 |
| multicounty-municipal jail or workhouse, community-based | 255 |
| correctional facility, halfway house, alternative residential | 256 |
| facility, or state correctional institution and the person in | 257 |
| charge of any state institution having custody of a person | 258 |
| suspected of having committed a felony, any crime constituting a | 259 |
| misdemeanor on the first offense and a felony on subsequent | 260 |
| offenses, or any misdemeanor described in division (A)(1)(a), | 261 |
| (A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or | 262 |
| having custody of a child under eighteen years of age with respect | 263 |
| to whom there is probable cause to believe that the child may have | 264 |
| committed an act that would be a felony or an offense of violence | 265 |
| if committed by an adult shall furnish such material to the | 266 |
| superintendent of the bureau. Fingerprints, photographs, or other | 267 |
| descriptive information of a child who is under eighteen years of | 268 |
| age, has not been arrested or otherwise taken into custody for | 269 |
| committing an act that would be a felony or an offense of violence | 270 |
| who is not in any other category of child specified in this | 271 |
| division, if committed by an adult, has not been adjudicated a | 272 |
| delinquent child for committing an act that would be a felony or | 273 |
| an offense of violence if committed by an adult, has not been | 274 |
| convicted of or pleaded guilty to committing a felony or an | 275 |
| offense of violence, and is not a child with respect to whom there | 276 |
| is probable cause to believe that the child may have committed an | 277 |
| act that would be a felony or an offense of violence if committed | 278 |
| by an adult shall not be procured by the superintendent or | 279 |
| furnished by any person in charge of any county, multicounty, | 280 |
| municipal, municipal-county, or multicounty-municipal jail or | 281 |
| workhouse, community-based correctional facility, halfway house, | 282 |
| alternative residential facility, or state correctional | 283 |
| institution, except as authorized in section 2151.313 of the | 284 |
| Revised Code. | 285 |
| (2) Every clerk of a court of record in this state, other | 286 |
| than the supreme court or a court of appeals, shall send to the | 287 |
| superintendent of the bureau a weekly report containing a summary | 288 |
| of each case involving a felony, involving any crime constituting | 289 |
| a misdemeanor on the first offense and a felony on subsequent | 290 |
| offenses, involving a misdemeanor described in division (A)(1)(a), | 291 |
| (A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or | 292 |
| involving an adjudication in a case in which a child under | 293 |
| eighteen years of age was alleged to be a delinquent child for | 294 |
| committing an act that would be a felony or an offense of violence | 295 |
| if committed by an adult. The clerk of the court of common pleas | 296 |
| shall include in the report and summary the clerk sends under this | 297 |
| division all information described in divisions (A)(2)(a) to (f) | 298 |
| of this section regarding a case before the court of appeals that | 299 |
| is served by that clerk. The summary shall be written on the | 300 |
| standard forms furnished by the superintendent pursuant to | 301 |
| division (B) of this section and shall include the following | 302 |
| information: | 303 |
| (a) The incident tracking number contained on the standard | 304 |
| forms furnished by the superintendent pursuant to division (B) of | 305 |
| this section; | 306 |
| (b) The style and number of the case; | 307 |
| (c) The date of arrest, offense, summons, or arraignment; | 308 |
| (d) The date that the person was convicted of or pleaded | 309 |
| guilty to the offense, adjudicated a delinquent child for | 310 |
| committing the act that would be a felony or an offense of | 311 |
| violence if committed by an adult, found not guilty of the | 312 |
| offense, or found not to be a delinquent child for committing an | 313 |
| act that would be a felony or an offense of violence if committed | 314 |
| by an adult, the date of an entry dismissing the charge, an entry | 315 |
| declaring a mistrial of the offense in which the person is | 316 |
| discharged, an entry finding that the person or child is not | 317 |
| competent to stand trial, or an entry of a nolle prosequi, or the | 318 |
| date of any other determination that constitutes final resolution | 319 |
| of the case; | 320 |
| (e) A statement of the original charge with the section of | 321 |
| the Revised Code that was alleged to be violated; | 322 |
| (f) If the person or child was convicted, pleaded guilty, or | 323 |
| was adjudicated a delinquent child, the sentence or terms of | 324 |
| probation imposed or any other disposition of the offender or the | 325 |
| delinquent child. | 326 |
| If the offense involved the disarming of a law enforcement | 327 |
| officer or an attempt to disarm a law enforcement officer, the | 328 |
| clerk shall clearly state that fact in the summary, and the | 329 |
| superintendent shall ensure that a clear statement of that fact is | 330 |
| placed in the bureau's records. | 331 |
| (3) The superintendent shall cooperate with and assist | 332 |
| sheriffs, chiefs of police, and other law enforcement officers in | 333 |
| the establishment of a complete system of criminal identification | 334 |
| and in obtaining fingerprints and other means of identification of | 335 |
| all persons arrested on a charge of a felony, any crime | 336 |
| constituting a misdemeanor on the first offense and a felony on | 337 |
| subsequent offenses, or a misdemeanor described in division | 338 |
| (A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the | 339 |
| Revised Code and of all children under eighteen years of age | 340 |
| arrested or otherwise taken into custody for committing an act | 341 |
| that would be a felony or an offense of violence if committed by | 342 |
| an adult. The superintendent also shall file for record the | 343 |
| fingerprint impressions of all persons confined in a county, | 344 |
| multicounty, municipal, municipal-county, or multicounty-municipal | 345 |
| jail or workhouse, community-based correctional facility, halfway | 346 |
| house, alternative residential facility, or state correctional | 347 |
| institution for the violation of state laws and of all children | 348 |
| under eighteen years of age who are confined in a county, | 349 |
| multicounty, municipal, municipal-county, or multicounty-municipal | 350 |
| jail or workhouse, community-based correctional facility, halfway | 351 |
| house, alternative residential facility, or state correctional | 352 |
| institution or in any facility for delinquent children for | 353 |
| committing an act that would be a felony or an offense of violence | 354 |
| if committed by an adult, and any other information that the | 355 |
| superintendent may receive from law enforcement officials of the | 356 |
| state and its political subdivisions. | 357 |
| (4) The superintendent shall carry out Chapter 2950. of the | 358 |
| Revised Code with respect to the registration of persons who are | 359 |
| convicted of or plead guilty to a sexually oriented offense or a | 360 |
| child-victim oriented offense and with respect to all other duties | 361 |
| imposed on the bureau under that chapter. | 362 |
| (5) The bureau shall perform centralized recordkeeping | 363 |
| functions for criminal history records and services in this state | 364 |
| for purposes of the national crime prevention and privacy compact | 365 |
| set forth in section 109.571 of the Revised Code and is the | 366 |
| criminal history record repository as defined in that section for | 367 |
| purposes of that compact. The superintendent or the | 368 |
| superintendent's designee is the compact officer for purposes of | 369 |
| that compact and shall carry out the responsibilities of the | 370 |
| compact officer specified in that compact. | 371 |
| (6) The superintendent shall, upon request, assist a county | 372 |
| coroner in the identification of a deceased person through the use | 373 |
| of fingerprint impressions obtained pursuant to division (A)(1) of | 374 |
| this section or collected pursuant to section 109.572 or 311.41 of | 375 |
| the Revised Code. | 376 |
| (B) The superintendent shall prepare and furnish to every | 377 |
| county, multicounty, municipal, municipal-county, or | 378 |
| multicounty-municipal jail or workhouse, community-based | 379 |
| correctional facility, halfway house, alternative residential | 380 |
| facility, or state correctional institution and to every clerk of | 381 |
| a court in this state specified in division (A)(2) of this section | 382 |
| standard forms for reporting the information required under | 383 |
| division (A) of this section. The standard forms that the | 384 |
| superintendent prepares pursuant to this division may be in a | 385 |
| tangible format, in an electronic format, or in both tangible | 386 |
| formats and electronic formats. | 387 |
| (C)(1) The superintendent may operate a center for | 388 |
| electronic, automated, or other data processing for the storage | 389 |
| and retrieval of information, data, and statistics pertaining to | 390 |
| criminals and to children under eighteen years of age who are | 391 |
| adjudicated delinquent children for committing an act that would | 392 |
| be a felony or an offense of violence if committed by an adult, | 393 |
| criminal activity, crime prevention, law enforcement, and criminal | 394 |
| justice, and may establish and operate a statewide communications | 395 |
| network to be known as the Ohio law enforcement gateway to gather | 396 |
| and disseminate information, data, and statistics for the use of | 397 |
| law enforcement agencies and for other uses specified in this | 398 |
| division. The superintendent may gather, store, retrieve, and | 399 |
| disseminate information, data, and statistics that pertain to | 400 |
| children who are under eighteen years of age and that are gathered | 401 |
| pursuant to sections 109.57 to 109.61 of the Revised Code together | 402 |
| with information, data, and statistics that pertain to adults and | 403 |
| that are gathered pursuant to those sections. | 404 |
| (2) The superintendent or the superintendent's designee shall | 405 |
| gather information of the nature described in division (C)(1) of | 406 |
| this section that pertains to the offense and delinquency history | 407 |
| of a person who has been convicted of, pleaded guilty to, or been | 408 |
| adjudicated a delinquent child for committing a sexually oriented | 409 |
| offense or a child-victim oriented offense for inclusion in the | 410 |
| state registry of sex offenders and child-victim offenders | 411 |
| maintained pursuant to division (A)(1) of section 2950.13 of the | 412 |
| Revised Code and in the internet database operated pursuant to | 413 |
| division (A)(13) of that section and for possible inclusion in the | 414 |
| internet database operated pursuant to division (A)(11) of that | 415 |
| section. | 416 |
| (3) In addition to any other authorized use of information, | 417 |
| data, and statistics of the nature described in division (C)(1) of | 418 |
| this section, the superintendent or the superintendent's designee | 419 |
| may provide and exchange the information, data, and statistics | 420 |
| pursuant to the national crime prevention and privacy compact as | 421 |
| described in division (A)(5) of this section. | 422 |
| (4) The attorney general may adopt rules under Chapter 119. | 423 |
| of the Revised Code establishing guidelines for the operation of | 424 |
| and participation in the Ohio law enforcement gateway. The rules | 425 |
| may include criteria for granting and restricting access to | 426 |
| information gathered and disseminated through the Ohio law | 427 |
| enforcement gateway. The attorney general shall permit the state | 428 |
| medical board and board of nursing to access and view, but not | 429 |
| alter, information gathered and disseminated through the Ohio law | 430 |
| enforcement gateway. | 431 |
| The attorney general may appoint a steering committee to | 432 |
| advise the attorney general in the operation of the Ohio law | 433 |
| enforcement gateway that is comprised of persons who are | 434 |
| representatives of the criminal justice agencies in this state | 435 |
| that use the Ohio law enforcement gateway and is chaired by the | 436 |
| superintendent or the superintendent's designee. | 437 |
| (D)(1) The following are not public records under section | 438 |
| 149.43 of the Revised Code: | 439 |
| (a) Information and materials furnished to the superintendent | 440 |
| pursuant to division (A) of this section; | 441 |
| (b) Information, data, and statistics gathered or | 442 |
| disseminated through the Ohio law enforcement gateway pursuant to | 443 |
| division (C)(1) of this section; | 444 |
| (c) Information and materials furnished to any board or | 445 |
| person under division (F) or (G) of this section. | 446 |
| (2) The superintendent or the superintendent's designee shall | 447 |
| gather and retain information so furnished under division (A) of | 448 |
| this section that pertains to the offense and delinquency history | 449 |
| of a person who has been convicted of, pleaded guilty to, or been | 450 |
| adjudicated a delinquent child for committing a sexually oriented | 451 |
| offense or a child-victim oriented offense for the purposes | 452 |
| described in division (C)(2) of this section. | 453 |
| (E)(1) The attorney general shall adopt rules, in accordance | 454 |
| with Chapter 119. of the Revised Code and subject to division | 455 |
| (E)(2) of this section, setting forth the procedure by which a | 456 |
| person may receive or release information gathered by the | 457 |
| superintendent pursuant to division (A) of this section. A | 458 |
| reasonable fee may be charged for this service. If a temporary | 459 |
| employment service submits a request for a determination of | 460 |
| whether a person the service plans to refer to an employment | 461 |
| position has been convicted of or pleaded guilty to an offense | 462 |
| listed or described in division (A)(1), (2), or (3) of section | 463 |
| 109.572 of the Revised Code, the request shall be treated as a | 464 |
| single request and only one fee shall be charged. | 465 |
| (2) Except as otherwise provided in this division or division | 466 |
| (E)(3) of this section, a rule adopted under division (E)(1) of | 467 |
| this section may provide only for the release of information | 468 |
| gathered pursuant to division (A) of this section that relates to | 469 |
| the conviction of a person, or a person's plea of guilty to, a | 470 |
| criminal offense or to the arrest of a person as provided in | 471 |
| division (E)(3) of this section. The superintendent shall not | 472 |
| release, and the attorney general shall not adopt any rule under | 473 |
| division (E)(1) of this section that permits the release of, any | 474 |
| information gathered pursuant to division (A) of this section that | 475 |
| relates to an adjudication of a child as a delinquent child, or | 476 |
| that relates to a criminal conviction of a person under eighteen | 477 |
| years of age if the person's case was transferred back to a | 478 |
| juvenile court under division (B)(2) or (3) of section 2152.121 of | 479 |
| the Revised Code and the juvenile court imposed a disposition or | 480 |
| serious youthful offender disposition upon the person under either | 481 |
| division, unless either of the following applies with respect to | 482 |
| the adjudication or conviction: | 483 |
| (a) The adjudication or conviction was for a violation of | 484 |
| section 2903.01 or 2903.02 of the Revised Code. | 485 |
| (b) The adjudication or conviction was for a sexually | 486 |
| oriented offense, the juvenile court was required to classify the | 487 |
| child a juvenile offender registrant for that offense under | 488 |
| section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that | 489 |
| classification has not been removed. | 490 |
| (3) A rule adopted under division (E)(1) of this section may | 491 |
| provide for the release of information gathered pursuant to | 492 |
| division (A) of this section that relates to the arrest of a | 493 |
| person when the release is pursuant to a criminal records check | 494 |
| requested with respect to the person for purposes of potential | 495 |
| employment with a law enforcement agency and either of the | 496 |
| following applies: | 497 |
| (a) A criminal action resulting from the arrest is pending. | 498 |
| (b) The bureau cannot reasonably determine whether there has | 499 |
| been a final disposition made of a criminal action resulting from | 500 |
| the arrest. | 501 |
| (F)(1) As used in division (F)(2) of this section, "head | 502 |
| start agency" means an entity in this state that has been approved | 503 |
| to be an agency for purposes of subchapter II of the "Community | 504 |
| Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 505 |
| as amended. | 506 |
| (2)(a) In addition to or in conjunction with any request that | 507 |
| is required to be made under section 109.572, 2151.86, 3301.32, | 508 |
| 3301.541, division (C) of section 3310.58, or section 3319.39, | 509 |
| 3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or | 510 |
| 5153.111 of the Revised Code or that is made under section | 511 |
| 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the | 512 |
| board of education of any school district; the director of | 513 |
| developmental disabilities; any county board of developmental | 514 |
| disabilities; any provider or subcontractor as defined in section | 515 |
| 5123.081 of the Revised Code; the chief administrator of any | 516 |
| chartered nonpublic school; the chief administrator of a | 517 |
| registered private provider that is not also a chartered nonpublic | 518 |
| school; the chief administrator of any home health agency; the | 519 |
| chief administrator of or person operating any child day-care | 520 |
| center, type A family day-care home, or type B family day-care | 521 |
| home licensed under Chapter 5104. of the Revised Code; the chief | 522 |
| administrator of any head start agency; the executive director of | 523 |
| a public children services agency; a private company described in | 524 |
| section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised | 525 |
| Code; or an employer described in division (J)(2) of section | 526 |
| 3327.10 of the Revised Code may request that the superintendent of | 527 |
| the bureau investigate and determine, with respect to any | 528 |
| individual who has applied for employment in any position after | 529 |
| October 2, 1989, or any individual wishing to apply for employment | 530 |
| with a board of education may request, with regard to the | 531 |
| individual, whether the bureau has any information gathered under | 532 |
| division (A) of this section that pertains to that individual. On | 533 |
| receipt of the request, subject to division (E)(2) of this | 534 |
| section, the superintendent shall determine whether that | 535 |
| information exists and, upon request of the person, board, or | 536 |
| entity requesting information, also shall request from the federal | 537 |
| bureau of investigation any criminal records it has pertaining to | 538 |
| that individual. The superintendent or the superintendent's | 539 |
| designee also may request criminal history records from other | 540 |
| states or the federal government pursuant to the national crime | 541 |
| prevention and privacy compact set forth in section 109.571 of the | 542 |
| Revised Code. Within thirty days of the date that the | 543 |
| superintendent receives a request, subject to division (E)(2) of | 544 |
| this section, the superintendent shall send to the board, entity, | 545 |
| or person a report of any information that the superintendent | 546 |
| determines exists, including information contained in records that | 547 |
| have been sealed under section 2953.32 of the Revised Code, and, | 548 |
| within thirty days of its receipt, subject to division (E)(2) of | 549 |
| this section, shall send the board, entity, or person a report of | 550 |
| any information received from the federal bureau of investigation, | 551 |
| other than information the dissemination of which is prohibited by | 552 |
| federal law. | 553 |
| (b) When a board of education or a registered private | 554 |
| provider is required to receive information under this section as | 555 |
| a prerequisite to employment of an individual pursuant to division | 556 |
| (C) of section 3310.58 or section 3319.39 of the Revised Code, it | 557 |
| may accept a certified copy of records that were issued by the | 558 |
| bureau of criminal identification and investigation and that are | 559 |
| presented by an individual applying for employment with the | 560 |
| district in lieu of requesting that information itself. In such a | 561 |
| case, the board shall accept the certified copy issued by the | 562 |
| bureau in order to make a photocopy of it for that individual's | 563 |
| employment application documents and shall return the certified | 564 |
| copy to the individual. In a case of that nature, a district or | 565 |
| provider only shall accept a certified copy of records of that | 566 |
| nature within one year after the date of their issuance by the | 567 |
| bureau. | 568 |
| (c) Notwithstanding division (F)(2)(a) of this section, in | 569 |
| the case of a request under section 3319.39, 3319.391, or 3327.10 | 570 |
| of the Revised Code only for criminal records maintained by the | 571 |
| federal bureau of investigation, the superintendent shall not | 572 |
| determine whether any information gathered under division (A) of | 573 |
| this section exists on the person for whom the request is made. | 574 |
| (3) The state board of education may request, with respect to | 575 |
| any individual who has applied for employment after October 2, | 576 |
| 1989, in any position with the state board or the department of | 577 |
| education, any information that a school district board of | 578 |
| education is authorized to request under division (F)(2) of this | 579 |
| section, and the superintendent of the bureau shall proceed as if | 580 |
| the request has been received from a school district board of | 581 |
| education under division (F)(2) of this section. | 582 |
| (4) When the superintendent of the bureau receives a request | 583 |
| for information under section 3319.291 of the Revised Code, the | 584 |
| superintendent shall proceed as if the request has been received | 585 |
| from a school district board of education and shall comply with | 586 |
| divisions (F)(2)(a) and (c) of this section. | 587 |
| (5) When a recipient of a classroom reading improvement grant | 588 |
| paid under section 3301.86 of the Revised Code requests, with | 589 |
| respect to any individual who applies to participate in providing | 590 |
| any program or service funded in whole or in part by the grant, | 591 |
| the information that a school district board of education is | 592 |
| authorized to request under division (F)(2)(a) of this section, | 593 |
| the superintendent of the bureau shall proceed as if the request | 594 |
| has been received from a school district board of education under | 595 |
| division (F)(2)(a) of this section. | 596 |
| (G) In addition to or in conjunction with any request that is | 597 |
| required to be made under section 3701.881, 3712.09, or 3721.121 | 598 |
| of the Revised Code with respect to an individual who has applied | 599 |
| for employment in a position that involves providing direct care | 600 |
| to an older adult or adult resident, the chief administrator of a | 601 |
| home health agency, hospice care program, home licensed under | 602 |
| Chapter 3721. of the Revised Code, or adult day-care program | 603 |
| operated pursuant to rules adopted under section 3721.04 of the | 604 |
| Revised Code may request that the superintendent of the bureau | 605 |
| investigate and determine, with respect to any individual who has | 606 |
| applied after January 27, 1997, for employment in a position that | 607 |
| does not involve providing direct care to an older adult or adult | 608 |
| resident, whether the bureau has any information gathered under | 609 |
| division (A) of this section that pertains to that individual. | 610 |
| In addition to or in conjunction with any request that is | 611 |
| required to be made under section 173.27 of the Revised Code with | 612 |
| respect to an individual who has applied for employment in a | 613 |
| position that involves providing ombudsman services to residents | 614 |
| of long-term care facilities or recipients of community-based | 615 |
| long-term care services, the state long-term care ombudsman, the | 616 |
| director of aging, a regional long-term care ombudsman program, or | 617 |
| the designee of the ombudsman, director, or program may request | 618 |
| that the superintendent investigate and determine, with respect to | 619 |
| any individual who has applied for employment in a position that | 620 |
| does not involve providing such ombudsman services, whether the | 621 |
| bureau has any information gathered under division (A) of this | 622 |
| section that pertains to that applicant. | 623 |
| In addition to or in conjunction with any request that is | 624 |
| required to be made under section 173.38 of the Revised Code with | 625 |
| respect to an individual who has applied for employment in a | 626 |
| direct-care position, the chief administrator of a provider, as | 627 |
| defined in section 173.39 of the Revised Code, may request that | 628 |
| the superintendent investigate and determine, with respect to any | 629 |
| individual who has applied for employment in a position that is | 630 |
| not a direct-care position, whether the bureau has any information | 631 |
| gathered under division (A) of this section that pertains to that | 632 |
| applicant. | 633 |
| In addition to or in conjunction with any request that is | 634 |
| required to be made under section 3712.09 of the Revised Code with | 635 |
| respect to an individual who has applied for employment in a | 636 |
| position that involves providing direct care to a pediatric | 637 |
| respite care patient, the chief administrator of a pediatric | 638 |
| respite care program may request that the superintendent of the | 639 |
| bureau investigate and determine, with respect to any individual | 640 |
| who has applied for employment in a position that does not involve | 641 |
| providing direct care to a pediatric respite care patient, whether | 642 |
| the bureau has any information gathered under division (A) of this | 643 |
| section that pertains to that individual. | 644 |
| On receipt of a request under this division, the | 645 |
| superintendent shall determine whether that information exists | 646 |
| and, on request of the individual requesting information, shall | 647 |
| also request from the federal bureau of investigation any criminal | 648 |
| records it has pertaining to the applicant. The superintendent or | 649 |
| the superintendent's designee also may request criminal history | 650 |
| records from other states or the federal government pursuant to | 651 |
| the national crime prevention and privacy compact set forth in | 652 |
| section 109.571 of the Revised Code. Within thirty days of the | 653 |
| date a request is received, subject to division (E)(2) of this | 654 |
| section, the superintendent shall send to the requester a report | 655 |
| of any information determined to exist, including information | 656 |
| contained in records that have been sealed under section 2953.32 | 657 |
| of the Revised Code, and, within thirty days of its receipt, shall | 658 |
| send the requester a report of any information received from the | 659 |
| federal bureau of investigation, other than information the | 660 |
| dissemination of which is prohibited by federal law. | 661 |
| (H) Information obtained by a government entity or person | 662 |
| under this section is confidential and shall not be released or | 663 |
| disseminated. | 664 |
| (I) The superintendent may charge a reasonable fee for | 665 |
| providing information or criminal records under division (F)(2) or | 666 |
| (G) of this section. | 667 |
| (J) As used in this section: | 668 |
| (1) "Pediatric respite care program" and "pediatric care | 669 |
| patient" have the same meanings as in section 3712.01 of the | 670 |
| Revised Code. | 671 |
| (2) "Sexually oriented offense" and "child-victim oriented | 672 |
| offense" have the same meanings as in section 2950.01 of the | 673 |
| Revised Code. | 674 |
| (3) "Registered private provider" means a nonpublic school or | 675 |
| entity registered with the superintendent of public instruction | 676 |
| under section 3310.41 of the Revised Code to participate in the | 677 |
| autism scholarship program or section 3310.58 of the Revised Code | 678 |
| to participate in the Jon Peterson special needs scholarship | 679 |
| program. | 680 |
| Sec. 109.572. (A)(1) Upon receipt of a request pursuant to | 681 |
| section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, | 682 |
| a completed form prescribed pursuant to division (C)(1) of this | 683 |
| section, and a set of fingerprint impressions obtained in the | 684 |
| manner described in division (C)(2) of this section, the | 685 |
| superintendent of the bureau of criminal identification and | 686 |
| investigation shall conduct a criminal records check in the manner | 687 |
| described in division (B) of this section to determine whether any | 688 |
| information exists that indicates that the person who is the | 689 |
| subject of the request previously has been convicted of or pleaded | 690 |
| guilty to any of the following: | 691 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 692 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 693 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 694 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 695 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 696 |
| 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 697 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 698 |
| 2925.06, or 3716.11 of the Revised Code, felonious sexual | 699 |
| penetration in violation of former section 2907.12 of the Revised | 700 |
| Code, a violation of section 2905.04 of the Revised Code as it | 701 |
| existed prior to July 1, 1996, a violation of section 2919.23 of | 702 |
| the Revised Code that would have been a violation of section | 703 |
| 2905.04 of the Revised Code as it existed prior to July 1, 1996, | 704 |
| had the violation been committed prior to that date, or a | 705 |
| violation of section 2925.11 of the Revised Code that is not a | 706 |
| minor drug possession offense; | 707 |
| (b) A violation of an existing or former law of this state, | 708 |
| any other state, or the United States that is substantially | 709 |
| equivalent to any of the offenses listed in division (A)(1)(a) of | 710 |
| this section; | 711 |
| (c) If the request is made pursuant to section 3319.39 of the | 712 |
| Revised Code for an applicant who is a teacher, any offense | 713 |
| specified in section 3319.31 of the Revised Code. | 714 |
| (2) On receipt of a request pursuant to section 3712.09 or | 715 |
| 3721.121 of the Revised Code, a completed form prescribed pursuant | 716 |
| to division (C)(1) of this section, and a set of fingerprint | 717 |
| impressions obtained in the manner described in division (C)(2) of | 718 |
| this section, the superintendent of the bureau of criminal | 719 |
| identification and investigation shall conduct a criminal records | 720 |
| check with respect to any person who has applied for employment in | 721 |
| a position for which a criminal records check is required by those | 722 |
| sections. The superintendent shall conduct the criminal records | 723 |
| check in the manner described in division (B) of this section to | 724 |
| determine whether any information exists that indicates that the | 725 |
| person who is the subject of the request previously has been | 726 |
| convicted of or pleaded guilty to any of the following: | 727 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 728 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 729 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 730 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 731 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 732 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 733 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 734 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 735 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code; | 736 |
| (b) An existing or former law of this state, any other state, | 737 |
| or the United States that is substantially equivalent to any of | 738 |
| the offenses listed in division (A)(2)(a) of this section. | 739 |
| (3) On receipt of a request pursuant to section 173.27, | 740 |
| 173.38, 3701.881, 5164.34, 5164.341, 5164.342, 5123.081, or | 741 |
| 5123.169 of the Revised Code, a completed form prescribed pursuant | 742 |
| to division (C)(1) of this section, and a set of fingerprint | 743 |
| impressions obtained in the manner described in division (C)(2) of | 744 |
| this section, the superintendent of the bureau of criminal | 745 |
| identification and investigation shall conduct a criminal records | 746 |
| check of the person for whom the request is made. The | 747 |
| superintendent shall conduct the criminal records check in the | 748 |
| manner described in division (B) of this section to determine | 749 |
| whether any information exists that indicates that the person who | 750 |
| is the subject of the request previously has been convicted of, | 751 |
| has pleaded guilty to, or (except in the case of a request | 752 |
| pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised | 753 |
| Code) has been found eligible for intervention in lieu of | 754 |
| conviction for any of the following, regardless of the date of the | 755 |
| conviction, the date of entry of the guilty plea, or (except in | 756 |
| the case of a request pursuant to section 5164.34, 5164.341, or | 757 |
| 5164.342 of the Revised Code) the date the person was found | 758 |
| eligible for intervention in lieu of conviction: | 759 |
| (a) A violation of section 959.13, 959.131, 2903.01, 2903.02, | 760 |
| 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, | 761 |
| 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, | 762 |
| 2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02, | 763 |
| 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 764 |
| 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, | 765 |
| 2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, | 766 |
| 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, | 767 |
| 2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, | 768 |
| 2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 769 |
| 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, | 770 |
| 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, | 771 |
| 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12, | 772 |
| 2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35, | 773 |
| 2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, | 774 |
| 2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04, | 775 |
| 2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14, | 776 |
| 2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56, | 777 |
| 2927.12, or 3716.11 of the Revised Code; | 778 |
| (b) Felonious sexual penetration in violation of former | 779 |
| section 2907.12 of the Revised Code; | 780 |
| (c) A violation of section 2905.04 of the Revised Code as it | 781 |
| existed prior to July 1, 1996; | 782 |
| (d) A violation of section 2923.01, 2923.02, or 2923.03 of | 783 |
| the Revised Code when the underlying offense that is the object of | 784 |
| the conspiracy, attempt, or complicity is one of the offenses | 785 |
| listed in divisions (A)(3)(a) to (c) of this section; | 786 |
| (e) A violation of an existing or former municipal ordinance | 787 |
| or law of this state, any other state, or the United States that | 788 |
| is substantially equivalent to any of the offenses listed in | 789 |
| divisions (A)(3)(a) to (d) of this section. | 790 |
| (4) On receipt of a request pursuant to section 2151.86 of | 791 |
| the Revised Code, a completed form prescribed pursuant to division | 792 |
| (C)(1) of this section, and a set of fingerprint impressions | 793 |
| obtained in the manner described in division (C)(2) of this | 794 |
| section, the superintendent of the bureau of criminal | 795 |
| identification and investigation shall conduct a criminal records | 796 |
| check in the manner described in division (B) of this section to | 797 |
| determine whether any information exists that indicates that the | 798 |
| person who is the subject of the request previously has been | 799 |
| convicted of or pleaded guilty to any of the following: | 800 |
| (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 801 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, | 802 |
| 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, | 803 |
| 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 804 |
| 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 805 |
| 2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, | 806 |
| 2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, | 807 |
| 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, | 808 |
| 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 | 809 |
| of the Revised Code, a violation of section 2905.04 of the Revised | 810 |
| Code as it existed prior to July 1, 1996, a violation of section | 811 |
| 2919.23 of the Revised Code that would have been a violation of | 812 |
| section 2905.04 of the Revised Code as it existed prior to July 1, | 813 |
| 1996, had the violation been committed prior to that date, a | 814 |
| violation of section 2925.11 of the Revised Code that is not a | 815 |
| minor drug possession offense, two or more OVI or OVUAC violations | 816 |
| committed within the three years immediately preceding the | 817 |
| submission of the application or petition that is the basis of the | 818 |
| request, or felonious sexual penetration in violation of former | 819 |
| section 2907.12 of the Revised Code; | 820 |
| (b) A violation of an existing or former law of this state, | 821 |
| any other state, or the United States that is substantially | 822 |
| equivalent to any of the offenses listed in division (A)(4)(a) of | 823 |
| this section. | 824 |
| (5) Upon receipt of a request pursuant to section 5104.012 or | 825 |
| 5104.013 of the Revised Code, a completed form prescribed pursuant | 826 |
| to division (C)(1) of this section, and a set of fingerprint | 827 |
| impressions obtained in the manner described in division (C)(2) of | 828 |
| this section, the superintendent of the bureau of criminal | 829 |
| identification and investigation shall conduct a criminal records | 830 |
| check in the manner described in division (B) of this section to | 831 |
| determine whether any information exists that indicates that the | 832 |
| person who is the subject of the request has been convicted of or | 833 |
| pleaded guilty to any of the following: | 834 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 835 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, | 836 |
| 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, | 837 |
| 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, | 838 |
| 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, | 839 |
| 2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, | 840 |
| 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 841 |
| 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 842 |
| 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, | 843 |
| 2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, | 844 |
| 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or | 845 |
| 3716.11 of the Revised Code, felonious sexual penetration in | 846 |
| violation of former section 2907.12 of the Revised Code, a | 847 |
| violation of section 2905.04 of the Revised Code as it existed | 848 |
| prior to July 1, 1996, a violation of section 2919.23 of the | 849 |
| Revised Code that would have been a violation of section 2905.04 | 850 |
| of the Revised Code as it existed prior to July 1, 1996, had the | 851 |
| violation been committed prior to that date, a violation of | 852 |
| section 2925.11 of the Revised Code that is not a minor drug | 853 |
| possession offense, a violation of section 2923.02 or 2923.03 of | 854 |
| the Revised Code that relates to a crime specified in this | 855 |
| division, or a second violation of section 4511.19 of the Revised | 856 |
| Code within five years of the date of application for licensure or | 857 |
| certification. | 858 |
| (b) A violation of an existing or former law of this state, | 859 |
| any other state, or the United States that is substantially | 860 |
| equivalent to any of the offenses or violations described in | 861 |
| division (A)(5)(a) of this section. | 862 |
| (6) Upon receipt of a request pursuant to section 5153.111 of | 863 |
| the Revised Code, a completed form prescribed pursuant to division | 864 |
| (C)(1) of this section, and a set of fingerprint impressions | 865 |
| obtained in the manner described in division (C)(2) of this | 866 |
| section, the superintendent of the bureau of criminal | 867 |
| identification and investigation shall conduct a criminal records | 868 |
| check in the manner described in division (B) of this section to | 869 |
| determine whether any information exists that indicates that the | 870 |
| person who is the subject of the request previously has been | 871 |
| convicted of or pleaded guilty to any of the following: | 872 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 873 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 874 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 875 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 876 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 877 |
| 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 878 |
| 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 879 |
| 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, | 880 |
| felonious sexual penetration in violation of former section | 881 |
| 2907.12 of the Revised Code, a violation of section 2905.04 of the | 882 |
| Revised Code as it existed prior to July 1, 1996, a violation of | 883 |
| section 2919.23 of the Revised Code that would have been a | 884 |
| violation of section 2905.04 of the Revised Code as it existed | 885 |
| prior to July 1, 1996, had the violation been committed prior to | 886 |
| that date, or a violation of section 2925.11 of the Revised Code | 887 |
| that is not a minor drug possession offense; | 888 |
| (b) A violation of an existing or former law of this state, | 889 |
| any other state, or the United States that is substantially | 890 |
| equivalent to any of the offenses listed in division (A)(6)(a) of | 891 |
| this section. | 892 |
| (7) On receipt of a request for a criminal records check from | 893 |
| an individual pursuant to section 4749.03 or 4749.06 of the | 894 |
| Revised Code, accompanied by a completed copy of the form | 895 |
| prescribed in division (C)(1) of this section and a set of | 896 |
| fingerprint impressions obtained in a manner described in division | 897 |
| (C)(2) of this section, the superintendent of the bureau of | 898 |
| criminal identification and investigation shall conduct a criminal | 899 |
| records check in the manner described in division (B) of this | 900 |
| section to determine whether any information exists indicating | 901 |
| that the person who is the subject of the request has been | 902 |
| convicted of or pleaded guilty to a felony in this state or in any | 903 |
| other state. If the individual indicates that a firearm will be | 904 |
| carried in the course of business, the superintendent shall | 905 |
| require information from the federal bureau of investigation as | 906 |
| described in division (B)(2) of this section. Subject to division | 907 |
| (F) of this section, the superintendent shall report the findings | 908 |
| of the criminal records check and any information the federal | 909 |
| bureau of investigation provides to the director of public safety. | 910 |
| (8) On receipt of a request pursuant to section 1321.37, | 911 |
| 1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised | 912 |
| Code, a completed form prescribed pursuant to division (C)(1) of | 913 |
| this section, and a set of fingerprint impressions obtained in the | 914 |
| manner described in division (C)(2) of this section, the | 915 |
| superintendent of the bureau of criminal identification and | 916 |
| investigation shall conduct a criminal records check with respect | 917 |
| to any person who has applied for a license, permit, or | 918 |
| certification from the department of commerce or a division in the | 919 |
| department. The superintendent shall conduct the criminal records | 920 |
| check in the manner described in division (B) of this section to | 921 |
| determine whether any information exists that indicates that the | 922 |
| person who is the subject of the request previously has been | 923 |
| convicted of or pleaded guilty to any of the following: a | 924 |
| violation of section 2913.02, 2913.11, 2913.31, 2913.51, or | 925 |
| 2925.03 of the Revised Code; any other criminal offense involving | 926 |
| theft, receiving stolen property, embezzlement, forgery, fraud, | 927 |
| passing bad checks, money laundering, or drug trafficking, or any | 928 |
| criminal offense involving money or securities, as set forth in | 929 |
| Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of | 930 |
| the Revised Code; or any existing or former law of this state, any | 931 |
| other state, or the United States that is substantially equivalent | 932 |
| to those offenses. | 933 |
| (9) On receipt of a request for a criminal records check from | 934 |
| the treasurer of state under section 113.041 of the Revised Code | 935 |
| or from an individual under section 4701.08, 4715.101, 4717.061, | 936 |
| 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, | 937 |
| 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296, | 938 |
| 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70, | 939 |
| 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, | 940 |
| 4762.06, 4776.021, 4779.091, or 4783.04 of the Revised Code, | 941 |
| accompanied by a completed form prescribed under division (C)(1) | 942 |
| of this section and a set of fingerprint impressions obtained in | 943 |
| the manner described in division (C)(2) of this section, the | 944 |
| superintendent of the bureau of criminal identification and | 945 |
| investigation shall conduct a criminal records check in the manner | 946 |
| described in division (B) of this section to determine whether any | 947 |
| information exists that indicates that the person who is the | 948 |
| subject of the request has been convicted of or pleaded guilty to | 949 |
| any criminal offense in this state or any other state. Subject to | 950 |
| division (F) of this section, the superintendent shall send the | 951 |
| results of a check requested under section 113.041 of the Revised | 952 |
| Code to the treasurer of state and shall send the results of a | 953 |
| check requested under any of the other listed sections to the | 954 |
| licensing board specified by the individual in the request. | 955 |
| (10) On receipt of a request pursuant to section 1121.23, | 956 |
| 1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised | 957 |
| Code, a completed form prescribed pursuant to division (C)(1) of | 958 |
| this section, and a set of fingerprint impressions obtained in the | 959 |
| manner described in division (C)(2) of this section, the | 960 |
| superintendent of the bureau of criminal identification and | 961 |
| investigation shall conduct a criminal records check in the manner | 962 |
| described in division (B) of this section to determine whether any | 963 |
| information exists that indicates that the person who is the | 964 |
| subject of the request previously has been convicted of or pleaded | 965 |
| guilty to any criminal offense under any existing or former law of | 966 |
| this state, any other state, or the United States. | 967 |
| (11) On receipt of a request for a criminal records check | 968 |
| from an appointing or licensing authority under section 3772.07 of | 969 |
| the Revised Code, a completed form prescribed under division | 970 |
| (C)(1) of this section, and a set of fingerprint impressions | 971 |
| obtained in the manner prescribed in division (C)(2) of this | 972 |
| section, the superintendent of the bureau of criminal | 973 |
| identification and investigation shall conduct a criminal records | 974 |
| check in the manner described in division (B) of this section to | 975 |
| determine whether any information exists that indicates that the | 976 |
| person who is the subject of the request previously has been | 977 |
| convicted of or pleaded guilty or no contest to any offense under | 978 |
| any existing or former law of this state, any other state, or the | 979 |
| United States that is a disqualifying offense as defined in | 980 |
| section 3772.07 of the Revised Code or substantially equivalent to | 981 |
| such an offense. | 982 |
| (12) On receipt of a request pursuant to section 2151.33 or | 983 |
| 2151.412 of the Revised Code, a completed form prescribed pursuant | 984 |
| to division (C)(1) of this section, and a set of fingerprint | 985 |
| impressions obtained in the manner described in division (C)(2) of | 986 |
| this section, the superintendent of the bureau of criminal | 987 |
| identification and investigation shall conduct a criminal records | 988 |
| check with respect to any person for whom a criminal records check | 989 |
| is required by that section. The superintendent shall conduct the | 990 |
| criminal records check in the manner described in division (B) of | 991 |
| this section to determine whether any information exists that | 992 |
| indicates that the person who is the subject of the request | 993 |
| previously has been convicted of or pleaded guilty to any of the | 994 |
| following: | 995 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 996 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 997 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 998 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 999 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 1000 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 1001 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 1002 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 1003 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code; | 1004 |
| (b) An existing or former law of this state, any other state, | 1005 |
| or the United States that is substantially equivalent to any of | 1006 |
| the offenses listed in division (A)(12)(a) of this section. | 1007 |
| (B) Subject to division (F) of this section, the | 1008 |
| superintendent shall conduct any criminal records check to be | 1009 |
| conducted under this section as follows: | 1010 |
| (1) The superintendent shall review or cause to be reviewed | 1011 |
| any relevant information gathered and compiled by the bureau under | 1012 |
| division (A) of section 109.57 of the Revised Code that relates to | 1013 |
| the person who is the subject of the criminal records check, | 1014 |
| including, if the criminal records check was requested under | 1015 |
| section 113.041, 121.08, 173.27, 173.38, 1121.23, 1155.03, | 1016 |
| 1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031, | 1017 |
| 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, | 1018 |
| 3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, | 1019 |
| 5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or | 1020 |
| 5153.111 of the Revised Code, any relevant information contained | 1021 |
| in records that have been sealed under section 2953.32 of the | 1022 |
| Revised Code; | 1023 |
| (2) If the request received by the superintendent asks for | 1024 |
| information from the federal bureau of investigation, the | 1025 |
| superintendent shall request from the federal bureau of | 1026 |
| investigation any information it has with respect to the person | 1027 |
| who is the subject of the criminal records check, including | 1028 |
| fingerprint-based checks of national crime information databases | 1029 |
| as described in 42 U.S.C. 671 if the request is made pursuant to | 1030 |
| section 2151.86, 5104.012, or 5104.013 of the Revised Code or if | 1031 |
| any other Revised Code section requires fingerprint-based checks | 1032 |
| of that nature, and shall review or cause to be reviewed any | 1033 |
| information the superintendent receives from that bureau. If a | 1034 |
| request under section 3319.39 of the Revised Code asks only for | 1035 |
| information from the federal bureau of investigation, the | 1036 |
| superintendent shall not conduct the review prescribed by division | 1037 |
| (B)(1) of this section. | 1038 |
| (3) The superintendent or the superintendent's designee may | 1039 |
| request criminal history records from other states or the federal | 1040 |
| government pursuant to the national crime prevention and privacy | 1041 |
| compact set forth in section 109.571 of the Revised Code. | 1042 |
| (4) The superintendent shall include in the results of the | 1043 |
| criminal records check a list or description of the offenses | 1044 |
| listed or described in division (A)(1), (2), (3), (4), (5), (6), | 1045 |
| (7), (8), (9), (10), (11), or (12) of this section, whichever | 1046 |
| division requires the superintendent to conduct the criminal | 1047 |
| records check. The superintendent shall exclude from the results | 1048 |
| any information the dissemination of which is prohibited by | 1049 |
| federal law. | 1050 |
| (5) The superintendent shall send the results of the criminal | 1051 |
| records check to the person to whom it is to be sent not later | 1052 |
| than the following number of days after the date the | 1053 |
| superintendent receives the request for the criminal records | 1054 |
| check, the completed form prescribed under division (C)(1) of this | 1055 |
| section, and the set of fingerprint impressions obtained in the | 1056 |
| manner described in division (C)(2) of this section: | 1057 |
| (a) If the superintendent is required by division (A) of this | 1058 |
| section (other than division (A)(3) of this section) to conduct | 1059 |
| the criminal records check, thirty; | 1060 |
| (b) If the superintendent is required by division (A)(3) of | 1061 |
| this section to conduct the criminal records check, sixty. | 1062 |
| (C)(1) The superintendent shall prescribe a form to obtain | 1063 |
| the information necessary to conduct a criminal records check from | 1064 |
| any person for whom a criminal records check is to be conducted | 1065 |
| under this section. The form that the superintendent prescribes | 1066 |
| pursuant to this division may be in a tangible format, in an | 1067 |
| electronic format, or in both tangible and electronic formats. | 1068 |
| (2) The superintendent shall prescribe standard impression | 1069 |
| sheets to obtain the fingerprint impressions of any person for | 1070 |
| whom a criminal records check is to be conducted under this | 1071 |
| section. Any person for whom a records check is to be conducted | 1072 |
| under this section shall obtain the fingerprint impressions at a | 1073 |
| county sheriff's office, municipal police department, or any other | 1074 |
| entity with the ability to make fingerprint impressions on the | 1075 |
| standard impression sheets prescribed by the superintendent. The | 1076 |
| office, department, or entity may charge the person a reasonable | 1077 |
| fee for making the impressions. The standard impression sheets the | 1078 |
| superintendent prescribes pursuant to this division may be in a | 1079 |
| tangible format, in an electronic format, or in both tangible and | 1080 |
| electronic formats. | 1081 |
| (3) Subject to division (D) of this section, the | 1082 |
| superintendent shall prescribe and charge a reasonable fee for | 1083 |
| providing a criminal records check under this section. The person | 1084 |
| requesting the criminal records check shall pay the fee prescribed | 1085 |
| pursuant to this division. In the case of a request under section | 1086 |
| 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, | 1087 |
| 2151.412, or 5164.34 of the Revised Code, the fee shall be paid in | 1088 |
| the manner specified in that section. | 1089 |
| (4) The superintendent of the bureau of criminal | 1090 |
| identification and investigation may prescribe methods of | 1091 |
| forwarding fingerprint impressions and information necessary to | 1092 |
| conduct a criminal records check, which methods shall include, but | 1093 |
| not be limited to, an electronic method. | 1094 |
| (D) The results of a criminal records check conducted under | 1095 |
| this section, other than a criminal records check specified in | 1096 |
| division (A)(7) of this section, are valid for the person who is | 1097 |
| the subject of the criminal records check for a period of one year | 1098 |
| from the date upon which the superintendent completes the criminal | 1099 |
| records check. If during that period the superintendent receives | 1100 |
| another request for a criminal records check to be conducted under | 1101 |
| this section for that person, the superintendent shall provide the | 1102 |
| results from the previous criminal records check of the person at | 1103 |
| a lower fee than the fee prescribed for the initial criminal | 1104 |
| records check. | 1105 |
| (E) When the superintendent receives a request for | 1106 |
| information from a registered private provider, the superintendent | 1107 |
| shall proceed as if the request was received from a school | 1108 |
| district board of education under section 3319.39 of the Revised | 1109 |
| Code. The superintendent shall apply division (A)(1)(c) of this | 1110 |
| section to any such request for an applicant who is a teacher. | 1111 |
| (F)(1) | 1112 |
| information regarding the results of a criminal records check | 1113 |
| conducted under this section that the superintendent reports or | 1114 |
| sends under division (A)(7) or (9) of this section to the director | 1115 |
| of public safety, the treasurer of state, or the person, board, or | 1116 |
| entity that made the request for the criminal records check shall | 1117 |
| relate to the conviction of the subject person, or the subject | 1118 |
| person's plea of guilty to, a criminal offense. | 1119 |
| (2) Division (F)(1) of this section does not limit, restrict, | 1120 |
|
or preclude the superintendent's release of | 1121 |
| following: | 1122 |
| (a) Information that relates to the arrest of a person and | 1123 |
| that is authorized to be released under division (E)(3) of section | 1124 |
| 109.57 of the Revised Code; | 1125 |
| (b) Information that relates to an adjudication of a child as | 1126 |
| a delinquent child, or that relates to a criminal conviction of a | 1127 |
| person under eighteen years of age if the person's case was | 1128 |
| transferred back to a juvenile court under division (B)(2) or (3) | 1129 |
| of section 2152.121 of the Revised Code and the juvenile court | 1130 |
| imposed a disposition or serious youthful offender disposition | 1131 |
| upon the person under either division, if either of the following | 1132 |
| applies with respect to the adjudication or conviction: | 1133 |
| | 1134 |
| section 2903.01 or 2903.02 of the Revised Code. | 1135 |
| | 1136 |
| oriented offense, as defined in section 2950.01 of the Revised | 1137 |
| Code, the juvenile court was required to classify the child a | 1138 |
| juvenile offender registrant for that offense under section | 1139 |
| 2152.82, 2152.83, or 2152.86 of the Revised Code, and that | 1140 |
| classification has not been removed. | 1141 |
| (G) As used in this section: | 1142 |
| (1) "Criminal records check" means any criminal records check | 1143 |
| conducted by the superintendent of the bureau of criminal | 1144 |
| identification and investigation in accordance with division (B) | 1145 |
| of this section. | 1146 |
| (2) "Minor drug possession offense" has the same meaning as | 1147 |
| in section 2925.01 of the Revised Code. | 1148 |
| (3) "OVI or OVUAC violation" means a violation of section | 1149 |
| 4511.19 of the Revised Code or a violation of an existing or | 1150 |
| former law of this state, any other state, or the United States | 1151 |
| that is substantially equivalent to section 4511.19 of the Revised | 1152 |
| Code. | 1153 |
| (4) "Registered private provider" means a nonpublic school or | 1154 |
| entity registered with the superintendent of public instruction | 1155 |
| under section 3310.41 of the Revised Code to participate in the | 1156 |
| autism scholarship program or section 3310.58 of the Revised Code | 1157 |
| to participate in the Jon Peterson special needs scholarship | 1158 |
| program. | 1159 |
| Sec. 109.578. (A) On receipt of a request pursuant to section | 1160 |
| 505.381, 737.081, 737.221, or 4765.301 of the Revised Code, a | 1161 |
| completed form prescribed pursuant to division (C)(1) of this | 1162 |
| section, and a set of fingerprint impressions obtained in the | 1163 |
| manner described in division (C)(2) of this section, the | 1164 |
| superintendent of the bureau of criminal identification and | 1165 |
| investigation shall conduct a criminal records check in the manner | 1166 |
| described in division (B) of this section to determine whether any | 1167 |
| information exists that indicates that the person who is the | 1168 |
| subject of the request previously has been convicted of or pleaded | 1169 |
| guilty to any of the following: | 1170 |
| (1) A felony; | 1171 |
| (2) A violation of section 2909.03 of the Revised Code; | 1172 |
| (3) A violation of an existing or former law of this state, | 1173 |
| any other state, or the United States that is substantially | 1174 |
| equivalent to any of the offenses listed in division (A)(1) or (2) | 1175 |
| of this section. | 1176 |
| (B) Subject to division (E) of this section, the | 1177 |
| superintendent shall conduct any criminal records check pursuant | 1178 |
| to division (A) of this section as follows: | 1179 |
| (1) The superintendent shall review or cause to be reviewed | 1180 |
| any relevant information gathered and compiled by the bureau under | 1181 |
| division (A) of section 109.57 of the Revised Code that relates to | 1182 |
| the person who is the subject of the request, including any | 1183 |
| relevant information contained in records that have been sealed | 1184 |
| under section 2953.32 of the Revised Code. | 1185 |
| (2) If the request received by the superintendent asks for | 1186 |
| information from the federal bureau of investigation, the | 1187 |
| superintendent shall request from the federal bureau of | 1188 |
| investigation any information it has with respect to the person | 1189 |
| who is the subject of the request and shall review or cause to be | 1190 |
| reviewed any information the superintendent receives from that | 1191 |
| bureau. | 1192 |
| (C)(1) The superintendent shall prescribe a form to obtain | 1193 |
| the information necessary to conduct a criminal records check from | 1194 |
| any person for whom a criminal records check is requested pursuant | 1195 |
| to section 505.381, 737.081, 737.221, or 4765.301 of the Revised | 1196 |
| Code. The form that the superintendent prescribes pursuant to this | 1197 |
| division may be in a tangible format, in an electronic format, or | 1198 |
| in both tangible and electronic formats. | 1199 |
| (2) The superintendent shall prescribe standard impression | 1200 |
| sheets to obtain the fingerprint impressions of any person for | 1201 |
| whom a criminal records check is requested pursuant to section | 1202 |
| 505.381, 737.081, 737.221, or 4765.301 of the Revised Code. Any | 1203 |
| person for whom a records check is requested pursuant to any of | 1204 |
| those sections shall obtain the fingerprint impressions at a | 1205 |
| county sheriff's office, a municipal police department, or any | 1206 |
| other entity with the ability to make fingerprint impressions on | 1207 |
| the standard impression sheets prescribed by the superintendent. | 1208 |
| The office, department, or entity may charge the person a | 1209 |
| reasonable fee for making the impressions. The standard impression | 1210 |
| sheets the superintendent prescribes pursuant to this division may | 1211 |
| be in a tangible format, in an electronic format, or in both | 1212 |
| tangible and electronic formats. | 1213 |
| (3) Subject to division (D) of this section, the | 1214 |
| superintendent shall prescribe and charge a reasonable fee for | 1215 |
| providing a criminal records check requested under section | 1216 |
| 505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The | 1217 |
| person making the criminal records request shall pay the fee | 1218 |
| prescribed pursuant to this division. | 1219 |
| (4) The superintendent may prescribe methods of forwarding | 1220 |
| fingerprint impressions and information necessary to conduct a | 1221 |
| criminal records check. The methods shall include, but are not | 1222 |
| limited to, an electronic method. | 1223 |
| (D) A determination whether any information exists that | 1224 |
| indicates that a person previously has been convicted of or | 1225 |
| pleaded guilty to any offense listed or described in division (A) | 1226 |
| of this section and that the superintendent made with respect to | 1227 |
| information considered in a criminal records check in accordance | 1228 |
| with this section is valid for the person who is the subject of | 1229 |
| the criminal records check for a period of one year from the date | 1230 |
| upon which the superintendent makes the determination. During the | 1231 |
| period in which the determination in regard to a person is valid, | 1232 |
| if another request under this section is made for a criminal | 1233 |
| records check for that person, the superintendent shall provide | 1234 |
| the information that is the basis for the superintendent's initial | 1235 |
| determination at a lower fee than the fee prescribed for the | 1236 |
| initial criminal records check. | 1237 |
| (E)(1) | 1238 |
| information regarding the results of a criminal records check | 1239 |
| conducted under this section that the superintendent reports or | 1240 |
| sends under this section to the person, board, or entity that made | 1241 |
| the request for the criminal records check shall relate to the | 1242 |
| conviction of the subject person, or the subject person's plea of | 1243 |
| guilty to, a criminal offense. | 1244 |
| (2) Division (E)(1) of this section does not limit, restrict, | 1245 |
|
or preclude the superintendent's release of | 1246 |
| following: | 1247 |
| (a) Information that relates to the arrest of a person and | 1248 |
| that is authorized to be released under division (E)(3) of section | 1249 |
| 109.57 of the Revised Code; | 1250 |
| (b) Information that relates to an adjudication of a child as | 1251 |
| a delinquent child, or that relates to a criminal conviction of a | 1252 |
| person under eighteen years of age if the person's case was | 1253 |
| transferred back to a juvenile court under division (B)(2) or (3) | 1254 |
| of section 2152.121 of the Revised Code and the juvenile court | 1255 |
| imposed a disposition or serious youthful offender disposition | 1256 |
| upon the person under either division, if either of the following | 1257 |
| applies with respect to the adjudication or conviction: | 1258 |
| | 1259 |
| section 2903.01 or 2903.02 of the Revised Code. | 1260 |
| | 1261 |
| oriented offense, as defined in section 2950.01 of the Revised | 1262 |
| Code, the juvenile court was required to classify the child a | 1263 |
| juvenile offender registrant for that offense under section | 1264 |
| 2152.82, 2152.83, or 2152.86 of the Revised Code, and that | 1265 |
| classification has not been removed. | 1266 |
| (F) As used in this section, "criminal records check" means | 1267 |
| any criminal records check conducted by the superintendent of the | 1268 |
| bureau of criminal identification and investigation in accordance | 1269 |
| with division (B) of this section. | 1270 |
| Sec. 109.60. (A)(1) The sheriffs of the several counties and | 1271 |
| the chiefs of police of cities, immediately upon the arrest of any | 1272 |
| person for any felony, on suspicion of any felony, for a crime | 1273 |
| constituting a misdemeanor on the first offense and a felony on | 1274 |
| subsequent offenses, or for any misdemeanor described in division | 1275 |
| (A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the | 1276 |
| Revised Code, and immediately upon the arrest or taking into | 1277 |
| custody of any child under eighteen years of age for committing an | 1278 |
| act that would be a felony or an offense of violence if committed | 1279 |
| by an adult or upon probable cause to believe that a child of that | 1280 |
| age may have committed an act that would be a felony or an offense | 1281 |
| of violence if committed by an adult, shall take the person's or | 1282 |
| child's fingerprints, or cause the same to be taken, according to | 1283 |
| the fingerprint system of identification on the forms furnished by | 1284 |
| the superintendent of the bureau of criminal identification and | 1285 |
| investigation, and immediately shall forward copies of the | 1286 |
| completed forms, any other description that may be required, and | 1287 |
| the history of the offense committed to the bureau to be | 1288 |
| classified and filed and to the clerk of the court having | 1289 |
| jurisdiction over the prosecution of the offense or over the | 1290 |
| adjudication relative to the act. | 1291 |
| (2) Except as provided in division (B) of this section, if a | 1292 |
| person or child has not been arrested and first appears before a | 1293 |
| court or magistrate in response to a summons, or if a sheriff or | 1294 |
| chief of police has not taken, or caused to be taken, a person's | 1295 |
| or child's fingerprints in accordance with division (A)(1) of this | 1296 |
| section by the time of the arraignment or first appearance of the | 1297 |
| person or child, the court shall order the person or child to | 1298 |
| appear before the sheriff or chief of police within twenty-four | 1299 |
| hours to have the person's or child's fingerprints taken. The | 1300 |
| sheriff or chief of police shall take the person's or child's | 1301 |
| fingerprints, or cause the fingerprints to be taken, according to | 1302 |
| the fingerprint system of identification on the forms furnished by | 1303 |
| the superintendent of the bureau of criminal identification and | 1304 |
| investigation and, immediately after the person's or child's | 1305 |
| arraignment or first appearance, forward copies of the completed | 1306 |
| forms, any other description that may be required, and the history | 1307 |
| of the offense committed to the bureau to be classified and filed | 1308 |
| and to the clerk of the court. | 1309 |
| (3) Every court with jurisdiction over a case involving a | 1310 |
| person or child with respect to whom division (A)(1) or (2) of | 1311 |
| this section requires a sheriff or chief of police to take the | 1312 |
| person's or child's fingerprints shall inquire at the time of the | 1313 |
| person's or child's sentencing or adjudication whether or not the | 1314 |
| person or child has been fingerprinted pursuant to division (A)(1) | 1315 |
| or (2) of this section for the original arrest or court appearance | 1316 |
| upon which the sentence or adjudication is based. If the person or | 1317 |
| child was not fingerprinted for the original arrest or court | 1318 |
| appearance upon which the sentence or adjudication is based, the | 1319 |
| court shall take the person's or child's fingerprints or shall | 1320 |
| order the person or child to appear before the sheriff or chief of | 1321 |
| police within twenty-four hours to have the person's or child's | 1322 |
|
fingerprints taken. | 1323 |
| appear before the sheriff or chief of police to have the person's | 1324 |
| or child's fingerprints taken, the sheriff or chief of police | 1325 |
| shall take the person's or child's fingerprints, or cause the | 1326 |
| fingerprints to be taken, according to the fingerprint system of | 1327 |
| identification on the forms furnished by the superintendent of the | 1328 |
| bureau of criminal identification and investigation and | 1329 |
| immediately forward copies of the completed forms, any other | 1330 |
| description that may be required, and the history of the offense | 1331 |
| committed to the bureau to be classified and filed and to the | 1332 |
| clerk of the court. | 1333 |
| (4) If a person or child is in the custody of a law | 1334 |
| enforcement agency or a detention facility, as defined in section | 1335 |
| 2921.01 of the Revised Code, and the chief law enforcement officer | 1336 |
| or chief administrative officer of the detention facility | 1337 |
| discovers that a warrant has been issued or a bill of information | 1338 |
| has been filed alleging the person or child to have committed an | 1339 |
| offense or act other than the offense or act for which the person | 1340 |
| or child is in custody, and the other alleged offense or act is | 1341 |
| one for which fingerprints are to be taken pursuant to division | 1342 |
| (A)(1) of this section, the law enforcement agency or detention | 1343 |
| facility shall take the fingerprints of the person or child, or | 1344 |
| cause the fingerprints to be taken, according to the fingerprint | 1345 |
| system of identification on the forms furnished by the | 1346 |
| superintendent of the bureau of criminal identification and | 1347 |
| investigation and immediately forward copies of the completed | 1348 |
| forms, any other description that may be required, and the history | 1349 |
| of the offense committed to the bureau to be classified and filed | 1350 |
| and to the clerk of the court that issued the warrant or with | 1351 |
| which the bill of information was filed. | 1352 |
| (5) If an accused is found not guilty of the offense charged | 1353 |
| or a nolle prosequi is entered in any case, or if any accused | 1354 |
| child under eighteen years of age is found not to be a delinquent | 1355 |
| child for committing an act that would be a felony or an offense | 1356 |
| of violence if committed by an adult or not guilty of the felony | 1357 |
| or offense of violence charged or a nolle prosequi is entered in | 1358 |
| that case, the fingerprints and description shall be given to the | 1359 |
| accused upon the accused's request. | 1360 |
| (6) The superintendent shall compare the description received | 1361 |
| with those already on file in the bureau, and, if the | 1362 |
| superintendent finds that the person arrested or taken into | 1363 |
| custody has a criminal record or a record as a delinquent child | 1364 |
| for having committed an act that would be a felony or an offense | 1365 |
| of violence if committed by an adult or is a fugitive from justice | 1366 |
| or wanted by any jurisdiction in this or another state, the United | 1367 |
| States, or a foreign country for any offense, the superintendent | 1368 |
| at once shall inform the arresting officer, the officer taking the | 1369 |
| person into custody, or the chief administrative officer of the | 1370 |
| county, multicounty, municipal, municipal-county, or | 1371 |
| multicounty-municipal jail or workhouse, community-based | 1372 |
| correctional facility, halfway house, alternative residential | 1373 |
| facility, or state correctional institution in which the person or | 1374 |
| child is in custody of that fact and give appropriate notice to | 1375 |
| the proper authorities in the jurisdiction in which the person is | 1376 |
| wanted, or, if that jurisdiction is a foreign country, give | 1377 |
| appropriate notice to federal authorities for transmission to the | 1378 |
| foreign country. The names, under which each person whose | 1379 |
| identification is filed is known, shall be alphabetically indexed | 1380 |
| by the superintendent. | 1381 |
| (B) Division (A) of this section does not apply to a violator | 1382 |
| of a city ordinance unless the officers have reason to believe | 1383 |
| that the violator is a past offender or the crime is one | 1384 |
| constituting a misdemeanor on the first offense and a felony on | 1385 |
| subsequent offenses, or unless it is advisable for the purpose of | 1386 |
| subsequent identification. This section does not apply to any | 1387 |
| child under eighteen years of age who was not arrested or | 1388 |
| otherwise taken into custody for committing an act that would be a | 1389 |
| felony or an offense of violence if committed by an adult or upon | 1390 |
| probable cause to believe that a child of that age may have | 1391 |
| committed an act that would be a felony or an offense of violence | 1392 |
| if committed by an adult, except as provided in section 2151.313 | 1393 |
| of the Revised Code. | 1394 |
| (C)(1) For purposes of division (C) of this section, a law | 1395 |
| enforcement agency shall be considered to have arrested a person | 1396 |
| if any law enforcement officer who is employed by, appointed by, | 1397 |
| or serves that agency arrests the person. As used in division (C) | 1398 |
| of this section: | 1399 |
| (a) "Illegal methamphetamine manufacturing laboratory" has | 1400 |
| the same meaning as in section 3745.13 of the Revised Code. | 1401 |
| (b) "Methamphetamine or a methamphetamine product" means | 1402 |
| methamphetamine, any salt, isomer, or salt of an isomer of | 1403 |
| methamphetamine, or any compound, mixture, preparation, or | 1404 |
| substance containing methamphetamine or any salt, isomer, or salt | 1405 |
| of an isomer of methamphetamine. | 1406 |
| (2) Each law enforcement agency that, in any calendar year, | 1407 |
| arrests any person for a violation of section 2925.04 of the | 1408 |
| Revised Code that is based on the manufacture of methamphetamine | 1409 |
| or a methamphetamine product, a violation of section 2925.041 of | 1410 |
| the Revised Code that is based on the possession of chemicals | 1411 |
| sufficient to produce methamphetamine or a methamphetamine | 1412 |
| product, or a violation of any other provision of Chapter 2925. or | 1413 |
| 3719. of the Revised Code that is based on the possession of | 1414 |
| chemicals sufficient to produce methamphetamine or a | 1415 |
| methamphetamine product shall prepare an annual report covering | 1416 |
| the calendar year that contains the information specified in | 1417 |
| division (C)(3) of this section relative to all arrests for | 1418 |
| violations of those sections committed under those circumstances | 1419 |
| during that calendar year and relative to illegal methamphetamine | 1420 |
| manufacturing laboratories, dump sites, and chemical caches as | 1421 |
| specified in that division and shall send the annual report, not | 1422 |
| later than the first day of March in the calendar year following | 1423 |
| the calendar year covered by the report, to the bureau of criminal | 1424 |
| identification and investigation. | 1425 |
| The law enforcement agency shall write any annual report | 1426 |
| prepared and filed under this division on the standard forms | 1427 |
| furnished by the superintendent of the bureau of criminal | 1428 |
| identification and investigation pursuant to division (C)(4) of | 1429 |
| this section. The annual report shall be a statistical report, and | 1430 |
| nothing in the report or in the information it contains shall | 1431 |
| identify, or enable the identification of, any person who was | 1432 |
| arrested and whose arrest is included in the information contained | 1433 |
| in the report. The annual report in the possession of the bureau | 1434 |
| and the information it contains are public records for the purpose | 1435 |
| of section 149.43 of the Revised Code. | 1436 |
| (3) The annual report prepared and filed by a law enforcement | 1437 |
| agency under division (C)(2) of this section shall contain all of | 1438 |
| the following information for the calendar year covered by the | 1439 |
| report: | 1440 |
| (a) The total number of arrests made by the agency in that | 1441 |
| calendar year for a violation of section 2925.04 of the Revised | 1442 |
| Code that is based on the manufacture of methamphetamine or a | 1443 |
| methamphetamine product, a violation of section 2925.041 of the | 1444 |
| Revised Code that is based on the possession of chemicals | 1445 |
| sufficient to produce methamphetamine or a methamphetamine | 1446 |
| product, or a violation of any other provision of Chapter 2925. or | 1447 |
| 3719. of the Revised Code that is based on the possession of | 1448 |
| chemicals sufficient to produce methamphetamine or a | 1449 |
| methamphetamine product; | 1450 |
| (b) The total number of illegal methamphetamine manufacturing | 1451 |
| laboratories at which one or more of the arrests reported under | 1452 |
| division (C)(3)(a) of this section occurred, or that were | 1453 |
| discovered in that calendar year within the territory served by | 1454 |
| the agency but at which none of the arrests reported under | 1455 |
| division (C)(3)(a) of this section occurred; | 1456 |
| (c) The total number of dump sites and chemical caches that | 1457 |
| are, or that are reasonably believed to be, related to illegal | 1458 |
| methamphetamine manufacturing and that were discovered in that | 1459 |
| calendar year within the territory served by the agency. | 1460 |
| (4) The superintendent of the bureau of criminal | 1461 |
| identification and investigation shall prepare and furnish to each | 1462 |
| law enforcement agency in this state standard forms for making the | 1463 |
| annual reports required by division (C)(2) of this section. The | 1464 |
| standard forms that the superintendent prepares pursuant to this | 1465 |
| division may be in a tangible format, in an electronic format, or | 1466 |
| in both a tangible format and an electronic format. | 1467 |
| (5) The annual report required by division (C)(2) of this | 1468 |
| section is separate from, and in addition to, any report, | 1469 |
| materials, or information required under division (A) of this | 1470 |
| section or under any other provision of sections 109.57 to 109.62 | 1471 |
| of the Revised Code. | 1472 |
| Sec. 109.85. (A) Upon the written request of the governor, | 1473 |
| the general assembly, the auditor of state, the medicaid director, | 1474 |
| the director of health, or the director of budget and management, | 1475 |
| or upon the attorney general's becoming aware of criminal or | 1476 |
| improper activity related to Chapter 3721. of the Revised Code and | 1477 |
| the medicaid program, the attorney general shall investigate any | 1478 |
| criminal or civil violation of law related to Chapter 3721. of the | 1479 |
| Revised Code or the medicaid program. Investigators appointed by | 1480 |
| the attorney general to fulfill the purposes of this section may | 1481 |
| go armed in the same manner as sheriffs and regularly appointed | 1482 |
| police officers under section 2923.12 of the Revised Code. | 1483 |
| (B) When it appears to the attorney general, as a result of | 1484 |
| an investigation under division (A) of this section, that there is | 1485 |
| cause to prosecute for the commission of a crime or to pursue a | 1486 |
| civil remedy, the attorney general may refer the evidence to the | 1487 |
| prosecuting attorney having jurisdiction of the matter, or to a | 1488 |
| regular grand jury drawn and impaneled pursuant to sections | 1489 |
| 2939.01 to 2939.24 of the Revised Code, or to a special grand jury | 1490 |
| drawn and impaneled pursuant to section 2939.17 of the Revised | 1491 |
| Code, or the attorney general may initiate and prosecute any | 1492 |
| necessary criminal or civil actions in any court or tribunal of | 1493 |
| competent jurisdiction in this state. When proceeding under this | 1494 |
| section, the attorney general, and any assistant or special | 1495 |
| counsel designated by the attorney general for that purpose, have | 1496 |
| all rights, privileges, and powers of prosecuting attorneys. The | 1497 |
| attorney general shall have exclusive supervision and control of | 1498 |
| all investigations and prosecutions initiated by the attorney | 1499 |
| general under this section. The forfeiture provisions of Chapter | 1500 |
| 2981. of the Revised Code apply in relation to any such criminal | 1501 |
| action initiated and prosecuted by the attorney general. | 1502 |
| (C) Nothing in this section shall prevent a county | 1503 |
| prosecuting attorney from investigating and prosecuting criminal | 1504 |
| activity related to Chapter 3721. of the Revised Code and the | 1505 |
| medicaid program. The forfeiture provisions of Chapter 2981. of | 1506 |
| the Revised Code apply in relation to any prosecution of criminal | 1507 |
| activity related to the medicaid program undertaken by the | 1508 |
| prosecuting attorney. | 1509 |
| Sec. 109.86. (A) The attorney general shall investigate any | 1510 |
| activity the attorney general has reasonable cause to believe is | 1511 |
| in violation of section 2903.34 of the Revised Code. Upon written | 1512 |
| request of the governor, the general assembly, the auditor of | 1513 |
| state, or the director of health, job and family services, aging, | 1514 |
| mental health and addiction services, or developmental | 1515 |
| disabilities, the attorney general shall investigate any activity | 1516 |
| these persons believe is in violation of section 2903.34 of the | 1517 |
| Revised Code. Investigators appointed by the attorney general to | 1518 |
| fulfill the purposes of this section may go armed in the same | 1519 |
| manner as sheriffs and regularly appointed police officers under | 1520 |
| section 2923.12 of the Revised Code. If after an investigation the | 1521 |
| attorney general has probable cause to prosecute for the | 1522 |
| commission of a crime, the attorney general shall refer the | 1523 |
| evidence to the prosecuting attorney, director of law, or other | 1524 |
| similar chief legal officer having jurisdiction over the matter. | 1525 |
| If the prosecuting attorney decides to present the evidence to a | 1526 |
| grand jury, the prosecuting attorney shall notify the attorney | 1527 |
| general in writing of the decision within thirty days after | 1528 |
| referral of the matter and shall present the evidence prior to the | 1529 |
| discharge of the next regular grand jury. If the director of law | 1530 |
| or other chief legal officer decides to prosecute the case, the | 1531 |
| director or officer shall notify the attorney general in writing | 1532 |
| of the decision within thirty days and shall initiate prosecution | 1533 |
| within sixty days after the matter was referred to the director or | 1534 |
| officer. | 1535 |
| (B) If the prosecuting attorney, director of law, or other | 1536 |
| chief legal officer fails to notify the attorney general or to | 1537 |
| present evidence or initiate prosecution in accordance with | 1538 |
| division (A) of this section, the attorney general may present the | 1539 |
| evidence to a regular grand jury drawn and impaneled pursuant to | 1540 |
| sections 2939.01 to 2939.24 of the Revised Code, or to a special | 1541 |
| grand jury drawn and impaneled pursuant to section 2939.17 of the | 1542 |
| Revised Code, or the attorney general may initiate and prosecute | 1543 |
| any action in any court or tribunal of competent jurisdiction in | 1544 |
| this state. The attorney general, and any assistant or special | 1545 |
| counsel designated by the attorney general, have all the powers of | 1546 |
| a prosecuting attorney, director of law, or other chief legal | 1547 |
| officer when proceeding under this section. Nothing in this | 1548 |
| section shall limit or prevent a prosecuting attorney, director of | 1549 |
| law, or other chief legal officer from investigating and | 1550 |
| prosecuting criminal activity committed against a resident or | 1551 |
| patient of a care facility. | 1552 |
| Sec. 1331.01. As used in sections 1331.01 to 1331.14 of the | 1553 |
| Revised Code: | 1554 |
| (A) "Person" includes corporations, partnerships, and | 1555 |
| associations existing under or authorized by any state or | 1556 |
| territory of the United States, and solely for the purpose of the | 1557 |
|
definition of division | 1558 |
| governmental entity. | 1559 |
| (B) "Public office" means any state agency, public | 1560 |
| institution, political subdivision, or other organized body, | 1561 |
| office, agency, institution, or entity established by the laws of | 1562 |
| this state for the exercise of any function of government. "Public | 1563 |
| office" does not include the nonprofit corporation formed under | 1564 |
| section 187.01 of the Revised Code. | 1565 |
| (C)(1) "Trust" is a combination of capital, skill, or acts by | 1566 |
| two or more persons for any of the following purposes: | 1567 |
| | 1568 |
| commerce; | 1569 |
| | 1570 |
| reduce the price of merchandise or a commodity; | 1571 |
| | 1572 |
| transportation, sale, or purchase of merchandise, produce, or a | 1573 |
| commodity; | 1574 |
| | 1575 |
| the public or consumer is in any manner controlled or established, | 1576 |
| an article or commodity of merchandise, produce, or commerce | 1577 |
| intended for sale, barter, use, or consumption in this state; | 1578 |
| | 1579 |
| obligations, or agreements of any kind by which they bind or have | 1580 |
| bound themselves not to sell, dispose of, or transport an article | 1581 |
| or commodity, or an article of trade, use, merchandise, commerce, | 1582 |
| or consumption below a common standard figure or fixed value, or | 1583 |
| by which they agree in any manner to keep the price of such | 1584 |
| article, commodity, or transportation at a fixed or graduated | 1585 |
| figure, or by which they shall in any manner establish or settle | 1586 |
| the price of an article, commodity, or transportation between them | 1587 |
| or themselves and others, so as directly or indirectly to preclude | 1588 |
| a free and unrestricted competition among themselves, purchasers, | 1589 |
| or consumers in the sale or transportation of such article or | 1590 |
| commodity, or by which they agree to pool, combine, or directly or | 1591 |
| indirectly unite any interests which they have connected with the | 1592 |
| sale or transportation of such article or commodity, that its | 1593 |
| price might in any manner be affected; | 1594 |
| | 1595 |
| person because such person appears on a blacklist issued by, or is | 1596 |
| being boycotted by, any foreign corporate or governmental entity. | 1597 |
| (2) "Trust" also means a combination of capital, skill, or | 1598 |
| acts by two or more bidders or potential bidders, or one or more | 1599 |
| bidders or potential bidders and any person affiliated with a | 1600 |
| public office, to restrain or prevent competition in the letting | 1601 |
| or awarding of any public contract in derogation of any statute, | 1602 |
| ordinance, or rule requiring the use of competitive bidding or | 1603 |
| selection in the letting or awarding of the public contract. | 1604 |
| (3) "Trust," as defined in this section, does not include | 1605 |
| bargaining by a labor organization in negotiating or effecting | 1606 |
| contracts with an employer or employer group with reference to | 1607 |
| minimum payment to any member of the labor organization for any | 1608 |
| motor vehicles owned, driven, and used exclusively by such member | 1609 |
|
in the performance of | 1610 |
| pursuant to a collective bargaining agreement between the labor | 1611 |
| organization and the employer or employer group. | 1612 |
| (4) A trust as defined in this division | 1613 |
| is unlawful and void. | 1614 |
| Sec. 1331.04. | 1615 |
| 1616 | |
| agreement in the form of a trust is declared to be a conspiracy | 1617 |
| against trade and illegal. No person shall engage in such | 1618 |
| conspiracy or take part therein, or aid or advise in its | 1619 |
| commission, or, as principal, manager, director, agent, servant, | 1620 |
| or employer, or in any other capacity, knowingly carry out any of | 1621 |
| the stipulations, purposes, prices, or rates, or furnish any | 1622 |
| information to assist in carrying out such purposes, or orders | 1623 |
|
thereunder, or in pursuance thereof, or in any manner violate | 1624 |
| sections 1331.01 to 1331.14 of the Revised Code. Each day's | 1625 |
| violation of this section is a separate offense. | 1626 |
| Sec. 1331.17. In carrying out official duties, the attorney | 1627 |
| general shall not disclose publicly the facts developed in an | 1628 |
| investigation conducted pursuant to this chapter unless the matter | 1629 |
| has become a matter of public record in enforcement proceedings, | 1630 |
| in public hearings, or other official proceedings, or unless the | 1631 |
| person from whom the information has been obtained consents to the | 1632 |
| public disclosure. | 1633 |
| Sec. 1331.99. (A)(1) Whoever violates section 1331.04 of the | 1634 |
| Revised Code is guilty of conspiracy against trade. Except as | 1635 |
| provided in division (A)(2) of this section, a conspiracy against | 1636 |
| trade is a felony of the fifth degree. | 1637 |
| (2) If any of the following conditions apply, the conspiracy | 1638 |
| against trade is a felony of the fourth degree: | 1639 |
| (a) The amount of the contract or the amount of the sale of | 1640 |
| commodities or services involved is seven thousand five hundred | 1641 |
| dollars or more. | 1642 |
| (b) The conspiracy against trade relates to a contract with | 1643 |
| or the sale of commodities or services to or from a local, state, | 1644 |
| or federal governmental entity. | 1645 |
| (c) The contract or sale of commodities or services involves, | 1646 |
| in whole or in part, funding to or from a local, state, or federal | 1647 |
| governmental entity. | 1648 |
| (B) Whoever violates section 1331.02 | 1649 |
| Revised Code is guilty of a felony of the fifth degree. | 1650 |
| | 1651 |
| section 1331.16 of the Revised Code is guilty of a misdemeanor of | 1652 |
| the first degree. | 1653 |
| | 1654 |
| is guilty of a misdemeanor of the second degree. | 1655 |
| Sec. 1345.02. (A) No supplier shall commit an unfair or | 1656 |
| deceptive act or practice in connection with a consumer | 1657 |
| transaction. Such an unfair or deceptive act or practice by a | 1658 |
| supplier violates this section whether it occurs before, during, | 1659 |
| or after the transaction. | 1660 |
| (B) Without limiting the scope of division (A) of this | 1661 |
| section, the act or practice of a supplier in representing any of | 1662 |
| the following is deceptive: | 1663 |
| (1) That the subject of a consumer transaction has | 1664 |
| sponsorship, approval, performance characteristics, accessories, | 1665 |
| uses, or benefits that it does not have; | 1666 |
| (2) That the subject of a consumer transaction is of a | 1667 |
| particular standard, quality, grade, style, prescription, or | 1668 |
| model, if it is not; | 1669 |
| (3) That the subject of a consumer transaction is new, or | 1670 |
| unused, if it is not; | 1671 |
| (4) That the subject of a consumer transaction is available | 1672 |
| to the consumer for a reason that does not exist; | 1673 |
| (5) That the subject of a consumer transaction has been | 1674 |
| supplied in accordance with a previous representation, if it has | 1675 |
| not, except that the act of a supplier in furnishing similar | 1676 |
| merchandise of equal or greater value as a good faith substitute | 1677 |
| does not violate this section; | 1678 |
| (6) That the subject of a consumer transaction will be | 1679 |
| supplied in greater quantity than the supplier intends; | 1680 |
| (7) That replacement or repair is needed, if it is not; | 1681 |
| (8) That a specific price advantage exists, if it does not; | 1682 |
| (9) That the supplier has a sponsorship, approval, or | 1683 |
| affiliation that the supplier does not have; | 1684 |
| (10) That a consumer transaction involves or does not involve | 1685 |
| a warranty, a disclaimer of warranties or other rights, remedies, | 1686 |
| or obligations if the representation is false. | 1687 |
| (C) In construing division (A) of this section, the court | 1688 |
| shall give due consideration and great weight to federal trade | 1689 |
| commission orders, trade regulation rules and guides, and the | 1690 |
| federal courts' interpretations of subsection 45 (a)(1) of the | 1691 |
| "Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A. | 1692 |
| 41, as amended. | 1693 |
| (D) No supplier shall offer to a consumer or represent that a | 1694 |
| consumer will receive a rebate, discount, or other benefit as an | 1695 |
| inducement for entering into a consumer transaction in return for | 1696 |
| giving the supplier the names of prospective consumers, or | 1697 |
| otherwise helping the supplier to enter into other consumer | 1698 |
| transactions, if earning the benefit is contingent upon an event | 1699 |
| occurring after the consumer enters into the transaction. | 1700 |
| (E)(1) No supplier, in connection with a consumer transaction | 1701 |
| involving natural gas service or public telecommunications service | 1702 |
| to a consumer in this state, shall request or submit, or cause to | 1703 |
| be requested or submitted, a change in the consumer's provider of | 1704 |
| natural gas service or public telecommunications service, without | 1705 |
| first obtaining, or causing to be obtained, the verified consent | 1706 |
| of the consumer. For the purpose of this division and with respect | 1707 |
| to public telecommunications service only, the procedures | 1708 |
| necessary for verifying the consent of a consumer shall be those | 1709 |
| prescribed by rule by the public utilities commission for public | 1710 |
| telecommunications service under division (D) of section 4905.72 | 1711 |
| of the Revised Code. Also, for the purpose of this division, the | 1712 |
| act, omission, or failure of any officer, agent, or other | 1713 |
| individual, acting for or employed by another person, while acting | 1714 |
| within the scope of that authority or employment, is the act or | 1715 |
| failure of that other person. | 1716 |
| (2) Consistent with the exclusion, under 47 C.F.R. | 1717 |
| 64.1100(a)(3), of commercial mobile radio service providers from | 1718 |
| the verification requirements adopted in 47 C.F.R. 64.1100, | 1719 |
| 64.1150, 64.1160, 64.1170, 64.1180, and 64.1190 by the federal | 1720 |
| communications commission, division (E)(1) of this section does | 1721 |
| not apply to a provider of commercial mobile radio service insofar | 1722 |
| as such provider is engaged in the provision of commercial mobile | 1723 |
| radio service. However, when that exclusion no longer is in | 1724 |
| effect, division (E)(1) of this section shall apply to such a | 1725 |
| provider. | 1726 |
| (3) The attorney general may initiate criminal proceedings | 1727 |
| for a prosecution under division (C) of section 1345.99 of the | 1728 |
| Revised Code by presenting evidence of criminal violations to the | 1729 |
| prosecuting attorney of any county in which the offense may be | 1730 |
| prosecuted. If the prosecuting attorney does not prosecute the | 1731 |
| violations, or at the request of the prosecuting attorney, the | 1732 |
| attorney general may proceed in the prosecution with all the | 1733 |
| rights, privileges, and powers conferred by law on prosecuting | 1734 |
| attorneys, including the power to appear before grand juries and | 1735 |
| to interrogate witnesses before grand juries. | 1736 |
| (F) Concerning a consumer transaction in connection with a | 1737 |
| residential mortgage, and without limiting the scope of division | 1738 |
| (A) or (B) of this section, the act of a supplier in doing either | 1739 |
| of the following is deceptive: | 1740 |
| (1) Knowingly failing to provide disclosures required under | 1741 |
| state and federal law; | 1742 |
| (2) Knowingly providing a disclosure that includes a material | 1743 |
| misrepresentation. | 1744 |
| (G) Without limiting the scope of division (A) of this | 1745 |
| section, the failure of a supplier to obtain or maintain any | 1746 |
| registration, license, bond, or insurance required by state law or | 1747 |
| local ordinance for the supplier to engage in the supplier's trade | 1748 |
| or profession is an unfair or deceptive act or practice. | 1749 |
| Sec. 1345.03. (A) No supplier shall commit an unconscionable | 1750 |
| act or practice in connection with a consumer transaction. Such an | 1751 |
| unconscionable act or practice by a supplier violates this section | 1752 |
| whether it occurs before, during, or after the transaction. | 1753 |
| (B) In determining whether an act or practice is | 1754 |
| unconscionable, the following circumstances shall be taken into | 1755 |
| consideration: | 1756 |
| (1) Whether the supplier has knowingly taken advantage of the | 1757 |
| inability of the consumer reasonably to protect the consumer's | 1758 |
| interests because of the consumer's physical or mental | 1759 |
| infirmities, ignorance, illiteracy, or inability to understand the | 1760 |
| language of an agreement; | 1761 |
| (2) Whether the supplier knew at the time the consumer | 1762 |
| transaction was entered into that the price was substantially in | 1763 |
| excess of the price at which similar property or services were | 1764 |
| readily obtainable in similar consumer transactions by like | 1765 |
| consumers; | 1766 |
| (3) Whether the supplier knew at the time the consumer | 1767 |
| transaction was entered into of the inability of the consumer to | 1768 |
| receive a substantial benefit from the subject of the consumer | 1769 |
| transaction; | 1770 |
| (4) Whether the supplier knew at the time the consumer | 1771 |
| transaction was entered into that there was no reasonable | 1772 |
| probability of payment of the obligation in full by the consumer; | 1773 |
| (5) Whether the supplier required the consumer to enter into | 1774 |
| a consumer transaction on terms the supplier knew were | 1775 |
| substantially one-sided in favor of the supplier; | 1776 |
| (6) Whether the supplier knowingly made a misleading | 1777 |
| statement of opinion on which the consumer was likely to rely to | 1778 |
| the consumer's detriment; | 1779 |
| (7) Whether the supplier has, without justification, refused | 1780 |
| to make a refund in cash or by check for a returned item that was | 1781 |
| purchased with cash or by check, unless the supplier had | 1782 |
| conspicuously posted in the establishment at the time of the sale | 1783 |
| a sign stating the supplier's refund policy. | 1784 |
| (C) This section does not apply to a consumer transaction in | 1785 |
| connection with the origination of a residential mortgage. | 1786 |
| Sec. 1345.031. (A) No supplier shall commit an | 1787 |
| unconscionable act or practice concerning a consumer transaction | 1788 |
| in connection with the origination of a residential mortgage. Such | 1789 |
| an unconscionable act or practice by a supplier violates this | 1790 |
| section whether it occurs before, during, or after the | 1791 |
| transaction. | 1792 |
| (B) For purposes of division (A) of this section, the | 1793 |
| following acts or practices of a supplier in connection with such | 1794 |
| a transaction are unconscionable: | 1795 |
| (1) Arranging for or making a mortgage loan that provides for | 1796 |
| an interest rate applicable after default that is higher than the | 1797 |
| interest rate that applies before default, excluding rates of | 1798 |
| interest for judgments applicable to the mortgage loan under | 1799 |
| section 1343.02 or 1343.03 of the Revised Code and also excluding | 1800 |
| interest rate changes in a variable rate loan transaction | 1801 |
| otherwise consistent with the provisions of the loan documents; | 1802 |
| (2) Engaging in a pattern or practice of providing consumer | 1803 |
| transactions to consumers based predominantly on the supplier's | 1804 |
| realization of the foreclosure or liquidation value of the | 1805 |
| consumer's collateral without regard to the consumer's ability to | 1806 |
| repay the loan in accordance with its terms, provided that the | 1807 |
| supplier may use any reasonable method to determine a borrower's | 1808 |
| ability to repay; | 1809 |
| (3) Making a consumer transaction that permits the creditor | 1810 |
| to demand repayment of the outstanding balance of a mortgage loan, | 1811 |
| in advance of the original maturity date unless the creditor does | 1812 |
| so in good faith due to the consumer's failure to abide by the | 1813 |
| material terms of the loan. | 1814 |
| (4) Knowingly replacing, refinancing, or consolidating a zero | 1815 |
| interest rate or other low-rate mortgage loan made by a | 1816 |
| governmental or nonprofit lender with another loan unless the | 1817 |
| current holder of the loan consents in writing to the refinancing | 1818 |
|
and the consumer presents written certification from a | 1819 |
| 1820 | |
| United States department of housing and urban development or the | 1821 |
| superintendent of financial institutions that the consumer | 1822 |
| received counseling on the advisability of the loan transaction. | 1823 |
| For purposes of division (B)(4) of this section, a "low-rate | 1824 |
| mortgage loan" means a mortgage loan that carries a current | 1825 |
| interest rate two percentage points or more below the current | 1826 |
| yield on United States treasury securities with a comparable | 1827 |
| maturity. If the loan's current interest rate is either a | 1828 |
| discounted introductory rate or a rate that automatically steps up | 1829 |
| over time, the fully indexed rate or the fully stepped-up rate, as | 1830 |
| applicable, shall be used, in lieu of the current rate, to | 1831 |
| determine whether a loan is a low-rate mortgage loan. | 1832 |
| (5) Instructing the consumer to ignore the supplier's written | 1833 |
| information regarding the interest rate and dollar value of points | 1834 |
| because they would be lower for the consumer's consumer | 1835 |
| transaction; | 1836 |
| (6) Recommending or encouraging a consumer to default on a | 1837 |
| mortgage or any consumer transaction or revolving credit loan | 1838 |
|
agreement | 1839 |
| act or practice in connection with a consumer transaction under | 1840 |
| section 1345.03 of the Revised Code. | 1841 |
| (7) Charging a late fee more than once with respect to a | 1842 |
| single late payment. If a late payment fee is deducted from a | 1843 |
| payment made on the loan and such deduction causes a subsequent | 1844 |
| default on a subsequent payment, no late payment fee may be | 1845 |
| imposed for such default. If a late payment fee has been imposed | 1846 |
| once with respect to a particular late payment, no such fee may be | 1847 |
| imposed with respect to any future payment that would have been | 1848 |
| timely and sufficient but for the previous default. This practice | 1849 |
| also shall constitute an unconscionable act or practice in | 1850 |
| connection with a consumer transaction under section 1345.03 of | 1851 |
| the Revised Code. | 1852 |
| (8) Failing to disclose to the consumer at the closing of the | 1853 |
| consumer transaction that a consumer is not required to complete a | 1854 |
| consumer transaction merely because the consumer has received | 1855 |
| prior estimates of closing costs or has signed an application and | 1856 |
| should not close a loan transaction that contains different terms | 1857 |
| and conditions than those the consumer was promised; | 1858 |
| (9) Arranging for or making a consumer transaction that | 1859 |
| includes terms under which more than two periodic payments | 1860 |
| required under the consumer transaction are consolidated and paid | 1861 |
| in advance from the loan proceeds provided to the consumer; | 1862 |
| (10) Knowingly compensating, instructing, inducing, coercing, | 1863 |
| or intimidating, or attempting to compensate, instruct, induce, | 1864 |
| coerce, or intimidate, a person licensed or certified under | 1865 |
| Chapter 4763. of the Revised Code for the purpose of corrupting or | 1866 |
| improperly influencing the independent judgment of the person with | 1867 |
| respect to the value of the dwelling offered as security for | 1868 |
| repayment of a mortgage loan; | 1869 |
| (11) Financing, directly or indirectly, any credit, life, | 1870 |
| disability, or unemployment insurance premiums, any other life or | 1871 |
| health insurance premiums, or any debt collection agreement. | 1872 |
| Insurance premiums calculated and paid on a monthly basis shall | 1873 |
| not be considered financed by the lender. | 1874 |
| (12) Knowingly or intentionally engaging in the act or | 1875 |
| practice of "flipping" a mortgage loan. "Flipping" a mortgage loan | 1876 |
| is making a mortgage loan that refinances an existing mortgage | 1877 |
| loan when the new loan does not have reasonable, tangible net | 1878 |
| benefit to the consumer considering all of the circumstances, | 1879 |
| including the terms of both the new and refinanced loans, the cost | 1880 |
| of the new loan, and the consumer's circumstances. This provision | 1881 |
| applies regardless of whether the interest rate, points, fees, and | 1882 |
| charges paid or payable by the consumer in connection with the | 1883 |
| refinancing exceed any thresholds specified in any section of the | 1884 |
| Revised Code. | 1885 |
| (13) Knowingly taking advantage of the inability of the | 1886 |
| consumer to reasonably protect the consumer's interests because of | 1887 |
| the consumer's known physical or mental infirmities or illiteracy; | 1888 |
| (14) Entering into the consumer transaction knowing there was | 1889 |
| no reasonable probability of payment of the obligation by the | 1890 |
| consumer; | 1891 |
| (15) Attempting to enforce, by means not limited to a court | 1892 |
| action, a prepayment penalty in violation of division (C)(2) of | 1893 |
|
section 1343.011 of the Revised Code | 1894 |
| constitute an unconscionable act or practice in connection with a | 1895 |
| consumer transaction under section 1345.03 of the Revised Code. | 1896 |
| (16) Engaging in an act or practice deemed unconscionable by | 1897 |
| rules adopted by the attorney general pursuant to division (B)(2) | 1898 |
| of section 1345.05 of the Revised Code. | 1899 |
| (C)(1) Any unconscionable arbitration clause, unconscionable | 1900 |
| clause requiring the consumer to pay the supplier's attorney's | 1901 |
| fees, or unconscionable liquidated damages clause included in a | 1902 |
| mortgage loan contract is unenforceable. | 1903 |
| (2) No supplier shall do either of the following: | 1904 |
| (a) Attempt to enforce, by means not limited to a court | 1905 |
| action, any clause described in division (C)(1) of this section; | 1906 |
| (b) By referring to such a clause, attempt to induce the | 1907 |
| consumer to take any action desired by the supplier. | 1908 |
| Sec. 1345.05. (A) The attorney general shall: | 1909 |
| (1) Adopt, amend, and repeal procedural rules; | 1910 |
| (2) Adopt as a rule a description of the organization of the | 1911 |
| attorney general's office, stating the general courses and methods | 1912 |
| of operation of the section of the office of the attorney general, | 1913 |
| which is to administer Chapter 1345. of the Revised Code and | 1914 |
| methods whereby the public may obtain information or make | 1915 |
| submissions or requests, including a description of all forms and | 1916 |
| instructions used by that office; | 1917 |
| (3) Make available for public inspection all rules and all | 1918 |
| other written statements of policy or interpretations adopted or | 1919 |
| used by the attorney general in the discharge of the attorney | 1920 |
|
general's functions, | 1921 |
| compliance accepted by the attorney general pursuant to division | 1922 |
| (F)(2) of section 1345.06 of the Revised Code, and all judgments, | 1923 |
| including supporting opinions, by courts of this state that | 1924 |
| determine the rights of the parties and concerning which appellate | 1925 |
| remedies have been exhausted, or lost by the expiration of the | 1926 |
| time for appeal, determining that specific acts or practices | 1927 |
| violate section 1345.02, 1345.03, or 1345.031 of the Revised Code; | 1928 |
| (4) Inform consumers and suppliers on a continuing basis of | 1929 |
| acts or practices that violate Chapter 1345. of the Revised Code | 1930 |
| by, among other things, publishing an informational document | 1931 |
| describing acts and practices in connection with residential | 1932 |
| mortgages that are unfair, deceptive, or unconscionable, and by | 1933 |
| making that information available on the attorney general's | 1934 |
| official web site; | 1935 |
| (5) Cooperate with state and local officials, officials of | 1936 |
| other states, and officials of the federal government in the | 1937 |
| administration of comparable statutes; | 1938 |
| (6) Report annually on or before the thirty-first day of | 1939 |
| January to the governor and the general assembly on the operations | 1940 |
| of the attorney general in respect to Chapter 1345. of the Revised | 1941 |
| Code, and on the acts or practices occurring in this state that | 1942 |
| violate such chapter. The report shall include a statement of | 1943 |
| investigatory and enforcement procedures and policies, of the | 1944 |
| number of investigations and enforcement proceedings instituted | 1945 |
| and of their disposition, and of other activities of the state and | 1946 |
| of other persons to promote the purposes of Chapter 1345. of the | 1947 |
| Revised Code. | 1948 |
| (7) In carrying out official duties, the attorney general | 1949 |
| shall not disclose publicly the identity of suppliers investigated | 1950 |
| or the facts developed in investigations unless these matters have | 1951 |
| become a matter of public record in enforcement proceedings, in | 1952 |
| public hearings conducted pursuant to division (B)(1) of this | 1953 |
| section, or the suppliers investigated have consented in writing | 1954 |
| to public disclosure. | 1955 |
| (B) The attorney general may: | 1956 |
| (1) Conduct research, make inquiries, hold public hearings, | 1957 |
| and publish studies relating to consumer transactions; | 1958 |
| (2) Adopt, amend, and repeal substantive rules defining with | 1959 |
| reasonable specificity acts or practices that violate sections | 1960 |
| 1345.02, 1345.03, and 1345.031 of the Revised Code. In adopting, | 1961 |
| amending, or repealing substantive rules defining acts or | 1962 |
| practices that violate section 1345.02 of the Revised Code, due | 1963 |
| consideration and great weight shall be given to federal trade | 1964 |
| commission orders, trade regulation rules and guides, and the | 1965 |
| federal courts' interpretations of subsection 45(a)(1) of the | 1966 |
| "Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A. | 1967 |
| 41, as amended. | 1968 |
| In adopting, amending, or repealing such rules concerning a | 1969 |
| consumer transaction in connection with a residential mortgage, | 1970 |
| the attorney general shall consult with the superintendent of | 1971 |
| financial institutions and shall give due consideration to state | 1972 |
| and federal statutes, regulations, administrative agency | 1973 |
| interpretations, and case law. | 1974 |
| (C) In the conduct of public hearings authorized by this | 1975 |
| section, the attorney general may administer oaths, subpoena | 1976 |
| witnesses, adduce evidence, and require the production of relevant | 1977 |
| material. Upon failure of a person without lawful excuse to obey a | 1978 |
| subpoena or to produce relevant matter, the attorney general may | 1979 |
| apply to a court of common pleas for an order compelling | 1980 |
| compliance. | 1981 |
| (D) The attorney general may request that an individual who | 1982 |
| refuses to testify or to produce relevant material on the ground | 1983 |
| that the testimony or matter may incriminate the individual be | 1984 |
| ordered by the court to provide the testimony or matter. With the | 1985 |
| exception of a prosecution for perjury and an action for damages | 1986 |
| under section 1345.07 or 1345.09 of the Revised Code, an | 1987 |
| individual who complies with a court order to provide testimony or | 1988 |
| matter, after asserting a privilege against self incrimination to | 1989 |
| which the individual is entitled by law, shall not be subjected to | 1990 |
| a criminal proceeding on the basis of the testimony or matter | 1991 |
| discovered through that testimony or matter. | 1992 |
| (E) Any person may petition the attorney general requesting | 1993 |
| the adoption, amendment, or repeal of a rule. The attorney general | 1994 |
| shall prescribe by rule the form for such petitions and the | 1995 |
| procedure for their submission, consideration, and disposition. | 1996 |
| Within sixty days of submission of a petition, the attorney | 1997 |
| general shall either deny the petition in writing, stating the | 1998 |
| reasons for the denial, or initiate rule-making proceedings. There | 1999 |
| is no right to appeal from such denial of a petition. | 2000 |
| (F) All rules shall be adopted subject to Chapter 119. of the | 2001 |
| Revised Code. | 2002 |
| (G) The informational document published in accordance with | 2003 |
| division (A)(4) of this section shall be made available for | 2004 |
| distribution to consumers who are applying for a mortgage loan. An | 2005 |
| acknowledgement of receipt shall be retained by the lender, | 2006 |
| mortgage broker, and loan officer, as applicable, subject to | 2007 |
| review by the attorney general and the department of commerce. | 2008 |
| Sec. 1345.06. (A) If, by | 2009 |
| inquiries or as a result of complaints, the attorney general has | 2010 |
| reasonable cause to believe that a person has engaged or is | 2011 |
| engaging in an act or practice that violates Chapter 1345. of the | 2012 |
|
Revised Code, | 2013 |
| (B) For this purpose, the attorney general may administer | 2014 |
| oaths, subpoena witnesses, adduce evidence, and require the | 2015 |
| production of relevant matter. | 2016 |
| If matter that the attorney general requires to be produced | 2017 |
|
is located outside the state, | 2018 |
| designate representatives, including officials of the state in | 2019 |
|
which the matter is located, to inspect the matter on | 2020 |
|
attorney general's behalf, and
| 2021 |
| to similar requests from officials of other states. The person | 2022 |
| subpoenaed may make the matter available to the attorney general | 2023 |
| at a convenient location within the state or pay the reasonable | 2024 |
|
and necessary expenses for the attorney general or | 2025 |
| attorney general's representative to examine the matter at the | 2026 |
| place where it is located, provided that expenses shall not be | 2027 |
| charged to a party not subsequently found to have engaged in an | 2028 |
| act or practice violative of Chapter 1345. of the Revised Code. | 2029 |
| (C) Within twenty days after a subpoena has been served, a | 2030 |
| motion to extend the return day, or to modify or quash the | 2031 |
| subpoena, stating good cause, may be filed in the court of common | 2032 |
| pleas of Franklin county or the county in which the person served | 2033 |
|
resides or has | 2034 |
| (D) A person subpoenaed under this section shall comply with | 2035 |
| the terms of the subpoena, unless the parties agree to modify the | 2036 |
| terms of the subpoena or unless the court has modified or quashed | 2037 |
| the subpoena, extended the return day of the subpoena, or issued | 2038 |
| any other order with respect to the subpoena prior to its return | 2039 |
| day. | 2040 |
| If a person fails without lawful excuse to obey a subpoena or | 2041 |
| to produce relevant matter, the attorney general may apply to the | 2042 |
| court of common pleas of the county in which the person subpoenaed | 2043 |
|
resides or has | 2044 |
| order compelling compliance. | 2045 |
| (E) The attorney general may request that an individual who | 2046 |
| refuses to testify or to produce relevant matter on the ground | 2047 |
|
that the testimony or matter may incriminate | 2048 |
| ordered by the court to provide the testimony or matter. With the | 2049 |
| exception of a prosecution for perjury and an action for damages | 2050 |
| under section 1345.07 or 1345.09 of the Revised Code, an | 2051 |
| individual who complies with a court order to provide testimony or | 2052 |
| matter, after asserting a privilege against self-incrimination to | 2053 |
|
which | 2054 |
| to a criminal proceeding or to a civil penalty or forfeiture on | 2055 |
| the basis of the testimony or matter required to be disclosed or | 2056 |
| testimony or matter discovered through that testimony or matter. | 2057 |
| (F) The attorney general may: | 2058 |
| (1) During an investigation under this section, afford, in a | 2059 |
|
manner considered appropriate to | 2060 |
| supplier an opportunity to cease and desist from any suspected | 2061 |
|
violation. | 2062 |
|
investigation during the time period that | 2063 |
| permits the supplier to cease and desist; however, the suspension | 2064 |
| of the investigation or the affording of an opportunity to cease | 2065 |
| and desist shall not prejudice or prohibit any further | 2066 |
| investigation by the attorney general under this section. | 2067 |
| (2) Terminate an investigation under this section upon | 2068 |
| acceptance of a written assurance of voluntary compliance from a | 2069 |
| supplier who is suspected of a violation of this chapter. | 2070 |
| Acceptance of an assurance may be conditioned upon an | 2071 |
| undertaking to reimburse or to take other appropriate corrective | 2072 |
| action with respect to identifiable consumers damaged by an | 2073 |
| alleged violation of this chapter. An assurance of compliance | 2074 |
| given by a supplier is not evidence of violation of this chapter. | 2075 |
| The attorney general may, at any time, reopen an investigation | 2076 |
| terminated by the acceptance of an assurance of voluntary | 2077 |
|
compliance, if | 2078 |
| proceedings are in the public interest. Evidence of a violation of | 2079 |
| an assurance of voluntary compliance is prima-facie evidence of an | 2080 |
| act or practice in violation of this chapter, if presented after | 2081 |
| the violation in an action brought under this chapter. An | 2082 |
| assurance of voluntary compliance may be filed with the court and | 2083 |
| if approved by the court, entered as a consent judgment. Any | 2084 |
| assurance of voluntary compliance accepted by the attorney general | 2085 |
| pursuant to this division shall be made available for public | 2086 |
| inspection in accordance with division (A)(3) of section 1345.05 | 2087 |
| of the Revised Code. | 2088 |
| (G) The procedures available to the attorney general under | 2089 |
| this section are cumulative and concurrent, and the exercise of | 2090 |
| one procedure by the attorney general does not preclude or require | 2091 |
| the exercise of any other procedure. | 2092 |
| Sec. 1345.07. (A) If the attorney general, by the attorney | 2093 |
| general's own inquiries or as a result of complaints, has | 2094 |
| reasonable cause to believe that a supplier has engaged or is | 2095 |
| engaging in an act or practice that violates this chapter, and | 2096 |
| that the action would be in the public interest, the attorney | 2097 |
| general may bring any of the following: | 2098 |
| (1) An action to obtain a declaratory judgment that the act | 2099 |
| or practice violates section 1345.02, 1345.03, or 1345.031 of the | 2100 |
| Revised Code; | 2101 |
| (2)(a) An action, with notice as required by Civil Rule 65, | 2102 |
| to obtain a temporary restraining order, preliminary injunction, | 2103 |
| or permanent injunction to restrain the act or practice. If the | 2104 |
| attorney general shows by a preponderance of the evidence that the | 2105 |
| supplier has violated or is violating section 1345.02, 1345.03, or | 2106 |
| 1345.031 of the Revised Code, the court may issue a temporary | 2107 |
| restraining order, preliminary injunction, or permanent injunction | 2108 |
| to restrain and prevent the act or practice. | 2109 |
| (b)(i) Except as provided in division (A)(2)(b)(ii) of this | 2110 |
| section, on motion of the attorney general, or on its own motion, | 2111 |
| the court may impose a civil penalty of not more than five | 2112 |
| thousand dollars for each day of violation of a temporary | 2113 |
| restraining order, preliminary injunction, or permanent injunction | 2114 |
| issued under this section, if the supplier received notice of the | 2115 |
| action. The civil penalties shall be paid as provided in division | 2116 |
| (G) of this section. | 2117 |
| (ii) If the court issues under this section a temporary | 2118 |
| restraining order, preliminary injunction, or permanent injunction | 2119 |
| to restrain and prevent an act or practice that is a violation of | 2120 |
| section 1345.02 and division (A) of section 1349.81 of the Revised | 2121 |
| Code, on motion of the attorney general, or on its own motion, the | 2122 |
| court may impose a civil penalty of not less than five thousand | 2123 |
| dollars and not more than fifteen thousand dollars for each day of | 2124 |
| violation of the temporary restraining order, preliminary | 2125 |
| injunction, or permanent injunction, if the supplier received | 2126 |
| notice of the action. The civil penalties shall be paid as | 2127 |
| provided in division (G) of this section. | 2128 |
| (c) Upon the commencement of an action under division (A)(2) | 2129 |
| of this section against a supplier who operates under a license, | 2130 |
| permit, certificate, commission, or other authorization issued by | 2131 |
| the supreme court or by a board, commission, department, division, | 2132 |
| or other agency of this state, the attorney general shall | 2133 |
| immediately notify the supreme court or agency that such an action | 2134 |
| has been commenced against the supplier. | 2135 |
| (3) A class action under Civil Rule 23, as amended, on behalf | 2136 |
| of consumers who have engaged in consumer transactions in this | 2137 |
| state for damage caused by: | 2138 |
| (a) An act or practice enumerated in division (B) | 2139 |
| (G) of section 1345.02 of the Revised Code; | 2140 |
| (b) Violation of a rule adopted under division (B)(2) of | 2141 |
| section 1345.05 of the Revised Code before the consumer | 2142 |
| transaction on which the action is based; | 2143 |
| (c) An act or practice determined by a court of this state to | 2144 |
| violate section 1345.02, 1345.03, or 1345.031 of the Revised Code | 2145 |
| and committed after the decision containing the determination has | 2146 |
| been made available for public inspection under division (A)(3) of | 2147 |
| section 1345.05 of the Revised Code. | 2148 |
| (B) On motion of the attorney general and without bond, in | 2149 |
| the attorney general's action under this section, the court may | 2150 |
| make appropriate orders, including appointment of a referee or a | 2151 |
| receiver, for sequestration of assets, to reimburse consumers | 2152 |
| found to have been damaged, to carry out a transaction in | 2153 |
| accordance with a consumer's reasonable expectations, to strike or | 2154 |
| limit the application of unconscionable clauses of contracts so as | 2155 |
| to avoid an unconscionable result, or to grant other appropriate | 2156 |
| relief. The court may assess the expenses of a referee or receiver | 2157 |
| against the supplier. | 2158 |
| (C) Any moneys or property recovered by the attorney general | 2159 |
| in an action under this section that cannot with due diligence | 2160 |
| within five years be restored by a referee to consumers shall be | 2161 |
| unclaimed funds reportable under Chapter 169. of the Revised Code. | 2162 |
| (D) In addition to the other remedies provided in this | 2163 |
| section, if the violation is an act or practice that was declared | 2164 |
| to be unfair, deceptive, or unconscionable by rule adopted | 2165 |
| pursuant to division (B)(2) of section 1345.05 of the Revised Code | 2166 |
| before the consumer transaction on which the action is based | 2167 |
| occurred or an act or practice that was determined by a court of | 2168 |
| this state to violate section 1345.02, 1345.03, or 1345.031 of the | 2169 |
| Revised Code and committed after the decision containing the | 2170 |
| court's determination was made available for public inspection | 2171 |
| pursuant to division (A)(3) of section 1345.05 of the Revised | 2172 |
| Code, the attorney general may request and the court may impose a | 2173 |
| civil penalty of not more than twenty-five thousand dollars | 2174 |
| against the supplier. The civil penalties shall be paid as | 2175 |
| provided in division (G) of this section. | 2176 |
| (E) No action may be brought by the attorney general under | 2177 |
| this section to recover for a transaction more than two years | 2178 |
| after the occurrence of a violation. | 2179 |
| (F) If a court determines that provision has been made for | 2180 |
| reimbursement or other appropriate corrective action, insofar as | 2181 |
| practicable, with respect to all consumers damaged by a violation, | 2182 |
| or in any other appropriate case, the attorney general, with court | 2183 |
| approval, may terminate enforcement proceedings brought by the | 2184 |
| attorney general upon acceptance of an assurance from the supplier | 2185 |
| of voluntary compliance with Chapter 1345. of the Revised Code, | 2186 |
| with respect to the alleged violation. The assurance shall be | 2187 |
| filed with the court and entered as a consent judgment. Except as | 2188 |
| provided in division (A) of section 1345.10 of the Revised Code, a | 2189 |
| consent judgment is not evidence of prior violation of such | 2190 |
| chapter. Disregard of the terms of a consent judgment entered upon | 2191 |
| an assurance shall be treated as a violation of an injunction | 2192 |
| issued under this section. | 2193 |
| (G) Civil penalties ordered pursuant to divisions (A) and (D) | 2194 |
| of this section shall be paid as follows: one-fourth of the amount | 2195 |
| to the treasurer of the county in which the action is brought and | 2196 |
| three-fourths to the consumer protection enforcement fund created | 2197 |
| by section 1345.51 of the Revised Code. | 2198 |
| (H) The remedies available to the attorney general under this | 2199 |
| section are cumulative and concurrent, and the exercise of one | 2200 |
| remedy by the attorney general does not preclude or require the | 2201 |
| exercise of any other remedy. The attorney general is not required | 2202 |
| to use any procedure set forth in section 1345.06 of the Revised | 2203 |
| Code prior to the exercise of any remedy set forth in this | 2204 |
| section. | 2205 |
| Sec. 1345.21. As used in sections 1345.21 to 1345.28 of the | 2206 |
| Revised Code: | 2207 |
| (A) "Home solicitation sale" means a sale of consumer goods | 2208 |
| or services in which the seller or a person acting for the seller | 2209 |
| engages in a personal solicitation of the sale at a residence of | 2210 |
| the buyer, including solicitations in response to or following an | 2211 |
| invitation by the buyer, and the buyer's agreement or offer to | 2212 |
| purchase is there given to the seller or a person acting for the | 2213 |
| seller, or in which the buyer's agreement or offer to purchase is | 2214 |
| made at a place other than the seller's place of business. It does | 2215 |
| not include a transaction or transactions in which: | 2216 |
| (1) The total purchase price to be paid by the buyer, whether | 2217 |
| under single or multiple contracts, is less than twenty-five | 2218 |
| dollars; | 2219 |
| (2) The transaction was conducted and consummated entirely by | 2220 |
| mail or by telephone if initiated by the buyer, and without any | 2221 |
| other contact between the seller or the seller's representative | 2222 |
| prior to the delivery of goods or performance of the service; | 2223 |
| (3) The final agreement is made pursuant to prior | 2224 |
| negotiations in the course of a visit by the buyer to a retail | 2225 |
| business establishment having a fixed permanent location where the | 2226 |
| goods are exhibited or the services are offered for sale on a | 2227 |
| continuing basis; | 2228 |
| (4) The buyer initiates the contact between the parties for | 2229 |
| the purpose of negotiating a purchase and the seller has a | 2230 |
| business establishment at a fixed location in this state where the | 2231 |
| goods or services involved in the transaction are regularly | 2232 |
| offered or exhibited for sale. | 2233 |
| Advertisements by such a seller in newspapers, magazines, | 2234 |
| catalogues, radio, or television do not constitute the seller | 2235 |
| initiation of the contact. | 2236 |
| (5) The buyer initiates the contact between the parties, the | 2237 |
| goods or services are needed to meet a bona fide immediate | 2238 |
| personal emergency of the buyer which will jeopardize the welfare, | 2239 |
| health, or safety of natural persons, or endanger property which | 2240 |
| the buyer owns or for which the buyer is responsible, and the | 2241 |
| buyer furnishes the seller with a separate, dated, and signed | 2242 |
| statement in the buyer's handwriting describing the situation | 2243 |
| requiring immediate remedy and expressly acknowledging and waiving | 2244 |
| the right to cancel the sale within three business days; | 2245 |
| (6) The buyer has initiated the contact between the parties | 2246 |
| and specifically requested the seller to visit the buyer's home | 2247 |
| for the purpose of repairing or performing maintenance upon the | 2248 |
| buyer's personal property. If, in the course of such a visit, the | 2249 |
| seller sells the buyer additional services or goods other than | 2250 |
| replacement parts necessarily used in performing the maintenance | 2251 |
| or in making the repairs, the sale of those additional goods or | 2252 |
| services does not fall within this exclusion. | 2253 |
| (7) The buyer is accorded the right of rescission by the | 2254 |
| "Consumer Credit Protection Act," (1968) 82 Stat. 152, 15 U.S.C. | 2255 |
| 1635, or regulations adopted pursuant to it. | 2256 |
| (B) "Sale" includes a lease or rental. | 2257 |
| (C) "Seller" includes a lessor or anyone offering goods for | 2258 |
| rent. | 2259 |
| (D) "Buyer" includes a lessee or anyone who gives a | 2260 |
| consideration for the privilege of using goods. | 2261 |
| (E) "Consumer goods or services" means goods or services | 2262 |
| purchased, leased, or rented primarily for personal, family, or | 2263 |
| household purposes, including courses or instruction or training | 2264 |
| regardless of the purpose for which they are taken. | 2265 |
| (F) "Consumer goods or services" does not include goods or | 2266 |
| services pertaining to any of the following: | 2267 |
| (1) Sales or rentals of real property by a real estate broker | 2268 |
| or salesperson, or by a foreign real estate dealer or salesperson, | 2269 |
| who is licensed by the Ohio real estate commission under Chapter | 2270 |
| 4735. of the Revised Code; | 2271 |
| (2) The sale of securities or commodities by a broker-dealer | 2272 |
| registered with the securities and exchange commission; | 2273 |
| (3) The sale of securities or commodities by a securities | 2274 |
| dealer or salesperson licensed by the division of securities under | 2275 |
| Chapter 1707. of the Revised Code; | 2276 |
| (4) The sale of insurance by a person licensed by the | 2277 |
| superintendent of insurance; | 2278 |
| (5) Goods sold or services provided by automobile dealers and | 2279 |
| salespersons licensed by the registrar of motor vehicles under | 2280 |
| Chapter 4517. of the Revised Code; | 2281 |
| (6) The sale of property at an auction by an auctioneer | 2282 |
| licensed by the department of agriculture under Chapter 4707. of | 2283 |
| the Revised Code. | 2284 |
| (G) "Purchase price" means the total cumulative price of the | 2285 |
| consumer goods or services, including all interest and service | 2286 |
| charges. | 2287 |
| (H) "Place of business" means the main office, or a permanent | 2288 |
| branch office or permanent local address of a seller. | 2289 |
| (I) "Business day" means any calendar day except Sunday, or | 2290 |
| the following business holidays: New Year's day, Martin Luther | 2291 |
| King day, Presidents' day, Memorial day, Independence day, Labor | 2292 |
| day, Columbus day, Veterans day, Thanksgiving day, and Christmas | 2293 |
| day. | 2294 |
| Sec. 1345.22. In addition to any right otherwise to revoke | 2295 |
| an offer, the buyer has the right to cancel a home solicitation | 2296 |
| sale until midnight of the third business day after the day on | 2297 |
| which the buyer signs an agreement or offer to purchase. | 2298 |
| Cancellation is evidenced by the buyer giving written notice of | 2299 |
| cancellation to the seller at the seller's address, electronic | 2300 |
| mail address, or facsimile number stated in the agreement or offer | 2301 |
|
to purchase. The buyer
| 2302 |
|
mail delivery, return receipt requested,
| 2303 |
|
delivery, | 2304 |
|
electronic mail. | 2305 |
| certified mail shall be effective upon the date of post marking. | 2306 |
| 2307 | |
| Manual delivery or other personal delivery is effective when | 2308 |
| delivered to the seller or to the seller's address, whichever | 2309 |
| comes first. Facsimile delivery is effective when the facsimile | 2310 |
| transmission has been sent to the seller's facsimile number and | 2311 |
| the consumer has received confirmation of the facsimile | 2312 |
| transmission. Electronic mail delivery is effective when the | 2313 |
| electronic mail has been sent to the seller's electronic mail | 2314 |
| address. Notice of cancellation need not take a particular form | 2315 |
| and is sufficient if it indicates, by any form of written | 2316 |
| expression, the intention of the buyer not to be bound by the home | 2317 |
| solicitation sale. Notice of buyer's right to cancel must appear | 2318 |
| on all notes or other evidence of indebtedness given pursuant to | 2319 |
| any home solicitation sale. | 2320 |
| Where a home solicitation sale requires a seller to provide | 2321 |
|
services, | 2322 |
| services during the time in which the buyer may cancel. | 2323 |
| Sec. 1345.23. (A) Every home solicitation sale shall be | 2324 |
| evidenced by a written agreement or offer to purchase in the same | 2325 |
| language as that principally used in the oral sales presentation | 2326 |
| and shall contain the name and address of the seller. The seller | 2327 |
| shall present the writing to the buyer and obtain the buyer's | 2328 |
| signature to it. The writing shall state the date on which the | 2329 |
| buyer actually signs. The seller shall leave with the buyer a copy | 2330 |
| of the writing which has been signed by the seller and complies | 2331 |
| with division (B) of this section. | 2332 |
| (B) In connection with every home
| 2333 |
| sale: | 2334 |
| (1) The following statement shall appear clearly and | 2335 |
| conspicuously on the copy of the contract left with the buyer in | 2336 |
| bold-face type of the minimum size of ten points, in substantially | 2337 |
| the following form and in immediate proximity to the space | 2338 |
| reserved in the contract for the signature of the buyer: "You, the | 2339 |
| buyer, may cancel this transaction at any time prior to midnight | 2340 |
|
of the third
| 2341 |
| transaction. See the attached notice of cancellation for an | 2342 |
| explanation of this right." | 2343 |
| (2) A completed form, in duplicate, captioned "notice of | 2344 |
| cancellation", shall be attached to the contract signed by the | 2345 |
| buyer and be easily detachable, and shall contain in ten-point, | 2346 |
| bold-face type, the following information and statements in the | 2347 |
| same language as that used in the contract: | 2348 |
| 2349 | |
| (enter date of transaction) | 2350 | ||
| ........................... | 2351 | ||
| (Date) | 2352 |
| You may cancel this transaction, without any penalty or | 2353 |
| obligation, within three business days from the above date. | 2354 |
| If you cancel, any property traded in, any payments made by you | 2355 |
| under the contract or sale, and any negotiable instrument executed | 2356 |
| by you will be returned within ten business days following receipt | 2357 |
| by the seller of your cancellation notice, and any security | 2358 |
| interest arising out of the transaction will be cancelled. | 2359 |
| If you cancel, you must make available to the seller at your | 2360 |
| residence, in substantially as good condition as when received, | 2361 |
| any goods delivered to you under this contract or sale; or you may | 2362 |
| if you wish, comply with the instructions of the seller regarding | 2363 |
| the return shipment of the goods at the seller's expense and risk. | 2364 |
| If you do make the goods available to the seller and the seller | 2365 |
| does not pick them up within twenty days of the date of your | 2366 |
| notice of cancellation, you may retain or dispose of the goods | 2367 |
| without any further obligation. If you fail to make the goods | 2368 |
| available to the seller, or if you agree to return the goods to | 2369 |
| the seller and fail to do so, then you remain liable for | 2370 |
| performance of all obligations under the contract. | 2371 |
| To cancel this transaction, mail, with return receipt requested, | 2372 |
| or deliver, in person or manually, a signed and dated copy of this | 2373 |
| cancellation notice or any other written notice of cancellation, | 2374 |
|
or send | 2375 |
| mail, to ............... (Name of seller), at ............... | 2376 |
| (address, electronic mail address, or facsimile number of seller's | 2377 |
| place of business) not later than midnight of ........ (Date) | 2378 |
| I hereby cancel this transaction. | 2379 |
| ............... | 2380 | ||
| Date | 2381 | ||
| (Buyer's signature) | 2382 | ||
| .............................. | 2383 |
| (3) Before furnishing copies of the notice of cancellation to | 2384 |
| the buyer, the seller shall complete both copies by entering the | 2385 |
| name of the seller, the address, electronic mail address, or | 2386 |
| facsimile number of the seller's place of business, the date of | 2387 |
| the transaction which is the date the buyer signed the contract | 2388 |
| and the date, not earlier than the third business day following | 2389 |
| the date of the transaction, by which the buyer may give notice of | 2390 |
| cancellation. | 2391 |
| (4) A home solicitation sales contract which contains the | 2392 |
| notice of buyer's right to cancel and notice of cancellation in | 2393 |
| the form and language provided in the federal trade commission's | 2394 |
| trade regulation rule providing a cooling-off period for | 2395 |
| door-to-door sales shall be deemed to comply with the requirements | 2396 |
| of divisions (B)(1), (2), and (3) of this section with respect to | 2397 |
| the form and language of such notices so long as the federal trade | 2398 |
| commission language provides at least equal information to the | 2399 |
|
consumer concerning
| 2400 |
| required by divisions (B)(1), (2), and (3) of this section. | 2401 |
| (C) Until the seller has complied with divisions (A) and (B) | 2402 |
| of this section the buyer may cancel the home solicitation sale by | 2403 |
| 2404 | |
| 2405 | |
| manual delivery, facsimile transmission, or electronic mail, | 2406 |
|
written notice to the seller of
| 2407 |
| cancel. The three-day period prescribed by section 1345.22 of the | 2408 |
| Revised Code begins to run from the time the seller complies with | 2409 |
| divisions (A) and (B) of this section. | 2410 |
| (D) In connection with any home solicitation sale, no seller | 2411 |
| shall: | 2412 |
| (1) Include in any home solicitation sales contract, any | 2413 |
| confession of judgment or any waiver of any rights to which the | 2414 |
|
buyer is entitled under this section, including specifically
| 2415 |
| the buyer's right to cancel the sale in accordance with this | 2416 |
| section. | 2417 |
| (2) Fail to inform each buyer orally, at the time
| 2418 |
|
signing the contract for the goods or services, of
| 2419 |
| right to cancel. | 2420 |
| (3) Misrepresent in any manner the buyer's right to cancel. | 2421 |
| (4) Fail or refuse to honor any valid notice of cancellation | 2422 |
| by a buyer and within ten business days after receipt of such | 2423 |
| notice to: | 2424 |
| (a) Refund all payments made under the contract or sale; | 2425 |
| (b) Return any goods or property traded in, in substantially | 2426 |
| as good condition as when received by the seller; | 2427 |
| (c) Cancel and return any note, negotiable instrument, or | 2428 |
| other evidence of indebtedness executed by the buyer in connection | 2429 |
| with the contract or sale and take any action necessary or | 2430 |
| appropriate to reflect the termination of any security interest or | 2431 |
| lien created under the sale or offer to purchase. | 2432 |
| (5) Negotiate, transfer, sell, or assign any note or other | 2433 |
| evidence of indebtedness to a finance company or other third party | 2434 |
| prior to midnight of the fifth business day following the day the | 2435 |
| contract for the goods or services was signed. | 2436 |
| (6) Fail to notify the buyer, within ten business days of | 2437 |
| receipt of the buyer's notice of cancellation, whether the seller | 2438 |
| intends to repossess or abandon any shipped or delivered goods. | 2439 |
| Sec. 1345.24. In a home solicitation sale, the seller shall | 2440 |
| retain, for the period in which an action to enforce the sale | 2441 |
| could be commenced, any notice of cancellation made pursuant to | 2442 |
| section 1345.22 of the Revised Code. The seller shall also retain | 2443 |
| 2444 | |
| delivered. If the date of delivery is not indicated or recorded on | 2445 |
| the notice of cancellation or on the envelope, the seller shall | 2446 |
| record the date of delivery on the notice of cancellation. | 2447 |
| Sec. 1345.43. | 2448 |
| revoke an offer or to terminate or cancel a sale or contract, the | 2449 |
| buyer has the right to cancel a prepaid entertainment contract | 2450 |
| until midnight of the third business day after the date on which | 2451 |
| the first service under the contract is available, and if the | 2452 |
| facility or service that is the subject of the contract is not | 2453 |
| available at the time that the buyer signs the contract, the buyer | 2454 |
| has until midnight of the seventh business day after the date on | 2455 |
| which the first service under the contract is available to cancel | 2456 |
| the contract. Cancellation is evidenced by the buyer giving | 2457 |
| written notice of cancellation to the seller at the address of any | 2458 |
| facility available for use by the buyer under the contract, the | 2459 |
| seller's electronic mail address, or the seller's facsimile | 2460 |
|
number. The buyer shall deliver the notice by | 2461 |
| delivery, personal delivery, or by certified mail delivery, return | 2462 |
| receipt requested, electronic mail, or facsimile transmission. | 2463 |
| Notice of cancellation by certified mail delivery shall be | 2464 |
|
effective upon the date of post marking.
| 2465 |
|
delivery is effective when the | 2466 |
| 2467 | |
| delivery is effective when the facsimile is sent to the seller's | 2468 |
| facsimile number and the consumer has received confirmation of the | 2469 |
| facsimile transmission. Manual delivery or personal delivery is | 2470 |
| effective when delivered to the seller or to the seller's address, | 2471 |
| whichever comes first. Notice of cancellation need not take a | 2472 |
| particular form and is sufficient if it indicates, by any form of | 2473 |
| written expression, the intention of the buyer not to be bound by | 2474 |
| the contract. Notice of the buyer's right to cancel must appear on | 2475 |
| all notes or other evidence of indebtedness given pursuant to any | 2476 |
| prepaid entertainment contract. | 2477 |
| Sec. 1345.44. (A) Every prepaid entertainment contract shall | 2478 |
| state the date on which the buyer actually signs. The seller shall | 2479 |
| give the buyer a copy of the contract that has been signed by the | 2480 |
| seller and complies with division (B) of this section. | 2481 |
| (B) All of the following apply to any prepaid entertainment | 2482 |
| contract: | 2483 |
| (1) A completed form, in duplicate, captioned "notice of | 2484 |
| cancellation," shall be attached to the contract signed by the | 2485 |
| buyer and be easily detachable and shall contain in ten-point | 2486 |
| boldface type, the following statement: | 2487 |
| 2488 | |
| 2489 | |
| 2490 | |
| 2491 | |
| You may cancel this contract for any reason at any time prior | 2492 |
| to midnight of the third business day after the date on which the | 2493 |
| first service under the contract is available, and if the facility | 2494 |
| or services that is the subject of the contract is not available | 2495 |
| when you sign the contract, you may cancel the contract at any | 2496 |
| time prior to midnight of the seventh business day after the date | 2497 |
| on which you receive your first service under the contract. If you | 2498 |
| cancel within this period, the seller must send you a full refund | 2499 |
| of any money you have paid, except that a reasonable expense fee | 2500 |
| not to exceed ten dollars may be charged if you have received your | 2501 |
| first service under the contract. The seller must also cancel and | 2502 |
| return to you within twenty business days any papers that you have | 2503 |
| signed. | 2504 |
| To cancel this contract you must deliver in person, manually, | 2505 |
| 2506 | |
| transmission, the signed and dated copy of this cancellation | 2507 |
|
notice or any other written notice of cancellation, or send | 2508 |
| 2509 | |
|
address of any facility
of the seller available for use by
| 2510 |
| the buyer, the seller's facsimile number, or the seller's | 2511 |
| electronic mail address) not later than midnight of the third | 2512 |
| business day after the date on which the first service under the | 2513 |
| contract is available, and if the facility or service that is the | 2514 |
| subject of the contract is not available when the contract was | 2515 |
| signed, not later than midnight of the seventh business day after | 2516 |
| the date on which the first service under the contract is | 2517 |
| available. | 2518 |
| I hereby cancel this contract. | 2519 |
| .................... | 2520 |
| (Date) | 2521 |
| .................... |
| (Buyer's signature)" |
| (2) Before furnishing copies of the notice of cancellation to | 2522 |
| the buyer, the seller shall complete both copies by entering the | 2523 |
|
name of the seller, the address of the | 2524 |
| facility available for use by the buyer, the seller's facsimile | 2525 |
| number, or the seller's electronic mail address, and the date of | 2526 |
| the contract. | 2527 |
| (C) Until the seller has complied with this section, the | 2528 |
| buyer may cancel the contract by delivering to the seller by | 2529 |
| certified mail, personal or manual delivery, facsimile | 2530 |
|
transmission, or | 2531 |
|
the seller of
| 2532 |
| within which the buyer may cancel the contract prescribed by this | 2533 |
|
section begins to run from the time | 2534 |
| divisions (A) and (B) of this section. | 2535 |
| (D) In any prepaid entertainment contract no seller shall: | 2536 |
| (1) Include in any contract, any confession of judgment or | 2537 |
| any waiver of any rights to which the buyer is entitled under this | 2538 |
|
section, including specifically | 2539 |
| contract in accordance with this section; | 2540 |
| (2) Fail to inform each buyer orally, at the time | 2541 |
|
signing the contract, of | 2542 |
| (3) Misrepresent in any manner the buyer's right to cancel; | 2543 |
| (4) Fail or refuse to honor any valid notice of cancellation | 2544 |
| by a buyer and within ten business days after receipt of the | 2545 |
| notice to: | 2546 |
| (a) Refund all payments made under the contract, except that | 2547 |
|
if the buyer has received | 2548 |
| contract the seller may retain or bill the buyer for ten dollars; | 2549 |
| (b) Cancel and return any note, negotiable instrument, or | 2550 |
| other evidence of indebtedness executed by the buyer in connection | 2551 |
| with the contract and take any action necessary to reflect the | 2552 |
| termination of any security interest or lien created under the | 2553 |
| contract; | 2554 |
| (c) Notify the buyer if the seller intends to repossess or | 2555 |
| abandon any evidence of membership or other goods provided to the | 2556 |
| buyer by the seller pursuant to the contract. | 2557 |
| (E) If there is in effect an earlier prepaid entertainment | 2558 |
| contract, this section and section 1345.43 of the Revised Code | 2559 |
| apply to a transaction in which the seller and the buyer enter | 2560 |
| into a new prepaid entertainment contract, or a modification of | 2561 |
| the earlier contract. | 2562 |
| Sec. 2151.419. (A)(1) Except as provided in division (A)(2) | 2563 |
| of this section, at any hearing held pursuant to section 2151.28, | 2564 |
| division (E) of section 2151.31, or section 2151.314, 2151.33, or | 2565 |
| 2151.353 of the Revised Code at which the court removes a child | 2566 |
| from the child's home or continues the removal of a child from the | 2567 |
| child's home, the court shall determine whether the public | 2568 |
| children services agency or private child placing agency that | 2569 |
| filed the complaint in the case, removed the child from home, has | 2570 |
| custody of the child, or will be given custody of the child has | 2571 |
| made reasonable efforts to prevent the removal of the child from | 2572 |
| the child's home, to eliminate the continued removal of the child | 2573 |
| from the child's home, or to make it possible for the child to | 2574 |
| return safely home. The agency shall have the burden of proving | 2575 |
| that it has made those reasonable efforts. If the agency removed | 2576 |
| the child from home during an emergency in which the child could | 2577 |
| not safely remain at home and the agency did not have prior | 2578 |
| contact with the child, the court is not prohibited, solely | 2579 |
| because the agency did not make reasonable efforts during the | 2580 |
| emergency to prevent the removal of the child, from determining | 2581 |
| that the agency made those reasonable efforts. In determining | 2582 |
| whether reasonable efforts were made, the child's health and | 2583 |
| safety shall be paramount. | 2584 |
| (2) If any of the following apply, the court shall make a | 2585 |
| determination that the agency is not required to make reasonable | 2586 |
| efforts to prevent the removal of the child from the child's home, | 2587 |
| eliminate the continued removal of the child from the child's | 2588 |
| home, and return the child to the child's home: | 2589 |
| (a) The parent from whom the child was removed has been | 2590 |
| convicted of or pleaded guilty to one of the following: | 2591 |
| (i) An offense under section 2903.01, 2903.02, or 2903.03 of | 2592 |
| the Revised Code or under an existing or former law of this state, | 2593 |
| any other state, or the United States that is substantially | 2594 |
| equivalent to an offense described in those sections and the | 2595 |
| victim of the offense was a sibling of the child or the victim was | 2596 |
| another child who lived in the parent's household at the time of | 2597 |
| the offense; | 2598 |
| (ii) An offense under section 2903.11, 2903.12, or 2903.13 of | 2599 |
| the Revised Code or under an existing or former law of this state, | 2600 |
| any other state, or the United States that is substantially | 2601 |
| equivalent to an offense described in those sections and the | 2602 |
| victim of the offense is the child, a sibling of the child, or | 2603 |
| another child who lived in the parent's household at the time of | 2604 |
| the offense; | 2605 |
| (iii) An offense under division (B)(2) of section 2919.22 of | 2606 |
| the Revised Code or under an existing or former law of this state, | 2607 |
| any other state, or the United States that is substantially | 2608 |
| equivalent to the offense described in that section and the child, | 2609 |
| a sibling of the child, or another child who lived in the parent's | 2610 |
| household at the time of the offense is the victim of the offense; | 2611 |
| (iv) An offense under section 2907.02, 2907.03, 2907.04, | 2612 |
| 2907.05, or 2907.06 of the Revised Code or under an existing or | 2613 |
| former law of this state, any other state, or the United States | 2614 |
| that is substantially equivalent to an offense described in those | 2615 |
| sections and the victim of the offense is the child, a sibling of | 2616 |
| the child, or another child who lived in the parent's household at | 2617 |
| the time of the offense; | 2618 |
| (v) A conspiracy or attempt to commit, or complicity in | 2619 |
| committing, an offense described in division (A)(2)(a)(i) or (iv) | 2620 |
| of this section; | 2621 |
| (vi) An offense under section 2905.32 of the Revised Code or | 2622 |
| under an existing or former law of this state, any other state, or | 2623 |
| the United States that is substantially equivalent to the offense | 2624 |
| described in that section and the child, a sibling of the child, | 2625 |
| or another child who lived in the parent's household at the time | 2626 |
| of the offense is the victim of the offense. | 2627 |
| (b) The parent from whom the child was removed has repeatedly | 2628 |
| withheld medical treatment or food from the child when the parent | 2629 |
| has the means to provide the treatment or food. If the parent has | 2630 |
| withheld medical treatment in order to treat the physical or | 2631 |
| mental illness or defect of the child by spiritual means through | 2632 |
| prayer alone, in accordance with the tenets of a recognized | 2633 |
| religious body, the court or agency shall comply with the | 2634 |
| requirements of division (A)(1) of this section. | 2635 |
| (c) The parent from whom the child was removed has placed the | 2636 |
| child at substantial risk of harm two or more times due to alcohol | 2637 |
| or drug abuse and has rejected treatment two or more times or | 2638 |
| refused to participate in further treatment two or more times | 2639 |
| after a case plan issued pursuant to section 2151.412 of the | 2640 |
| Revised Code requiring treatment of the parent was journalized as | 2641 |
| part of a dispositional order issued with respect to the child or | 2642 |
| an order was issued by any other court requiring such treatment of | 2643 |
| the parent. | 2644 |
| (d) The parent from whom the child was removed has abandoned | 2645 |
| the child. | 2646 |
| (e) The parent from whom the child was removed has had | 2647 |
| parental rights involuntarily terminated with respect to a sibling | 2648 |
| of the child pursuant to section 2151.353, 2151.414, or 2151.415 | 2649 |
| of the Revised Code or under an existing or former law of this | 2650 |
| state, any other state, or the United States that is substantially | 2651 |
| equivalent to those sections. | 2652 |
| (3) At any hearing in which the court determines whether to | 2653 |
| return a child to the child's home, the court may issue an order | 2654 |
| that returns the child in situations in which the conditions | 2655 |
| described in divisions (A)(2)(a) to (e) of this section are | 2656 |
| present. | 2657 |
| (B)(1) A court that is required to make a determination as | 2658 |
| described in division (A)(1) or (2) of this section shall issue | 2659 |
| written findings of fact setting forth the reasons supporting its | 2660 |
| determination. If the court makes a written determination under | 2661 |
| division (A)(1) of this section, it shall briefly describe in the | 2662 |
| findings of fact the relevant services provided by the agency to | 2663 |
| the family of the child and why those services did not prevent the | 2664 |
| removal of the child from the child's home or enable the child to | 2665 |
| return safely home. | 2666 |
| (2) If a court issues an order that returns the child to the | 2667 |
| child's home in situations in which division (A)(2)(a), (b), (c), | 2668 |
| (d), or (e) of this section applies, the court shall issue written | 2669 |
| findings of fact setting forth the reasons supporting its | 2670 |
| determination. | 2671 |
| (C) If the court makes a determination pursuant to division | 2672 |
| (A)(2) of this section, the court shall conduct a review hearing | 2673 |
| pursuant to section 2151.417 of the Revised Code to approve a | 2674 |
| permanency plan with respect to the child, unless the court issues | 2675 |
| an order returning the child home pursuant to division (A)(3) of | 2676 |
| this section. The hearing to approve the permanency plan may be | 2677 |
| held immediately following the court's determination pursuant to | 2678 |
| division (A)(2) of this section and shall be held no later than | 2679 |
| thirty days following that determination. | 2680 |
| Sec. 2743.191. (A)(1) There is hereby created in the state | 2681 |
| treasury the reparations fund, which shall be used only for the | 2682 |
| following purposes: | 2683 |
| (a) The payment of awards of reparations that are granted by | 2684 |
| the attorney general; | 2685 |
| (b) The compensation of any personnel needed by the attorney | 2686 |
| general to administer sections 2743.51 to 2743.72 of the Revised | 2687 |
| Code; | 2688 |
| (c) The compensation of witnesses as provided in division (J) | 2689 |
| of section 2743.65 of the Revised Code; | 2690 |
| (d) Other administrative costs of hearing and determining | 2691 |
| claims for an award of reparations by the attorney general; | 2692 |
| (e) The costs of administering sections 2907.28 and 2969.01 | 2693 |
| to 2969.06 of the Revised Code; | 2694 |
| (f) The costs of investigation and decision-making as | 2695 |
| certified by the attorney general; | 2696 |
| (g) The provision of state financial assistance to victim | 2697 |
| assistance programs in accordance with sections 109.91 and 109.92 | 2698 |
| of the Revised Code; | 2699 |
| (h) The costs of paying the expenses of sex offense-related | 2700 |
| examinations and antibiotics pursuant to section 2907.28 of the | 2701 |
| Revised Code; | 2702 |
| (i) The cost of printing and distributing the pamphlet | 2703 |
| prepared by the attorney general pursuant to section 109.42 of the | 2704 |
| Revised Code; | 2705 |
| (j) Subject to division (D) of section 2743.71 of the Revised | 2706 |
| Code, the costs associated with the printing and providing of | 2707 |
| information cards or other printed materials to law enforcement | 2708 |
| agencies and prosecuting authorities and with publicizing the | 2709 |
| availability of awards of reparations pursuant to section 2743.71 | 2710 |
| of the Revised Code; | 2711 |
| (k) The payment of costs of administering a DNA specimen | 2712 |
| collection procedure pursuant to sections 2152.74 and 2901.07 of | 2713 |
| the Revised Code, of performing DNA analysis of those DNA | 2714 |
| specimens, and of entering the resulting DNA records regarding | 2715 |
| those analyses into the DNA database pursuant to section 109.573 | 2716 |
| of the Revised Code; | 2717 |
| (l) The payment of actual costs associated with initiatives | 2718 |
| by the attorney general for the apprehension, prosecution, and | 2719 |
| accountability of offenders, and the enhancing of services to | 2720 |
| crime victims. The amount of payments made pursuant to division | 2721 |
| (A)(1)(l) of this section during any given fiscal year shall not | 2722 |
| exceed five per cent of the balance of the reparations fund at the | 2723 |
| close of the immediately previous fiscal year; | 2724 |
| (m) The costs of administering the adult parole authority's | 2725 |
| supervision pursuant to division (E) of section 2971.05 of the | 2726 |
| Revised Code of sexually violent predators who are sentenced to a | 2727 |
| prison term pursuant to division (A)(3) of section 2971.03 of the | 2728 |
| Revised Code and of offenders who are sentenced to a prison term | 2729 |
| pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or | 2730 |
| (c), or (B)(3)(a), (b), (c), or (d) of that section; | 2731 |
| (n) Subject to the limit set forth in those sections, the | 2732 |
| costs of the installation and monitoring of an electronic | 2733 |
| monitoring device used in the monitoring of a respondent pursuant | 2734 |
| to an electronic monitoring order issued by a court under division | 2735 |
| (E)(1)(b) of section 2151.34 or division (E)(1)(b) of section | 2736 |
| 2903.214 of the Revised Code if the court determines that the | 2737 |
| respondent is indigent or used in the monitoring of an offender | 2738 |
| pursuant to an electronic monitoring order issued under division | 2739 |
| (B)(5) of section 2919.27 of the Revised Code if the court | 2740 |
| determines that the offender is indigent. | 2741 |
| (2) All costs paid pursuant to section 2743.70 of the Revised | 2742 |
| Code, the portions of license reinstatement fees mandated by | 2743 |
| division (F)(2)(b) of section 4511.191 of the Revised Code to be | 2744 |
| credited to the fund, the portions of the proceeds of the sale of | 2745 |
| a forfeited vehicle specified in division (C)(2) of section | 2746 |
| 4503.234 of the Revised Code, payments collected by the department | 2747 |
| of rehabilitation and correction from prisoners who voluntarily | 2748 |
| participate in an approved work and training program pursuant to | 2749 |
| division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and | 2750 |
| all moneys collected by the state pursuant to its right of | 2751 |
| subrogation provided in section 2743.72 of the Revised Code shall | 2752 |
| be deposited in the fund. | 2753 |
| (B) In making an award of reparations, the attorney general | 2754 |
| shall render the award against the state. The award shall be | 2755 |
| accomplished only through the following procedure, and the | 2756 |
| following procedure may be enforced by writ of mandamus directed | 2757 |
| to the appropriate official: | 2758 |
| (1) The attorney general shall provide for payment of the | 2759 |
| claimant or providers in the amount of the award only if the | 2760 |
| amount of the award is fifty dollars or more. | 2761 |
| (2) The expense shall be charged against all available | 2762 |
| unencumbered moneys in the fund. | 2763 |
| (3) If sufficient unencumbered moneys do not exist in the | 2764 |
| fund, the attorney general shall make application for payment of | 2765 |
| the award out of the emergency purposes account or any other | 2766 |
| appropriation for emergencies or contingencies, and payment out of | 2767 |
| this account or other appropriation shall be authorized if there | 2768 |
| are sufficient moneys greater than the sum total of then pending | 2769 |
| emergency purposes account requests or requests for releases from | 2770 |
| the other appropriations. | 2771 |
| (4) If sufficient moneys do not exist in the account or any | 2772 |
| other appropriation for emergencies or contingencies to pay the | 2773 |
| award, the attorney general shall request the general assembly to | 2774 |
| make an appropriation sufficient to pay the award, and no payment | 2775 |
| shall be made until the appropriation has been made. The attorney | 2776 |
| general shall make this appropriation request during the current | 2777 |
| biennium and during each succeeding biennium until a sufficient | 2778 |
| appropriation is made. If, prior to the time that an appropriation | 2779 |
| is made by the general assembly pursuant to this division, the | 2780 |
| fund has sufficient unencumbered funds to pay the award or part of | 2781 |
| the award, the available funds shall be used to pay the award or | 2782 |
| part of the award, and the appropriation request shall be amended | 2783 |
| to request only sufficient funds to pay that part of the award | 2784 |
| that is unpaid. | 2785 |
| (C) The attorney general shall not make payment on a decision | 2786 |
| or order granting an award until all appeals have been determined | 2787 |
| and all rights to appeal exhausted, except as otherwise provided | 2788 |
| in this section. If any party to a claim for an award of | 2789 |
| reparations appeals from only a portion of an award, and a | 2790 |
| remaining portion provides for the payment of money by the state, | 2791 |
| that part of the award calling for the payment of money by the | 2792 |
| state and not a subject of the appeal shall be processed for | 2793 |
| payment as described in this section. | 2794 |
| (D) The attorney general shall prepare itemized bills for the | 2795 |
| costs of printing and distributing the pamphlet the attorney | 2796 |
| general prepares pursuant to section 109.42 of the Revised Code. | 2797 |
| The itemized bills shall set forth the name and address of the | 2798 |
| persons owed the amounts set forth in them. | 2799 |
| (E) Interest earned on the moneys in the fund shall be | 2800 |
| credited to the fund. | 2801 |
| (F) As used in this section, "DNA analysis" and "DNA | 2802 |
| specimen" have the same meanings as in section 109.573 of the | 2803 |
| Revised Code. | 2804 |
| Sec. 2743.56. (A) A claim for an award of reparations shall | 2805 |
| be commenced by filing an application for an award of reparations | 2806 |
| with the attorney general. The application may be filed by mail. | 2807 |
| If the application is filed by mail, the post-marked date of the | 2808 |
| application shall be considered the filing date of the | 2809 |
| application. The application shall be in a form prescribed by the | 2810 |
| attorney general and shall include a release authorizing the | 2811 |
| attorney general and the court of claims to obtain any report, | 2812 |
| document, or information that relates to the determination of the | 2813 |
| claim for an award of reparations that is requested in the | 2814 |
| application. | 2815 |
| (B) All applications for an award of reparations | 2816 |
|
filed | 2817 |
| | 2818 |
| 2819 | |
| 2820 | |
| 2821 | |
| 2822 | |
| 2823 | |
| 2824 | |
| 2825 | |
| 2826 | |
| 2827 |
| | 2828 |
| 2829 | |
| injurious conduct. | 2830 |
| Sec. 2743.71. (A) Any law enforcement agency that | 2831 |
| investigates, and any prosecuting attorney, city director of law, | 2832 |
| village solicitor, or similar prosecuting authority who | 2833 |
| prosecutes, an offense committed in this state shall, upon first | 2834 |
| contact with the victim or the victim's family or dependents, give | 2835 |
| the victim or the victim's family or dependents a copy of an | 2836 |
| information card or other printed material provided by the | 2837 |
| attorney general pursuant to division (B) of this section and | 2838 |
| explain, upon request, the information on the card or material to | 2839 |
| the victim or the victim's family or dependents. | 2840 |
| (B) The attorney general shall have printed, and shall | 2841 |
| provide to law enforcement agencies, prosecuting attorneys, city | 2842 |
| directors of law, village solicitors, and similar prosecuting | 2843 |
| authorities, cards or other materials that contain information | 2844 |
| explaining awards of reparations. The information on the cards or | 2845 |
| other materials shall include, but shall not be limited to, the | 2846 |
| following statements: | 2847 |
| (1) Awards of reparations are limited to losses that are | 2848 |
| caused by physical injury resulting from criminally injurious | 2849 |
| conduct; | 2850 |
| (2) Reparations applications | 2851 |
| 2852 | |
|
criminally injurious conduct | 2853 |
| 2854 | |
| 2855 | |
| 2856 |
| (3) An attorney who represents an applicant for an award of | 2857 |
| reparations cannot charge the applicant for the services rendered | 2858 |
| in relation to that representation but is required to apply to the | 2859 |
| attorney general for payment for the representation; | 2860 |
| (4) Applications for awards of reparations may be obtained | 2861 |
| from the attorney general, law enforcement agencies, and victim | 2862 |
| assistance agencies and are to be filed with the attorney general. | 2863 |
| (C) The attorney general may order that a reasonable amount | 2864 |
| of money be paid out of the reparations fund, subject to the | 2865 |
| limitation imposed by division (D) of this section, for use by the | 2866 |
| attorney general to publicize the availability of awards of | 2867 |
| reparations. | 2868 |
| (D) During any fiscal year, the total expenditure for the | 2869 |
| printing and providing of information cards or other materials | 2870 |
| pursuant to division (B) of this section and for the publicizing | 2871 |
| of the availability of awards of reparations pursuant to division | 2872 |
| (C) of this section shall not exceed two per cent of the total of | 2873 |
| all court costs deposited, in accordance with section 2743.70 of | 2874 |
| the Revised Code, in the reparations fund during the immediately | 2875 |
| preceding fiscal year. | 2876 |
| Sec. 2746.02. A court of record of this state shall tax as | 2877 |
| costs or otherwise require the payment of fees for the following | 2878 |
| services rendered, as compensation for the following persons, or | 2879 |
| as part of the sentence imposed by the court, or any other of the | 2880 |
| following fees that are applicable in a particular case: | 2881 |
| (A) In a felony case, financial sanctions, as provided in | 2882 |
| section 2929.18 of the Revised Code; | 2883 |
| (B) In any criminal case, the costs of prosecution, as | 2884 |
| provided in section 2947.23 of the Revised Code; | 2885 |
| (C) In a misdemeanor case in which the offender is sentenced | 2886 |
| to a jail term, the local detention facility is covered by a | 2887 |
| policy adopted by the facility's governing authority requiring | 2888 |
| reimbursement for the costs of confinement, and the offender is | 2889 |
| presented with an itemized bill pursuant to section 2929.37 of the | 2890 |
| Revised Code for such costs, the costs of confinement, as provided | 2891 |
| in section 2929.24 of the Revised Code; | 2892 |
| (D) In a case in which an offender is sentenced for | 2893 |
| endangering children in violation of section 2919.22 of the | 2894 |
| Revised Code, the costs of the offender's supervised community | 2895 |
| service work, as provided in section 2919.22 of the Revised Code; | 2896 |
| (E) In a case in which a defendant is charged with any of | 2897 |
| certain sexual assault or prostitution-related offenses and is | 2898 |
| found to be suffering from a venereal disease in an infectious | 2899 |
| stage, the cost of medical treatment, as provided in section | 2900 |
| 2907.27 of the Revised Code; | 2901 |
| (F) In a case in which a defendant is charged with harassment | 2902 |
| with a bodily substance, the cost of medical testing, as provided | 2903 |
| in section 2921.38 of the Revised Code; | 2904 |
| (G) In a case in which a defendant is charged with violating | 2905 |
| a protection order in violation of section 2919.27 of the Revised | 2906 |
| Code or of a municipal ordinance that is substantially similar to | 2907 |
| that section, the costs of any evaluation and preceding | 2908 |
| examination of the defendant, as provided in section 2919.271 of | 2909 |
| the Revised Code; | 2910 |
| (H) Presentence psychological or psychiatric reports, as | 2911 |
| provided in section 2947.06 of the Revised Code; | 2912 |
| (I) In a criminal proceeding, the taking of a deposition of a | 2913 |
| person who is imprisoned in a detention facility or state | 2914 |
| correctional institution within this state or who is in the | 2915 |
| custody of the department of youth services, as provided in | 2916 |
| section 2945.47 of the Revised Code; | 2917 |
| (J) In a case in which a person is convicted of or pleads | 2918 |
| guilty to any offense other than a parking violation or in which a | 2919 |
| child is found to be a delinquent child or a juvenile traffic | 2920 |
| offender for an act that, if committed by an adult, would be an | 2921 |
| offense other than a parking violation, additional costs and bail, | 2922 |
| if applicable, as provided in sections 2743.70 and 2949.091 of the | 2923 |
| Revised Code, but subject to waiver as provided in section | 2924 |
| 2949.092 of the Revised Code; | 2925 |
| (K) In a case in which a person is convicted of or pleads | 2926 |
| guilty to a moving violation or in which a child is found to be a | 2927 |
| juvenile traffic offender for an act which, if committed by an | 2928 |
| adult, would be a moving violation, additional costs and bail, if | 2929 |
| applicable, as provided in sections 2949.093 and 2949.094 of the | 2930 |
| Revised Code, but subject to waiver as provided in section | 2931 |
| 2949.092 of the Revised Code; | 2932 |
| (L) In a case in which a defendant is convicted of abandoning | 2933 |
| a junk vessel or outboard motor without notifying the appropriate | 2934 |
| law enforcement officer, the cost incurred by the state or a | 2935 |
| political subdivision in disposing of the vessel or motor, as | 2936 |
| provided in section 1547.99 of the Revised Code; | 2937 |
| (M) The costs of electronic monitoring in the following | 2938 |
| cases: | 2939 |
| (1) In a misdemeanor case in which the offender is convicted | 2940 |
| of any of certain prostitution-related offenses and a | 2941 |
| specification under section 2941.1421 of the Revised Code, as | 2942 |
| provided in section 2929.24 of the Revised Code; | 2943 |
| (2) In a case in which the court issues a criminal protection | 2944 |
| order against a minor upon a petition alleging that the respondent | 2945 |
| committed any of certain assault, menacing, or trespass offenses, | 2946 |
| a sexually oriented offense, or an offense under a municipal | 2947 |
| ordinance that is substantially equivalent to any of those | 2948 |
| offenses, as provided in section 2151.34 of the Revised Code; | 2949 |
| (3) In a case in which the court issues a protection order | 2950 |
| against an adult upon a petition alleging that the respondent | 2951 |
| committed menacing by stalking or a sexually oriented offense, as | 2952 |
| provided in section 2903.214 of the Revised Code; | 2953 |
| (4) In a case in which an offender is convicted of violating | 2954 |
| a protection order, as provided in section 2919.27 of the Revised | 2955 |
| Code; | 2956 |
| (5) In a case in which the offender is convicted of any | 2957 |
| sexually oriented offense and is a tier III sex | 2958 |
| offender/child-victim offender relative to that offense, as | 2959 |
| provided in section 2929.13 of the Revised Code. | 2960 |
| (N) In a proceeding for post-conviction relief, a transcript, | 2961 |
| as provided in section 2953.21 of the Revised Code; | 2962 |
| (O) In a proceeding for the sealing of a conviction record, | 2963 |
|
the | 2964 |
| Sec. 2901.01. (A) As used in the Revised Code: | 2965 |
| (1) "Force" means any violence, compulsion, or constraint | 2966 |
| physically exerted by any means upon or against a person or thing. | 2967 |
| (2) "Deadly force" means any force that carries a substantial | 2968 |
| risk that it will proximately result in the death of any person. | 2969 |
| (3) "Physical harm to persons" means any injury, illness, or | 2970 |
| other physiological impairment, regardless of its gravity or | 2971 |
| duration. | 2972 |
| (4) "Physical harm to property" means any tangible or | 2973 |
| intangible damage to property that, in any degree, results in loss | 2974 |
| to its value or interferes with its use or enjoyment. "Physical | 2975 |
| harm to property" does not include wear and tear occasioned by | 2976 |
| normal use. | 2977 |
| (5) "Serious physical harm to persons" means any of the | 2978 |
| following: | 2979 |
| (a) Any mental illness or condition of such gravity as would | 2980 |
| normally require hospitalization or prolonged psychiatric | 2981 |
| treatment; | 2982 |
| (b) Any physical harm that carries a substantial risk of | 2983 |
| death; | 2984 |
| (c) Any physical harm that involves some permanent | 2985 |
| incapacity, whether partial or total, or that involves some | 2986 |
| temporary, substantial incapacity; | 2987 |
| (d) Any physical harm that involves some permanent | 2988 |
| disfigurement or that involves some temporary, serious | 2989 |
| disfigurement; | 2990 |
| (e) Any physical harm that involves acute pain of such | 2991 |
| duration as to result in substantial suffering or that involves | 2992 |
| any degree of prolonged or intractable pain. | 2993 |
| (6) "Serious physical harm to property" means any physical | 2994 |
| harm to property that does either of the following: | 2995 |
| (a) Results in substantial loss to the value of the property | 2996 |
| or requires a substantial amount of time, effort, or money to | 2997 |
| repair or replace; | 2998 |
| (b) Temporarily prevents the use or enjoyment of the property | 2999 |
| or substantially interferes with its use or enjoyment for an | 3000 |
| extended period of time. | 3001 |
| (7) "Risk" means a significant possibility, as contrasted | 3002 |
| with a remote possibility, that a certain result may occur or that | 3003 |
| certain circumstances may exist. | 3004 |
| (8) "Substantial risk" means a strong possibility, as | 3005 |
| contrasted with a remote or significant possibility, that a | 3006 |
| certain result may occur or that certain circumstances may exist. | 3007 |
| (9) "Offense of violence" means any of the following: | 3008 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 3009 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, | 3010 |
| 2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03, | 3011 |
| 2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, | 3012 |
| 2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, | 3013 |
| 2921.34, or 2923.161, of division (A)(1) of section 2903.34, of | 3014 |
| division (A)(1), (2), or (3) of section 2911.12, or of division | 3015 |
| (B)(1), (2), (3), or (4) of section 2919.22 of the Revised Code or | 3016 |
| felonious sexual penetration in violation of former section | 3017 |
| 2907.12 of the Revised Code; | 3018 |
| (b) A violation of an existing or former municipal ordinance | 3019 |
| or law of this or any other state or the United States, | 3020 |
| substantially equivalent to any section, division, or offense | 3021 |
| listed in division (A)(9)(a) of this section; | 3022 |
| (c) An offense, other than a traffic offense, under an | 3023 |
| existing or former municipal ordinance or law of this or any other | 3024 |
| state or the United States, committed purposely or knowingly, and | 3025 |
| involving physical harm to persons or a risk of serious physical | 3026 |
| harm to persons; | 3027 |
| (d) A conspiracy or attempt to commit, or complicity in | 3028 |
| committing, any offense under division (A)(9)(a), (b), or (c) of | 3029 |
| this section. | 3030 |
| (10)(a) "Property" means any property, real or personal, | 3031 |
| tangible or intangible, and any interest or license in that | 3032 |
| property. "Property" includes, but is not limited to, cable | 3033 |
| television service, other telecommunications service, | 3034 |
| telecommunications devices, information service, computers, data, | 3035 |
| computer software, financial instruments associated with | 3036 |
| computers, other documents associated with computers, or copies of | 3037 |
| the documents, whether in machine or human readable form, trade | 3038 |
| secrets, trademarks, copyrights, patents, and property protected | 3039 |
| by a trademark, copyright, or patent. "Financial instruments | 3040 |
| associated with computers" include, but are not limited to, | 3041 |
| checks, drafts, warrants, money orders, notes of indebtedness, | 3042 |
| certificates of deposit, letters of credit, bills of credit or | 3043 |
| debit cards, financial transaction authorization mechanisms, | 3044 |
| marketable securities, or any computer system representations of | 3045 |
| any of them. | 3046 |
| (b) As used in division (A)(10) of this section, "trade | 3047 |
| secret" has the same meaning as in section 1333.61 of the Revised | 3048 |
| Code, and "telecommunications service" and "information service" | 3049 |
| have the same meanings as in section 2913.01 of the Revised Code. | 3050 |
| (c) As used in divisions (A)(10) and (13) of this section, | 3051 |
| "cable television service," "computer," "computer software," | 3052 |
| "computer system," "computer network," "data," and | 3053 |
| "telecommunications device" have the same meanings as in section | 3054 |
| 2913.01 of the Revised Code. | 3055 |
| (11) "Law enforcement officer" means any of the following: | 3056 |
| (a) A sheriff, deputy sheriff, constable, police officer of a | 3057 |
| township or joint police district, marshal, deputy marshal, | 3058 |
| municipal police officer, member of a police force employed by a | 3059 |
| metropolitan housing authority under division (D) of section | 3060 |
| 3735.31 of the Revised Code, or state highway patrol trooper; | 3061 |
| (b) An officer, agent, or employee of the state or any of its | 3062 |
| agencies, instrumentalities, or political subdivisions, upon whom, | 3063 |
| by statute, a duty to conserve the peace or to enforce all or | 3064 |
| certain laws is imposed and the authority to arrest violators is | 3065 |
| conferred, within the limits of that statutory duty and authority; | 3066 |
| (c) A mayor, in the mayor's capacity as chief conservator of | 3067 |
| the peace within the mayor's municipal corporation; | 3068 |
| (d) A member of an auxiliary police force organized by | 3069 |
| county, township, or municipal law enforcement authorities, within | 3070 |
| the scope of the member's appointment or commission; | 3071 |
| (e) A person lawfully called pursuant to section 311.07 of | 3072 |
| the Revised Code to aid a sheriff in keeping the peace, for the | 3073 |
| purposes and during the time when the person is called; | 3074 |
| (f) A person appointed by a mayor pursuant to section 737.01 | 3075 |
| of the Revised Code as a special patrolling officer during riot or | 3076 |
| emergency, for the purposes and during the time when the person is | 3077 |
| appointed; | 3078 |
| (g) A member of the organized militia of this state or the | 3079 |
| armed forces of the United States, lawfully called to duty to aid | 3080 |
| civil authorities in keeping the peace or protect against domestic | 3081 |
| violence; | 3082 |
| (h) A prosecuting attorney, assistant prosecuting attorney, | 3083 |
| secret service officer, or municipal prosecutor; | 3084 |
| (i) A veterans' home police officer appointed under section | 3085 |
| 5907.02 of the Revised Code; | 3086 |
| (j) A member of a police force employed by a regional transit | 3087 |
| authority under division (Y) of section 306.35 of the Revised | 3088 |
| Code; | 3089 |
| (k) A special police officer employed by a port authority | 3090 |
| under section 4582.04 or 4582.28 of the Revised Code; | 3091 |
| (l) The house of representatives sergeant at arms if the | 3092 |
| house of representatives sergeant at arms has arrest authority | 3093 |
| pursuant to division (E)(1) of section 101.311 of the Revised Code | 3094 |
| and an assistant house of representatives sergeant at arms; | 3095 |
| (m) The senate sergeant at arms and an assistant senate | 3096 |
| sergeant at arms; | 3097 |
| (n) A special police officer employed by a municipal | 3098 |
| corporation at a municipal airport, or other municipal air | 3099 |
| navigation facility, that has scheduled operations, as defined in | 3100 |
| section 119.3 of Title 14 of the Code of Federal Regulations, 14 | 3101 |
| C.F.R. 119.3, as amended, and that is required to be under a | 3102 |
| security program and is governed by aviation security rules of the | 3103 |
| transportation security administration of the United States | 3104 |
| department of transportation as provided in Parts 1542. and 1544. | 3105 |
| of Title 49 of the Code of Federal Regulations, as amended. | 3106 |
| (12) "Privilege" means an immunity, license, or right | 3107 |
| conferred by law, bestowed by express or implied grant, arising | 3108 |
| out of status, position, office, or relationship, or growing out | 3109 |
| of necessity. | 3110 |
| (13) "Contraband" means any property that is illegal for a | 3111 |
| person to acquire or possess under a statute, ordinance, or rule, | 3112 |
| or that a trier of fact lawfully determines to be illegal to | 3113 |
| possess by reason of the property's involvement in an offense. | 3114 |
| "Contraband" includes, but is not limited to, all of the | 3115 |
| following: | 3116 |
| (a) Any controlled substance, as defined in section 3719.01 | 3117 |
| of the Revised Code, or any device or paraphernalia; | 3118 |
| (b) Any unlawful gambling device or paraphernalia; | 3119 |
| (c) Any dangerous ordnance or obscene material. | 3120 |
| (14) A person is "not guilty by reason of insanity" relative | 3121 |
| to a charge of an offense only if the person proves, in the manner | 3122 |
| specified in section 2901.05 of the Revised Code, that at the time | 3123 |
| of the commission of the offense, the person did not know, as a | 3124 |
| result of a severe mental disease or defect, the wrongfulness of | 3125 |
| the person's acts. | 3126 |
| (B)(1)(a) Subject to division (B)(2) of this section, as used | 3127 |
| in any section contained in Title XXIX of the Revised Code that | 3128 |
| sets forth a criminal offense, "person" includes all of the | 3129 |
| following: | 3130 |
| (i) An individual, corporation, business trust, estate, | 3131 |
| trust, partnership, and association; | 3132 |
| (ii) An unborn human who is viable. | 3133 |
| (b) As used in any section contained in Title XXIX of the | 3134 |
| Revised Code that does not set forth a criminal offense, "person" | 3135 |
| includes an individual, corporation, business trust, estate, | 3136 |
| trust, partnership, and association. | 3137 |
| (c) As used in division (B)(1)(a) of this section: | 3138 |
| (i) "Unborn human" means an individual organism of the | 3139 |
| species Homo sapiens from fertilization until live birth. | 3140 |
| (ii) "Viable" means the stage of development of a human fetus | 3141 |
| at which there is a realistic possibility of maintaining and | 3142 |
| nourishing of a life outside the womb with or without temporary | 3143 |
| artificial life-sustaining support. | 3144 |
| (2) Notwithstanding division (B)(1)(a) of this section, in no | 3145 |
| case shall the portion of the definition of the term "person" that | 3146 |
| is set forth in division (B)(1)(a)(ii) of this section be applied | 3147 |
| or construed in any section contained in Title XXIX of the Revised | 3148 |
| Code that sets forth a criminal offense in any of the following | 3149 |
| manners: | 3150 |
| (a) Except as otherwise provided in division (B)(2)(a) of | 3151 |
| this section, in a manner so that the offense prohibits or is | 3152 |
| construed as prohibiting any pregnant woman or her physician from | 3153 |
| performing an abortion with the consent of the pregnant woman, | 3154 |
| with the consent of the pregnant woman implied by law in a medical | 3155 |
| emergency, or with the approval of one otherwise authorized by law | 3156 |
| to consent to medical treatment on behalf of the pregnant woman. | 3157 |
| An abortion that violates the conditions described in the | 3158 |
| immediately preceding sentence may be punished as a violation of | 3159 |
| section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, | 3160 |
| 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22 | 3161 |
| of the Revised Code, as applicable. An abortion that does not | 3162 |
| violate the conditions described in the second immediately | 3163 |
| preceding sentence, but that does violate section 2919.12, | 3164 |
| division (B) of section 2919.13, or section 2919.151, 2919.17, or | 3165 |
| 2919.18 of the Revised Code, may be punished as a violation of | 3166 |
| section 2919.12, division (B) of section 2919.13, or section | 3167 |
| 2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable. | 3168 |
| Consent is sufficient under this division if it is of the type | 3169 |
| otherwise adequate to permit medical treatment to the pregnant | 3170 |
| woman, even if it does not comply with section 2919.12 of the | 3171 |
| Revised Code. | 3172 |
| (b) In a manner so that the offense is applied or is | 3173 |
| construed as applying to a woman based on an act or omission of | 3174 |
| the woman that occurs while she is or was pregnant and that | 3175 |
| results in any of the following: | 3176 |
| (i) Her delivery of a stillborn baby; | 3177 |
| (ii) Her causing, in any other manner, the death in utero of | 3178 |
| a viable, unborn human that she is carrying; | 3179 |
| (iii) Her causing the death of her child who is born alive | 3180 |
| but who dies from one or more injuries that are sustained while | 3181 |
| the child is a viable, unborn human; | 3182 |
| (iv) Her causing her child who is born alive to sustain one | 3183 |
| or more injuries while the child is a viable, unborn human; | 3184 |
| (v) Her causing, threatening to cause, or attempting to | 3185 |
| cause, in any other manner, an injury, illness, or other | 3186 |
| physiological impairment, regardless of its duration or gravity, | 3187 |
| or a mental illness or condition, regardless of its duration or | 3188 |
| gravity, to a viable, unborn human that she is carrying. | 3189 |
| (C) As used in Title XXIX of the Revised Code: | 3190 |
| (1) "School safety zone" consists of a school, school | 3191 |
| building, school premises, school activity, and school bus. | 3192 |
| (2) "School," "school building," and "school premises" have | 3193 |
| the same meanings as in section 2925.01 of the Revised Code. | 3194 |
| (3) "School activity" means any activity held under the | 3195 |
| auspices of a board of education of a city, local, exempted | 3196 |
| village, joint vocational, or cooperative education school | 3197 |
| district; a governing authority of a community school established | 3198 |
| under Chapter 3314. of the Revised Code; a governing board of an | 3199 |
| educational service center, or the governing body of a school for | 3200 |
| which the state board of education prescribes minimum standards | 3201 |
| under section 3301.07 of the Revised Code. | 3202 |
| (4) "School bus" has the same meaning as in section 4511.01 | 3203 |
| of the Revised Code. | 3204 |
| Sec. 2923.02. (A) No person, purposely or knowingly, and | 3205 |
| when purpose or knowledge is sufficient culpability for the | 3206 |
| commission of an offense, shall engage in conduct that, if | 3207 |
| successful, would constitute or result in the offense. | 3208 |
| (B) It is no defense to a charge under this section that, in | 3209 |
| retrospect, commission of the offense that was the object of the | 3210 |
| attempt was either factually or legally impossible under the | 3211 |
| attendant circumstances, if that offense could have been committed | 3212 |
| had the attendant circumstances been as the actor believed them to | 3213 |
| be. | 3214 |
| (C) No person who is convicted of committing a specific | 3215 |
| offense, of complicity in the commission of an offense, or of | 3216 |
| conspiracy to commit an offense shall be convicted of an attempt | 3217 |
| to commit the same offense in violation of this section. | 3218 |
| (D) It is an affirmative defense to a charge under this | 3219 |
| section that the actor abandoned the actor's effort to commit the | 3220 |
| offense or otherwise prevented its commission, under circumstances | 3221 |
| manifesting a complete and voluntary renunciation of the actor's | 3222 |
| criminal purpose. | 3223 |
| (E)(1) Whoever violates this section is guilty of an attempt | 3224 |
| to commit an offense. An attempt to commit aggravated murder, | 3225 |
| murder, or an offense for which the maximum penalty is | 3226 |
| imprisonment for life is a felony of the first degree. An attempt | 3227 |
| to commit a drug abuse offense for which the penalty is determined | 3228 |
| by the amount or number of unit doses of the controlled substance | 3229 |
| involved in the drug abuse offense is an offense of the same | 3230 |
| degree as the drug abuse offense attempted would be if that drug | 3231 |
| abuse offense had been committed and had involved an amount or | 3232 |
| number of unit doses of the controlled substance that is within | 3233 |
| the next lower range of controlled substance amounts than was | 3234 |
| involved in the attempt. An attempt to commit any other offense is | 3235 |
| an offense of the next lesser degree than the offense attempted. | 3236 |
| In the case of an attempt to commit an offense other than a | 3237 |
| violation of Chapter 3734. of the Revised Code that is not | 3238 |
| specifically classified, an attempt is a misdemeanor of the first | 3239 |
| degree if the offense attempted is a felony, and a misdemeanor of | 3240 |
| the fourth degree if the offense attempted is a misdemeanor. In | 3241 |
| the case of an attempt to commit a violation of any provision of | 3242 |
| Chapter 3734. of the Revised Code, other than section 3734.18 of | 3243 |
|
the Revised Code, | 3244 |
| a felony punishable by a fine of not more than twenty-five | 3245 |
| thousand dollars or imprisonment for not more than eighteen | 3246 |
| months, or both. An attempt to commit a minor misdemeanor, or to | 3247 |
| engage in conspiracy, is not an offense under this section. | 3248 |
| (2) If a person is convicted of or pleads guilty to attempted | 3249 |
| rape and also is convicted of or pleads guilty to a specification | 3250 |
| of the type described in section 2941.1418, 2941.1419, or | 3251 |
| 2941.1420 of the Revised Code, the offender shall be sentenced to | 3252 |
| a prison term or term of life imprisonment pursuant to section | 3253 |
| 2971.03 of the Revised Code. | 3254 |
| (3) In addition to any other sanctions imposed pursuant to | 3255 |
| division (E)(1) of this section for an attempt to commit | 3256 |
| aggravated murder or murder in violation of division (A) of this | 3257 |
| section, if the offender used a motor vehicle as the means to | 3258 |
| attempt to commit the offense, the court shall impose upon the | 3259 |
| offender a class two suspension of the offender's driver's | 3260 |
| license, commercial driver's license, temporary instruction | 3261 |
| permit, probationary license, or nonresident operating privilege | 3262 |
| as specified in division (A)(2) of section 4510.02 of the Revised | 3263 |
| Code. | 3264 |
| (F) As used in this section: | 3265 |
| (1) "Drug abuse offense" has the same meaning as in section | 3266 |
| 2925.01 of the Revised Code. | 3267 |
| (2) "Motor vehicle" has the same meaning as in section | 3268 |
| 4501.01 of the Revised Code. | 3269 |
| Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the | 3270 |
| Revised Code: | 3271 |
| (A) "Beneficial interest" means any of the following: | 3272 |
| (1) The interest of a person as a beneficiary under a trust | 3273 |
| in which the trustee holds title to personal or real property; | 3274 |
| (2) The interest of a person as a beneficiary under any other | 3275 |
| trust arrangement under which any other person holds title to | 3276 |
| personal or real property for the benefit of such person; | 3277 |
| (3) The interest of a person under any other form of express | 3278 |
| fiduciary arrangement under which any other person holds title to | 3279 |
| personal or real property for the benefit of such person. | 3280 |
| "Beneficial interest" does not include the interest of a | 3281 |
| stockholder in a corporation or the interest of a partner in | 3282 |
| either a general or limited partnership. | 3283 |
| (B) "Costs of investigation and prosecution" and "costs of | 3284 |
| investigation and litigation" mean all of the costs incurred by | 3285 |
| the state or a county or municipal corporation under sections | 3286 |
| 2923.31 to 2923.36 of the Revised Code in the prosecution and | 3287 |
| investigation of any criminal action or in the litigation and | 3288 |
| investigation of any civil action, and includes, but is not | 3289 |
| limited to, the costs of resources and personnel. | 3290 |
| (C) "Enterprise" includes any individual, sole | 3291 |
| proprietorship, partnership, limited partnership, corporation, | 3292 |
| trust, union, government agency, or other legal entity, or any | 3293 |
| organization, association, or group of persons associated in fact | 3294 |
| although not a legal entity. "Enterprise" includes illicit as well | 3295 |
| as licit enterprises. | 3296 |
| (D) "Innocent person" includes any bona fide purchaser of | 3297 |
| property that is allegedly involved in a violation of section | 3298 |
| 2923.32 of the Revised Code, including any person who establishes | 3299 |
| a valid claim to or interest in the property in accordance with | 3300 |
| division (E) of section 2981.04 of the Revised Code, and any | 3301 |
| victim of an alleged violation of that section or of any | 3302 |
| underlying offense involved in an alleged violation of that | 3303 |
| section. | 3304 |
| (E) "Pattern of corrupt activity" means two or more incidents | 3305 |
| of corrupt activity, whether or not there has been a prior | 3306 |
| conviction, that are related to the affairs of the same | 3307 |
| enterprise, are not isolated, and are not so closely related to | 3308 |
| each other and connected in time and place that they constitute a | 3309 |
| single event. | 3310 |
| At least one of the incidents forming the pattern shall occur | 3311 |
| on or after January 1, 1986. Unless any incident was an aggravated | 3312 |
| murder or murder, the last of the incidents forming the pattern | 3313 |
| shall occur within six years after the commission of any prior | 3314 |
| incident forming the pattern, excluding any period of imprisonment | 3315 |
| served by any person engaging in the corrupt activity. | 3316 |
| For the purposes of the criminal penalties that may be | 3317 |
| imposed pursuant to section 2923.32 of the Revised Code, at least | 3318 |
| one of the incidents forming the pattern shall constitute a felony | 3319 |
| under the laws of this state in existence at the time it was | 3320 |
| committed or, if committed in violation of the laws of the United | 3321 |
| States or of any other state, shall constitute a felony under the | 3322 |
| law of the United States or the other state and would be a | 3323 |
| criminal offense under the law of this state if committed in this | 3324 |
| state. | 3325 |
| (F) "Pecuniary value" means money, a negotiable instrument, a | 3326 |
| commercial interest, or anything of value, as defined in section | 3327 |
| 1.03 of the Revised Code, or any other property or service that | 3328 |
| has a value in excess of one hundred dollars. | 3329 |
| (G) "Person" means any person, as defined in section 1.59 of | 3330 |
| the Revised Code, and any governmental officer, employee, or | 3331 |
| entity. | 3332 |
| (H) "Personal property" means any personal property, any | 3333 |
| interest in personal property, or any right, including, but not | 3334 |
| limited to, bank accounts, debts, corporate stocks, patents, or | 3335 |
| copyrights. Personal property and any beneficial interest in | 3336 |
| personal property are deemed to be located where the trustee of | 3337 |
| the property, the personal property, or the instrument evidencing | 3338 |
| the right is located. | 3339 |
| (I) "Corrupt activity" means engaging in, attempting to | 3340 |
| engage in, conspiring to engage in, or soliciting, coercing, or | 3341 |
| intimidating another person to engage in any of the following: | 3342 |
| (1) Conduct defined as "racketeering activity" under the | 3343 |
| "Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C. | 3344 |
| 1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended; | 3345 |
| (2) Conduct constituting any of the following: | 3346 |
| (a) A violation of section 1315.55, 1322.02, 1331.04, | 3347 |
| 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, | 3348 |
| 2905.02, 2905.11, 2905.22, 2905.32 as specified in division | 3349 |
| (I)(2)(g) of this section, 2907.321, 2907.322, 2907.323, 2909.02, | 3350 |
| 2909.03, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, | 3351 |
| 2909.29, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, | 3352 |
| 2913.05, 2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, | 3353 |
| 2921.32, 2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division | 3354 |
| (F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2) | 3355 |
| of section 1707.042; division (B), (C)(4), (D), (E), or (F) of | 3356 |
| section 1707.44; division (A)(1) or (2) of section 2923.20; | 3357 |
| division (E) or (G) of section 3772.99; division (J)(1) of section | 3358 |
| 4712.02; section 4719.02, 4719.05, or 4719.06; division (C), (D), | 3359 |
| or (E) of section 4719.07; section 4719.08; or division (A) of | 3360 |
| section 4719.09 of the Revised Code. | 3361 |
| (b) Any violation of section 3769.11, 3769.15, 3769.16, or | 3362 |
| 3769.19 of the Revised Code as it existed prior to July 1, 1996, | 3363 |
| any violation of section 2915.02 of the Revised Code that occurs | 3364 |
| on or after July 1, 1996, and that, had it occurred prior to that | 3365 |
| date, would have been a violation of section 3769.11 of the | 3366 |
| Revised Code as it existed prior to that date, or any violation of | 3367 |
| section 2915.05 of the Revised Code that occurs on or after July | 3368 |
| 1, 1996, and that, had it occurred prior to that date, would have | 3369 |
| been a violation of section 3769.15, 3769.16, or 3769.19 of the | 3370 |
| Revised Code as it existed prior to that date. | 3371 |
| (c) Any violation of section 2907.21, 2907.22, 2907.31, | 3372 |
| 2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, | 3373 |
| 2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 | 3374 |
| of the Revised Code, any violation of section 2925.11 of the | 3375 |
| Revised Code that is a felony of the first, second, third, or | 3376 |
| fourth degree and that occurs on or after July 1, 1996, any | 3377 |
| violation of section 2915.02 of the Revised Code that occurred | 3378 |
| prior to July 1, 1996, any violation of section 2915.02 of the | 3379 |
| Revised Code that occurs on or after July 1, 1996, and that, had | 3380 |
| it occurred prior to that date, would not have been a violation of | 3381 |
| section 3769.11 of the Revised Code as it existed prior to that | 3382 |
| date, any violation of section 2915.06 of the Revised Code as it | 3383 |
| existed prior to July 1, 1996, or any violation of division (B) of | 3384 |
| section 2915.05 of the Revised Code as it exists on and after July | 3385 |
| 1, 1996, when the proceeds of the violation, the payments made in | 3386 |
| the violation, the amount of a claim for payment or for any other | 3387 |
| benefit that is false or deceptive and that is involved in the | 3388 |
| violation, or the value of the contraband or other property | 3389 |
| illegally possessed, sold, or purchased in the violation exceeds | 3390 |
| one thousand dollars, or any combination of violations described | 3391 |
| in division (I)(2)(c) of this section when the total proceeds of | 3392 |
| the combination of violations, payments made in the combination of | 3393 |
| violations, amount of the claims for payment or for other benefits | 3394 |
| that is false or deceptive and that is involved in the combination | 3395 |
| of violations, or value of the contraband or other property | 3396 |
| illegally possessed, sold, or purchased in the combination of | 3397 |
| violations exceeds one thousand dollars; | 3398 |
| (d) Any violation of section 5743.112 of the Revised Code | 3399 |
| when the amount of unpaid tax exceeds one hundred dollars; | 3400 |
| (e) Any violation or combination of violations of section | 3401 |
| 2907.32 of the Revised Code involving any material or performance | 3402 |
| containing a display of bestiality or of sexual conduct, as | 3403 |
| defined in section 2907.01 of the Revised Code, that is explicit | 3404 |
| and depicted with clearly visible penetration of the genitals or | 3405 |
| clearly visible penetration by the penis of any orifice when the | 3406 |
| total proceeds of the violation or combination of violations, the | 3407 |
| payments made in the violation or combination of violations, or | 3408 |
| the value of the contraband or other property illegally possessed, | 3409 |
| sold, or purchased in the violation or combination of violations | 3410 |
| exceeds one thousand dollars; | 3411 |
| (f) Any combination of violations described in division | 3412 |
| (I)(2)(c) of this section and violations of section 2907.32 of the | 3413 |
| Revised Code involving any material or performance containing a | 3414 |
| display of bestiality or of sexual conduct, as defined in section | 3415 |
| 2907.01 of the Revised Code, that is explicit and depicted with | 3416 |
| clearly visible penetration of the genitals or clearly visible | 3417 |
| penetration by the penis of any orifice when the total proceeds of | 3418 |
| the combination of violations, payments made in the combination of | 3419 |
| violations, amount of the claims for payment or for other benefits | 3420 |
| that is false or deceptive and that is involved in the combination | 3421 |
| of violations, or value of the contraband or other property | 3422 |
| illegally possessed, sold, or purchased in the combination of | 3423 |
| violations exceeds one thousand dollars; | 3424 |
| (g) Any violation of section 2905.32 of the Revised Code to | 3425 |
| the extent the violation is not based solely on the same conduct | 3426 |
| that constitutes corrupt activity pursuant to division (I)(2)(c) | 3427 |
| of this section due to the conduct being in violation of section | 3428 |
| 2907.21 of the Revised Code; | 3429 |
| (h) Any violation of section 3734.02, 3734.03, 3437.05, or | 3430 |
| 3734.11 of the Revised Code that is a felony. | 3431 |
| (3) Conduct constituting a violation of any law of any state | 3432 |
| other than this state that is substantially similar to the conduct | 3433 |
| described in division (I)(2) of this section, provided the | 3434 |
| defendant was convicted of the conduct in a criminal proceeding in | 3435 |
| the other state; | 3436 |
| (4) Animal or ecological terrorism; | 3437 |
| (5)(a) Conduct constituting any of the following: | 3438 |
| (i) Organized retail theft; | 3439 |
| (ii) Conduct that constitutes one or more violations of any | 3440 |
| law of any state other than this state, that is substantially | 3441 |
| similar to organized retail theft, and that if committed in this | 3442 |
| state would be organized retail theft, if the defendant was | 3443 |
| convicted of or pleaded guilty to the conduct in a criminal | 3444 |
| proceeding in the other state. | 3445 |
| (b) By enacting division (I)(5)(a) of this section, it is the | 3446 |
| intent of the general assembly to add organized retail theft and | 3447 |
| the conduct described in division (I)(5)(a)(ii) of this section as | 3448 |
| conduct constituting corrupt activity. The enactment of division | 3449 |
| (I)(5)(a) of this section and the addition by division (I)(5)(a) | 3450 |
| of this section of organized retail theft and the conduct | 3451 |
| described in division (I)(5)(a)(ii) of this section as conduct | 3452 |
| constituting corrupt activity does not limit or preclude, and | 3453 |
| shall not be construed as limiting or precluding, any prosecution | 3454 |
| for a violation of section 2923.32 of the Revised Code that is | 3455 |
| based on one or more violations of section 2913.02 or 2913.51 of | 3456 |
| the Revised Code, one or more similar offenses under the laws of | 3457 |
| this state or any other state, or any combination of any of those | 3458 |
| violations or similar offenses, even though the conduct | 3459 |
| constituting the basis for those violations or offenses could be | 3460 |
| construed as also constituting organized retail theft or conduct | 3461 |
| of the type described in division (I)(5)(a)(ii) of this section. | 3462 |
| (J) "Real property" means any real property or any interest | 3463 |
| in real property, including, but not limited to, any lease of, or | 3464 |
| mortgage upon, real property. Real property and any beneficial | 3465 |
| interest in it is deemed to be located where the real property is | 3466 |
| located. | 3467 |
| (K) "Trustee" means any of the following: | 3468 |
| (1) Any person acting as trustee under a trust in which the | 3469 |
| trustee holds title to personal or real property; | 3470 |
| (2) Any person who holds title to personal or real property | 3471 |
| for which any other person has a beneficial interest; | 3472 |
| (3) Any successor trustee. | 3473 |
| "Trustee" does not include an assignee or trustee for an | 3474 |
| insolvent debtor or an executor, administrator, administrator with | 3475 |
| the will annexed, testamentary trustee, guardian, or committee, | 3476 |
| appointed by, under the control of, or accountable to a court. | 3477 |
| (L) "Unlawful debt" means any money or other thing of value | 3478 |
| constituting principal or interest of a debt that is legally | 3479 |
| unenforceable in this state in whole or in part because the debt | 3480 |
| was incurred or contracted in violation of any federal or state | 3481 |
| law relating to the business of gambling activity or relating to | 3482 |
| the business of lending money at an usurious rate unless the | 3483 |
| creditor proves, by a preponderance of the evidence, that the | 3484 |
| usurious rate was not intentionally set and that it resulted from | 3485 |
| a good faith error by the creditor, notwithstanding the | 3486 |
| maintenance of procedures that were adopted by the creditor to | 3487 |
| avoid an error of that nature. | 3488 |
| (M) "Animal activity" means any activity that involves the | 3489 |
| use of animals or animal parts, including, but not limited to, | 3490 |
| hunting, fishing, trapping, traveling, camping, the production, | 3491 |
| preparation, or processing of food or food products, clothing or | 3492 |
| garment manufacturing, medical research, other research, | 3493 |
| entertainment, recreation, agriculture, biotechnology, or service | 3494 |
| activity that involves the use of animals or animal parts. | 3495 |
| (N) "Animal facility" means a vehicle, building, structure, | 3496 |
| nature preserve, or other premises in which an animal is lawfully | 3497 |
| kept, handled, housed, exhibited, bred, or offered for sale, | 3498 |
| including, but not limited to, a zoo, rodeo, circus, amusement | 3499 |
| park, hunting preserve, or premises in which a horse or dog event | 3500 |
| is held. | 3501 |
| (O) "Animal or ecological terrorism" means the commission of | 3502 |
| any felony that involves causing or creating a substantial risk of | 3503 |
| physical harm to any property of another, the use of a deadly | 3504 |
| weapon or dangerous ordnance, or purposely, knowingly, or | 3505 |
| recklessly causing serious physical harm to property and that | 3506 |
| involves an intent to obstruct, impede, or deter any person from | 3507 |
| participating in a lawful animal activity, from mining, foresting, | 3508 |
| harvesting, gathering, or processing natural resources, or from | 3509 |
| being lawfully present in or on an animal facility or research | 3510 |
| facility. | 3511 |
| (P) "Research facility" means a place, laboratory, | 3512 |
| institution, medical care facility, government facility, or public | 3513 |
| or private educational institution in which a scientific test, | 3514 |
| experiment, or investigation involving the use of animals or other | 3515 |
| living organisms is lawfully carried out, conducted, or attempted. | 3516 |
| (Q) "Organized retail theft" means the theft of retail | 3517 |
| property with a retail value of one thousand dollars or more from | 3518 |
| one or more retail establishments with the intent to sell, | 3519 |
| deliver, or transfer that property to a retail property fence. | 3520 |
| (R) "Retail property" means any tangible personal property | 3521 |
| displayed, held, stored, or offered for sale in or by a retail | 3522 |
| establishment. | 3523 |
| (S) "Retail property fence" means a person who possesses, | 3524 |
| procures, receives, or conceals retail property that was | 3525 |
| represented to the person as being stolen or that the person knows | 3526 |
| or believes to be stolen. | 3527 |
| (T) "Retail value" means the full retail value of the retail | 3528 |
| property. In determining whether the retail value of retail | 3529 |
| property equals or exceeds one thousand dollars, the value of all | 3530 |
| retail property stolen from the retail establishment or retail | 3531 |
| establishments by the same person or persons within any | 3532 |
| one-hundred-eighty-day period shall be aggregated. | 3533 |
| Sec. 2923.32. (A)(1) No person employed by, or associated | 3534 |
| with, any enterprise shall conduct or participate in, directly or | 3535 |
| indirectly, the affairs of the enterprise through a pattern of | 3536 |
| corrupt activity or the collection of an unlawful debt. | 3537 |
| (2) No person, through a pattern of corrupt activity or the | 3538 |
| collection of an unlawful debt, shall acquire or maintain, | 3539 |
| directly or indirectly, any interest in, or control of, any | 3540 |
| enterprise or real property. | 3541 |
| (3) No person, who knowingly has received any proceeds | 3542 |
| derived, directly or indirectly, from a pattern of corrupt | 3543 |
| activity or the collection of any unlawful debt, shall use or | 3544 |
| invest, directly or indirectly, any part of those proceeds, or any | 3545 |
| proceeds derived from the use or investment of any of those | 3546 |
| proceeds, in the acquisition of any title to, or any right, | 3547 |
| interest, or equity in, real property or in the establishment or | 3548 |
| operation of any enterprise. | 3549 |
| A purchase of securities on the open market with intent to | 3550 |
| make an investment, without intent to control or participate in | 3551 |
| the control of the issuer, and without intent to assist another to | 3552 |
| do so is not a violation of this division, if the securities of | 3553 |
| the issuer held after the purchase by the purchaser, the members | 3554 |
| of the purchaser's immediate family, and the purchaser's or the | 3555 |
| immediate family members' accomplices in any pattern of corrupt | 3556 |
| activity or the collection of an unlawful debt do not aggregate | 3557 |
| one per cent of the outstanding securities of any one class of the | 3558 |
| issuer and do not confer, in law or in fact, the power to elect | 3559 |
| one or more directors of the issuer. | 3560 |
| (B)(1) Whoever violates this section is guilty of engaging in | 3561 |
| a pattern of corrupt activity. Except as otherwise provided in | 3562 |
| this division, engaging in corrupt activity is a felony of the | 3563 |
| second degree. Except as otherwise provided in this division, if | 3564 |
| at least one of the incidents of corrupt activity is a felony of | 3565 |
| the first, second, or third degree, aggravated murder, or murder, | 3566 |
| if at least one of the incidents was a felony under the law of | 3567 |
| this state that was committed prior to July 1, 1996, and that | 3568 |
| would constitute a felony of the first, second, or third degree, | 3569 |
| aggravated murder, or murder if committed on or after July 1, | 3570 |
| 1996, or if at least one of the incidents of corrupt activity is a | 3571 |
| felony under the law of the United States or of another state | 3572 |
| that, if committed in this state on or after July 1, 1996, would | 3573 |
| constitute a felony of the first, second, or third degree, | 3574 |
| aggravated murder, or murder under the law of this state, engaging | 3575 |
| in a pattern of corrupt activity is a felony of the first degree. | 3576 |
| If the offender also is convicted of or pleads guilty to a | 3577 |
| specification as described in section 2941.1422 of the Revised | 3578 |
| Code that was included in the indictment, count in the indictment, | 3579 |
| or information charging the offense, engaging in a pattern of | 3580 |
| corrupt activity is a felony of the first degree, and the court | 3581 |
| shall sentence the offender to a mandatory prison term as provided | 3582 |
| in division (B)(7) of section 2929.14 of the Revised Code and | 3583 |
| shall order the offender to make restitution as provided in | 3584 |
| division (B)(8) of section 2929.18 of the Revised Code. | 3585 |
| Notwithstanding any other provision of law, a person may be | 3586 |
| convicted of violating the provisions of this section as well as | 3587 |
| of a conspiracy to violate one or more of those provisions under | 3588 |
| section 2923.01 of the Revised Code. | 3589 |
| (2)(a) Notwithstanding the financial sanctions authorized by | 3590 |
| section 2929.18 of the Revised Code, the court may do all of the | 3591 |
| following with respect to any person who derives pecuniary value | 3592 |
| or causes property damage, personal injury other than pain and | 3593 |
| suffering, or other loss through or by the violation of this | 3594 |
| section: | 3595 |
| | 3596 |
| a fine not exceeding the greater of three times the gross value | 3597 |
| gained or three times the gross loss caused and order the clerk of | 3598 |
| the court to pay the fine into the state treasury to the credit of | 3599 |
| the corrupt activity investigation and prosecution fund, which is | 3600 |
| hereby created; | 3601 |
| | 3602 |
| (B)(2)(a)(i) of this section and the financial sanctions | 3603 |
| authorized by section 2929.18 of the Revised Code, order the | 3604 |
| person to pay court costs; | 3605 |
| | 3606 |
| (B)(2)(a)(i) of this section and the financial sanctions | 3607 |
| authorized by section 2929.18 of the Revised Code, order the | 3608 |
| person to pay to the state, municipal, or county law enforcement | 3609 |
| agencies that handled the investigation and prosecution the costs | 3610 |
| of investigation and prosecution that are reasonably incurred. | 3611 |
| (b) The court shall hold a hearing to determine the amount of | 3612 |
| fine, court costs, and other costs to be imposed under this | 3613 |
| division. | 3614 |
| (c) The court shall not impose the fine authorized by | 3615 |
| division (B)(2)(a)(i) of this section for an incident of corrupt | 3616 |
| activity that is predicated on a violation of section 1331.04 of | 3617 |
| the Revised Code. | 3618 |
| (3) In addition to any other penalty or disposition | 3619 |
| authorized or required by law, the court shall order any person | 3620 |
| who is convicted of or pleads guilty to a violation of this | 3621 |
| section or who is adjudicated delinquent by reason of a violation | 3622 |
| of this section to criminally forfeit to the state under Chapter | 3623 |
| 2981. of the Revised Code any personal or real property in which | 3624 |
| the person has an interest and that was used in the course of or | 3625 |
| intended for use in the course of a violation of this section, or | 3626 |
| that was derived from or realized through conduct in violation of | 3627 |
| this section, including any property constituting an interest in, | 3628 |
| means of control over, or influence over the enterprise involved | 3629 |
| in the violation and any property constituting proceeds derived | 3630 |
| from the violation, including all of the following: | 3631 |
| (a) Any position, office, appointment, tenure, commission, or | 3632 |
| employment contract of any kind acquired or maintained by the | 3633 |
| person in violation of this section, through which the person, in | 3634 |
| violation of this section, conducted or participated in the | 3635 |
| conduct of an enterprise, or that afforded the person a source of | 3636 |
| influence or control over an enterprise that the person exercised | 3637 |
| in violation of this section; | 3638 |
| (b) Any compensation, right, or benefit derived from a | 3639 |
| position, office, appointment, tenure, commission, or employment | 3640 |
| contract described in division (B)(3)(a) of this section that | 3641 |
| accrued to the person in violation of this section during the | 3642 |
| period of the pattern of corrupt activity; | 3643 |
| (c) Any interest in, security of, claim against, or property | 3644 |
| or contractual right affording the person a source of influence or | 3645 |
| control over the affairs of an enterprise that the person | 3646 |
| exercised in violation of this section; | 3647 |
| (d) Any amount payable or paid under any contract for goods | 3648 |
| or services that was awarded or performed in violation of this | 3649 |
| section. | 3650 |
| Sec. 2945.63. (A) As used in this section: | 3651 |
| (1) "Child pornography" means any obscene material involving | 3652 |
| a juvenile, any sexually oriented matter involving a juvenile, or | 3653 |
| any material that is harmful to juveniles. | 3654 |
| (2) "Juvenile," "harmful to juveniles," "material," and | 3655 |
| "performance" have the same meanings as in section 2907.01 of the | 3656 |
| Revised Code. | 3657 |
| (3) "Sexually oriented matter" has the same meaning as in | 3658 |
| section 2919.22 of the Revised Code. | 3659 |
| (B) Any child pornography that is offered as evidence or that | 3660 |
| comes into the custody or control of the prosecutor or the court | 3661 |
| shall remain in the custody or control of the prosecutor or the | 3662 |
| court. | 3663 |
| (C) Notwithstanding Rule 16 of the Rules of Criminal | 3664 |
| Procedure, the court in a criminal proceeding shall deny any | 3665 |
| request by the defendant to photocopy, photograph, or otherwise | 3666 |
| reproduce any child pornography if the prosecutor gives the | 3667 |
| defendant, the defendant's attorney, and any individual the | 3668 |
| defendant may seek to qualify to furnish expert testimony at trial | 3669 |
| ample opportunity to examine the child pornography at the place | 3670 |
| where the prosecutor or the court is holding the child | 3671 |
| pornography. | 3672 |
| Sec. 2953.32. (A)(1) Except as provided in section 2953.61 | 3673 |
| of the Revised Code, an eligible offender may apply to the | 3674 |
| sentencing court if convicted in this state, or to a court of | 3675 |
| common pleas if convicted in another state or in a federal court, | 3676 |
| for the sealing of the conviction record. Application may be made | 3677 |
| at the expiration of three years after the offender's final | 3678 |
| discharge if convicted of a felony, or at the expiration of one | 3679 |
| year after the offender's final discharge if convicted of a | 3680 |
| misdemeanor. | 3681 |
| (2) Any person who has been arrested for any misdemeanor | 3682 |
| offense and who has effected a bail forfeiture may apply to the | 3683 |
| court in which the misdemeanor criminal case was pending when bail | 3684 |
| was forfeited for the sealing of the record of the case. Except as | 3685 |
| provided in section 2953.61 of the Revised Code, the application | 3686 |
| may be filed at any time after the expiration of one year from the | 3687 |
| date on which the bail forfeiture was entered upon the minutes of | 3688 |
| the court or the journal, whichever entry occurs first. | 3689 |
| (B) Upon the filing of an application under this section, the | 3690 |
| court shall set a date for a hearing and shall notify the | 3691 |
| prosecutor for the case of the hearing on the application. The | 3692 |
| prosecutor may object to the granting of the application by filing | 3693 |
| an objection with the court prior to the date set for the hearing. | 3694 |
| The prosecutor shall specify in the objection the reasons for | 3695 |
| believing a denial of the application is justified. The court | 3696 |
| shall direct its regular probation officer, a state probation | 3697 |
| officer, or the department of probation of the county in which the | 3698 |
| applicant resides to make inquiries and written reports as the | 3699 |
| court requires concerning the applicant. If the applicant was | 3700 |
| convicted of or pleaded guilty to a violation of division (A)(2) | 3701 |
| or (B) of section 2919.21 of the Revised Code, the probation | 3702 |
| officer or county department of probation that the court directed | 3703 |
| to make inquiries concerning the applicant shall contact the child | 3704 |
| support enforcement agency enforcing the applicant's obligations | 3705 |
| under the child support order to inquire about the offender's | 3706 |
| compliance with the child support order. | 3707 |
| (C)(1) The court shall do each of the following: | 3708 |
| (a) Determine whether the applicant is an eligible offender | 3709 |
| or whether the forfeiture of bail was agreed to by the applicant | 3710 |
| and the prosecutor in the case. If the applicant applies as an | 3711 |
| eligible offender pursuant to division (A)(1) of this section and | 3712 |
| has two or three convictions that result from the same indictment, | 3713 |
| information, or complaint, from the same plea of guilty, or from | 3714 |
| the same official proceeding, and result from related criminal | 3715 |
| acts that were committed within a three-month period but do not | 3716 |
| result from the same act or from offenses committed at the same | 3717 |
| time, in making its determination under this division, the court | 3718 |
| initially shall determine whether it is not in the public interest | 3719 |
| for the two or three convictions to be counted as one conviction. | 3720 |
| If the court determines that it is not in the public interest for | 3721 |
| the two or three convictions to be counted as one conviction, the | 3722 |
| court shall determine that the applicant is not an eligible | 3723 |
| offender; if the court does not make that determination, the court | 3724 |
| shall determine that the offender is an eligible offender. | 3725 |
| (b) Determine whether criminal proceedings are pending | 3726 |
| against the applicant; | 3727 |
| (c) If the applicant is an eligible offender who applies | 3728 |
| pursuant to division (A)(1) of this section, determine whether the | 3729 |
| applicant has been rehabilitated to the satisfaction of the court; | 3730 |
| (d) If the prosecutor has filed an objection in accordance | 3731 |
| with division (B) of this section, consider the reasons against | 3732 |
| granting the application specified by the prosecutor in the | 3733 |
| objection; | 3734 |
| (e) Weigh the interests of the applicant in having the | 3735 |
| records pertaining to the applicant's conviction sealed against | 3736 |
| the legitimate needs, if any, of the government to maintain those | 3737 |
| records. | 3738 |
| (2) If the court determines, after complying with division | 3739 |
| (C)(1) of this section, that the applicant is an eligible offender | 3740 |
| or the subject of a bail forfeiture, that no criminal proceeding | 3741 |
| is pending against the applicant, and that the interests of the | 3742 |
| applicant in having the records pertaining to the applicant's | 3743 |
| conviction or bail forfeiture sealed are not outweighed by any | 3744 |
| legitimate governmental needs to maintain those records, and that | 3745 |
| the rehabilitation of an applicant who is an eligible offender | 3746 |
| applying pursuant to division (A)(1) of this section has been | 3747 |
| attained to the satisfaction of the court, the court, except as | 3748 |
| provided in divisions (G) and (H) of this section, shall order all | 3749 |
| official records pertaining to the case sealed and, except as | 3750 |
| provided in division (F) of this section, all index references to | 3751 |
| the case deleted and, in the case of bail forfeitures, shall | 3752 |
| dismiss the charges in the case. The proceedings in the case shall | 3753 |
| be considered not to have occurred and the conviction or bail | 3754 |
| forfeiture of the person who is the subject of the proceedings | 3755 |
| shall be sealed, except that upon conviction of a subsequent | 3756 |
| offense, the sealed record of prior conviction or bail forfeiture | 3757 |
| may be considered by the court in determining the sentence or | 3758 |
| other appropriate disposition, including the relief provided for | 3759 |
| in sections 2953.31 to 2953.33 of the Revised Code. | 3760 |
| (3) Upon the filing of an application under this section, the | 3761 |
| applicant, unless indigent, shall pay a fee of fifty dollars. The | 3762 |
| court shall pay thirty dollars of the fee into the state treasury. | 3763 |
| It shall pay twenty dollars of the fee into the county general | 3764 |
| revenue fund if the sealed conviction or bail forfeiture was | 3765 |
| pursuant to a state statute, or into the general revenue fund of | 3766 |
| the municipal corporation involved if the sealed conviction or | 3767 |
| bail forfeiture was pursuant to a municipal ordinance. | 3768 |
| (4) Upon the filing of an application under this section, the | 3769 |
| applicant, unless indigent, shall pay a fee that is in addition to | 3770 |
| the fee paid under division (C)(3) of this section and that is | 3771 |
| established by the attorney general by rules adopted pursuant to | 3772 |
| Chapter 119. of the Revised Code. The court shall pay the fee into | 3773 |
| the attorney general reimbursement fund. The court shall not waive | 3774 |
| the fee unless the court waives all other fees imposed under this | 3775 |
| section. | 3776 |
| (5) If the court orders the official records pertaining to | 3777 |
| the case sealed, the court shall order the applicant to appear | 3778 |
| before a sheriff to have the applicant's fingerprints taken | 3779 |
| according to the fingerprint system of identification on the forms | 3780 |
| furnished by the superintendent of the bureau of criminal | 3781 |
| identification and investigation. The sheriff shall forward the | 3782 |
| applicant's fingerprints to the court. The court shall forward the | 3783 |
| applicant's fingerprints and a copy of the sealing order to the | 3784 |
| bureau of criminal identification and investigation. | 3785 |
| (D) Inspection of the sealed records included in the order | 3786 |
| may be made only by the following persons or for the following | 3787 |
| purposes: | 3788 |
| (1) By a law enforcement officer or prosecutor, or the | 3789 |
| assistants of either, to determine whether the nature and | 3790 |
| character of the offense with which a person is to be charged | 3791 |
| would be affected by virtue of the person's previously having been | 3792 |
| convicted of a crime; | 3793 |
| (2) By the parole or probation officer of the person who is | 3794 |
| the subject of the records, for the exclusive use of the officer | 3795 |
| in supervising the person while on parole or under a community | 3796 |
| control sanction or a post-release control sanction, and in making | 3797 |
| inquiries and written reports as requested by the court or adult | 3798 |
| parole authority; | 3799 |
| (3) Upon application by the person who is the subject of the | 3800 |
| records, by the persons named in the application; | 3801 |
| (4) By a law enforcement officer who was involved in the | 3802 |
| case, for use in the officer's defense of a civil action arising | 3803 |
| out of the officer's involvement in that case; | 3804 |
| (5) By a prosecuting attorney or the prosecuting attorney's | 3805 |
| assistants, to determine a defendant's eligibility to enter a | 3806 |
| pre-trial diversion program established pursuant to section | 3807 |
| 2935.36 of the Revised Code; | 3808 |
| (6) By any law enforcement agency or any authorized employee | 3809 |
| of a law enforcement agency or by the department of rehabilitation | 3810 |
| and correction as part of a background investigation of a person | 3811 |
|
who applies for employment with the agency | 3812 |
| 3813 |
| (7) By any law enforcement agency or any authorized employee | 3814 |
| of a law enforcement agency, for the purposes set forth in, and in | 3815 |
| the manner provided in, section 2953.321 of the Revised Code; | 3816 |
| (8) By the bureau of criminal identification and | 3817 |
| investigation or any authorized employee of the bureau for the | 3818 |
| purpose of providing information to a board or person pursuant to | 3819 |
| division (F) or (G) of section 109.57 of the Revised Code; | 3820 |
| (9) By the bureau of criminal identification and | 3821 |
| investigation or any authorized employee of the bureau for the | 3822 |
| purpose of performing a criminal history records check on a person | 3823 |
| to whom a certificate as prescribed in section 109.77 of the | 3824 |
| Revised Code is to be awarded; | 3825 |
| (10) By the bureau of criminal identification and | 3826 |
| investigation or any authorized employee of the bureau for the | 3827 |
| purpose of conducting a criminal records check of an individual | 3828 |
| pursuant to division (B) of section 109.572 of the Revised Code | 3829 |
| that was requested pursuant to any of the sections identified in | 3830 |
| division (B)(1) of that section; | 3831 |
| (11) By the bureau of criminal identification and | 3832 |
| investigation, an authorized employee of the bureau, a sheriff, or | 3833 |
| an authorized employee of a sheriff in connection with a criminal | 3834 |
| records check described in section 311.41 of the Revised Code; | 3835 |
| (12) By the attorney general or an authorized employee of the | 3836 |
| attorney general or a court for purposes of determining a person's | 3837 |
| classification pursuant to Chapter 2950. of the Revised Code. | 3838 |
| When the nature and character of the offense with which a | 3839 |
| person is to be charged would be affected by the information, it | 3840 |
| may be used for the purpose of charging the person with an | 3841 |
| offense. | 3842 |
| (E) In any criminal proceeding, proof of any otherwise | 3843 |
| admissible prior conviction may be introduced and proved, | 3844 |
| notwithstanding the fact that for any such prior conviction an | 3845 |
| order of sealing previously was issued pursuant to sections | 3846 |
| 2953.31 to 2953.36 of the Revised Code. | 3847 |
| (F) The person or governmental agency, office, or department | 3848 |
| that maintains sealed records pertaining to convictions or bail | 3849 |
| forfeitures that have been sealed pursuant to this section may | 3850 |
| maintain a manual or computerized index to the sealed records. The | 3851 |
| index shall contain only the name of, and alphanumeric identifiers | 3852 |
| that relate to, the persons who are the subject of the sealed | 3853 |
| records, the word "sealed," and the name of the person, agency, | 3854 |
| office, or department that has custody of the sealed records, and | 3855 |
| shall not contain the name of the crime committed. The index shall | 3856 |
| be made available by the person who has custody of the sealed | 3857 |
| records only for the purposes set forth in divisions (C), (D), and | 3858 |
| (E) of this section. | 3859 |
| (G) Notwithstanding any provision of this section or section | 3860 |
| 2953.33 of the Revised Code that requires otherwise, a board of | 3861 |
| education of a city, local, exempted village, or joint vocational | 3862 |
| school district that maintains records of an individual who has | 3863 |
| been permanently excluded under sections 3301.121 and 3313.662 of | 3864 |
| the Revised Code is permitted to maintain records regarding a | 3865 |
| conviction that was used as the basis for the individual's | 3866 |
| permanent exclusion, regardless of a court order to seal the | 3867 |
| record. An order issued under this section to seal the record of a | 3868 |
| conviction does not revoke the adjudication order of the | 3869 |
| superintendent of public instruction to permanently exclude the | 3870 |
| individual who is the subject of the sealing order. An order | 3871 |
| issued under this section to seal the record of a conviction of an | 3872 |
| individual may be presented to a district superintendent as | 3873 |
| evidence to support the contention that the superintendent should | 3874 |
| recommend that the permanent exclusion of the individual who is | 3875 |
| the subject of the sealing order be revoked. Except as otherwise | 3876 |
| authorized by this division and sections 3301.121 and 3313.662 of | 3877 |
| the Revised Code, any school employee in possession of or having | 3878 |
| access to the sealed conviction records of an individual that were | 3879 |
| the basis of a permanent exclusion of the individual is subject to | 3880 |
| section 2953.35 of the Revised Code. | 3881 |
| (H) For purposes of sections 2953.31 to 2953.36 of the | 3882 |
| Revised Code, DNA records collected in the DNA database and | 3883 |
| fingerprints filed for record by the superintendent of the bureau | 3884 |
| of criminal identification and investigation shall not be sealed | 3885 |
| unless the superintendent receives a certified copy of a final | 3886 |
| court order establishing that the offender's conviction has been | 3887 |
| overturned. For purposes of this section, a court order is not | 3888 |
| "final" if time remains for an appeal or application for | 3889 |
| discretionary review with respect to the order. | 3890 |
| Sec. 2981.13. (A) Except as otherwise provided in this | 3891 |
| section, property ordered forfeited as contraband, proceeds, or an | 3892 |
| instrumentality pursuant to this chapter shall be disposed of, | 3893 |
| used, or sold pursuant to section 2981.12 of the Revised Code. If | 3894 |
| the property is to be sold under that section, the prosecutor | 3895 |
| shall cause notice of the proposed sale to be given in accordance | 3896 |
| with law. | 3897 |
| (B) If the contraband or instrumentality forfeited under this | 3898 |
| chapter is sold, any moneys acquired from a sale and any proceeds | 3899 |
| forfeited under this chapter shall be applied in the following | 3900 |
| order: | 3901 |
| (1) First, to pay costs incurred in the seizure, storage, | 3902 |
| maintenance, security, and sale of the property and in the | 3903 |
| forfeiture proceeding; | 3904 |
| (2) Second, in a criminal forfeiture case, to satisfy any | 3905 |
| restitution ordered to the victim of the offense or, in a civil | 3906 |
| forfeiture case, to satisfy any recovery ordered for the person | 3907 |
| harmed, unless paid from other assets; | 3908 |
| (3) Third, to pay the balance due on any security interest | 3909 |
| preserved under this chapter; | 3910 |
| (4) Fourth, apply the remaining amounts as follows: | 3911 |
| (a) If the forfeiture was ordered by a juvenile court, ten | 3912 |
| per cent to one or more certified alcohol and drug addiction | 3913 |
| treatment programs as provided in division (D) of section 2981.12 | 3914 |
| of the Revised Code; | 3915 |
| (b) If the forfeiture was ordered in a juvenile court, ninety | 3916 |
| per cent, and if the forfeiture was ordered in a court other than | 3917 |
| a juvenile court, one hundred per cent to the law enforcement | 3918 |
| trust fund of the prosecutor and to the following fund supporting | 3919 |
| the law enforcement agency that substantially conducted the | 3920 |
| investigation: the law enforcement trust fund of the county | 3921 |
| sheriff, municipal corporation, township, or park district created | 3922 |
| under section 511.18 or 1545.01 of the Revised Code; the state | 3923 |
| highway patrol contraband, forfeiture, and other fund; the | 3924 |
| department of public safety investigative unit contraband, | 3925 |
| forfeiture, and other fund; the department of taxation enforcement | 3926 |
| fund; the board of pharmacy drug law enforcement fund created by | 3927 |
| division (B)(1) of section 4729.65 of the Revised Code; the | 3928 |
| medicaid fraud investigation and prosecution fund; the bureau of | 3929 |
| criminal identification and investigation asset forfeiture and | 3930 |
| cost reimbursement fund; the casino control commission enforcement | 3931 |
| fund created by section 3772.36 of the Revised Code; or the | 3932 |
| treasurer of state for deposit into the peace officer training | 3933 |
| commission fund if any other state law enforcement agency | 3934 |
| substantially conducted the investigation. In the case of property | 3935 |
| forfeited for medicaid fraud, any remaining amount shall be used | 3936 |
| by the attorney general to investigate and prosecute medicaid | 3937 |
| fraud offenses. | 3938 |
| If the prosecutor declines to accept any of the remaining | 3939 |
| amounts, the amounts shall be applied to the fund of the agency | 3940 |
| that substantially conducted the investigation. | 3941 |
| (c) If more than one law enforcement agency is substantially | 3942 |
| involved in the seizure of property forfeited under this chapter, | 3943 |
| the court ordering the forfeiture shall equitably divide the | 3944 |
| amounts, after calculating any distribution to the law enforcement | 3945 |
| trust fund of the prosecutor pursuant to division (B)(4) of this | 3946 |
| section, among the entities that the court determines were | 3947 |
| substantially involved in the seizure. | 3948 |
| (C)(1) A law enforcement trust fund shall be established by | 3949 |
| the prosecutor of each county who intends to receive any remaining | 3950 |
| amounts pursuant to this section, by the sheriff of each county, | 3951 |
| by the legislative authority of each municipal corporation, by the | 3952 |
| board of township trustees of each township that has a township | 3953 |
| police department, township or joint police district police force, | 3954 |
| or office of the constable, and by the board of park commissioners | 3955 |
| of each park district created pursuant to section 511.18 or | 3956 |
| 1545.01 of the Revised Code that has a park district police force | 3957 |
| or law enforcement department, for the purposes of this section. | 3958 |
| There is hereby created in the state treasury the state | 3959 |
| highway patrol contraband, forfeiture, and other fund, the | 3960 |
| department of public safety investigative unit contraband, | 3961 |
| forfeiture, and other fund, the medicaid fraud investigation and | 3962 |
| prosecution fund, the department of taxation enforcement fund, and | 3963 |
| the peace officer training commission fund, for the purposes of | 3964 |
| this section. | 3965 |
| Amounts distributed to any municipal corporation, township, | 3966 |
| or park district law enforcement trust fund shall be allocated | 3967 |
| from the fund by the legislative authority only to the police | 3968 |
| department of the municipal corporation, by the board of township | 3969 |
| trustees only to the township police department, township police | 3970 |
| district police force, or office of the constable, by the joint | 3971 |
| police district board only to the joint police district, and by | 3972 |
| the board of park commissioners only to the park district police | 3973 |
| force or law enforcement department. | 3974 |
| (2)(a) No amounts shall be allocated to a fund created under | 3975 |
| this section or used by an agency unless the agency has adopted a | 3976 |
| written internal control policy that addresses the use of moneys | 3977 |
| received from the appropriate fund. The appropriate fund shall be | 3978 |
| expended only in accordance with that policy and, subject to the | 3979 |
| requirements specified in this section, only for the following | 3980 |
| purposes: | 3981 |
| (i) To pay the costs of protracted or complex investigations | 3982 |
| or prosecutions; | 3983 |
| (ii) To provide reasonable technical training or expertise; | 3984 |
| (iii) To provide matching funds to obtain federal grants to | 3985 |
| aid law enforcement, in the support of DARE programs or other | 3986 |
| programs designed to educate adults or children with respect to | 3987 |
| the dangers associated with the use of drugs of abuse; | 3988 |
| (iv) To pay the costs of emergency action taken under section | 3989 |
| 3745.13 of the Revised Code relative to the operation of an | 3990 |
| illegal methamphetamine laboratory if the forfeited property or | 3991 |
| money involved was that of a person responsible for the operation | 3992 |
| of the laboratory; | 3993 |
| (v) For other law enforcement purposes that the | 3994 |
| superintendent of the state highway patrol, department of public | 3995 |
| safety, attorney general, prosecutor, county sheriff, legislative | 3996 |
| authority, department of taxation, Ohio casino control commission, | 3997 |
| board of township trustees, or board of park commissioners | 3998 |
| determines to be appropriate. | 3999 |
| (b) The board of pharmacy drug law enforcement fund shall be | 4000 |
| expended only in accordance with the written internal control | 4001 |
| policy so adopted by the board and only in accordance with section | 4002 |
| 4729.65 of the Revised Code, except that it also may be expended | 4003 |
| to pay the costs of emergency action taken under section 3745.13 | 4004 |
| of the Revised Code relative to the operation of an illegal | 4005 |
| methamphetamine laboratory if the forfeited property or money | 4006 |
| involved was that of a person responsible for the operation of the | 4007 |
| laboratory. | 4008 |
| (c) The state highway patrol contraband, forfeiture, and | 4009 |
| other fund, the department of public safety investigative unit | 4010 |
| contraband, forfeiture, and other fund, the department of taxation | 4011 |
| enforcement fund, the board of pharmacy drug law enforcement fund, | 4012 |
| the bureau of criminal identification and investigation asset | 4013 |
| forfeiture and cost reimbursement fund, the casino control | 4014 |
| commission enforcement fund, and a law enforcement trust fund | 4015 |
| shall not be used to meet the operating costs of the state highway | 4016 |
| patrol, of the investigative unit of the department of public | 4017 |
| safety, of the state board of pharmacy, of the office of the | 4018 |
| attorney general, of any political subdivision, of the Ohio casino | 4019 |
| control commission, or of any office of a prosecutor or county | 4020 |
| sheriff that are unrelated to law enforcement. | 4021 |
| (d) Forfeited moneys that are paid into the state treasury to | 4022 |
| be deposited into the peace officer training commission fund shall | 4023 |
| be used by the commission only to pay the costs of peace officer | 4024 |
| training. | 4025 |
| | 4026 |
| 4027 | |
| 4028 | |
| 4029 | |
| 4030 | |
| 4031 | |
| 4032 |
| | 4033 |
| 4034 |
| | 4035 |
| 4036 | |
| 4037 |
| | 4038 |
| 4039 | |
| 4040 |
| | 4041 |
| 4042 | |
| 4043 |
| | 4044 |
| 4045 |
| | 4046 |
| 4047 | |
| 4048 | |
| 4049 | |
| 4050 |
| | 4051 |
| 4052 | |
| 4053 | |
| 4054 | |
| 4055 | |
| 4056 |
| | 4057 |
| 4058 | |
| 4059 | |
| 4060 | |
| 4061 |
| (D) The written internal control policy of a county sheriff, | 4062 |
| prosecutor, municipal corporation police department, township | 4063 |
| police department, township or joint police district police force, | 4064 |
| office of the constable, or park district police force or law | 4065 |
| enforcement department shall provide that at least ten per cent of | 4066 |
| the first one hundred thousand dollars of amounts deposited during | 4067 |
| each calendar year in the agency's law enforcement trust fund | 4068 |
| under this section, and at least twenty per cent of the amounts | 4069 |
| exceeding one hundred thousand dollars that are so deposited, | 4070 |
| shall be used in connection with community preventive education | 4071 |
| programs. The manner of use shall be determined by the sheriff, | 4072 |
| prosecutor, department, police force, or office of the constable | 4073 |
| after receiving and considering advice on appropriate community | 4074 |
| preventive education programs from the county's board of alcohol, | 4075 |
| drug addiction, and mental health services, from the county's | 4076 |
| alcohol and drug addiction services board, or through appropriate | 4077 |
| community dialogue. | 4078 |
| The financial records kept under the internal control policy | 4079 |
| shall specify the amount deposited during each calendar year in | 4080 |
| the portion of that amount that was used pursuant to this | 4081 |
| division, and the programs in connection with which the portion of | 4082 |
| that amount was so used. | 4083 |
| As used in this division, "community preventive education | 4084 |
| programs" include, but are not limited to, DARE programs and other | 4085 |
| programs designed to educate adults or children with respect to | 4086 |
| the dangers associated with using drugs of abuse. | 4087 |
| (E) Upon the sale, under this section or section 2981.12 of | 4088 |
| the Revised Code, of any property that is required by law to be | 4089 |
| titled or registered, the state shall issue an appropriate | 4090 |
| certificate of title or registration to the purchaser. If the | 4091 |
| state is vested with title and elects to retain property that is | 4092 |
| required to be titled or registered under law, the state shall | 4093 |
| issue an appropriate certificate of title or registration. | 4094 |
| (F) Any failure of a law enforcement officer or agency, | 4095 |
| prosecutor, court, or the attorney general to comply with this | 4096 |
| section in relation to any property seized does not affect the | 4097 |
| validity of the seizure and shall not be considered to be the | 4098 |
| basis for suppressing any evidence resulting from the seizure, | 4099 |
| provided the seizure itself was lawful. | 4100 |
| Sec. 5302.221. (A) As used in this section | 4101 |
| | 4102 |
| 4103 |
| | 4104 |
| program instituted under section 5162.21 of the Revised Code. | 4105 |
| (B) The administrator of the medicaid estate recovery program | 4106 |
| shall prescribe a form on which a beneficiary of a transfer on | 4107 |
| death designation affidavit as provided in section 5302.22 of the | 4108 |
| Revised Code, who survives the deceased owner of the real property | 4109 |
| or an interest in the real property or that is in existence on the | 4110 |
| date of death of the deceased owner, or that beneficiary's | 4111 |
| representative is to indicate both of the following: | 4112 |
| (1) | 4113 |
|
owner | 4114 |
| (a) | 4115 |
|
medicaid | 4116 |
| (b) The | 4117 |
|
had never been a medicaid | 4118 |
| (c) The beneficiary or representative does not know whether | 4119 |
| the deceased owner had ever been a medicaid recipient. | 4120 |
| (2) | 4121 |
| 4122 | |
| 4123 | |
| owner died before the owner died, which of the following applies | 4124 |
| to the predeceased spouse: | 4125 |
| (a) The predeceased spouse had been a medicaid recipient. | 4126 |
| (b) The predeceased spouse had never been a medicaid | 4127 |
| recipient. | 4128 |
| (c) The beneficiary or representative does not know whether | 4129 |
| the predeceased spouse had ever been a medicaid recipient. | 4130 |
| (C) The administrator of the medicaid estate recovery program | 4131 |
| shall make the form prescribed under division (B) of this section | 4132 |
|
available to county recorders. A county recorder shall | 4133 |
| 4134 | |
| 4135 | |
| transfer on death designation affidavit or the beneficiary's | 4136 |
|
representative | 4137 |
| 4138 | |
| of the real property or interest in the real property under | 4139 |
| section 5302.222 of the Revised Code. A beneficiary or | 4140 |
| beneficiary's representative shall submit a copy of the properly | 4141 |
| completed form to the administrator of the medicaid estate | 4142 |
| recovery program if the beneficiary or representative indicates | 4143 |
| any of the following on the form: | 4144 |
| (1) That the deceased owner had been a medicaid recipient or | 4145 |
| that the beneficiary or representative does not know whether the | 4146 |
| deceased owner had ever been a medicaid recipient; | 4147 |
| (2) That the predeceased spouse of the deceased owner had | 4148 |
| been a medicaid recipient or that the beneficiary or | 4149 |
| representative does not know whether the predeceased spouse had | 4150 |
| ever been a medicaid recipient. | 4151 |
| Section 2. That existing sections 9.02, 109.08, 109.081, | 4152 |
| 109.521, 109.57, 109.572, 109.578, 109.60, 109.85, 109.86, | 4153 |
| 1331.01, 1331.04, 1331.99, 1345.02, 1345.03, 1345.031, 1345.05, | 4154 |
| 1345.06, 1345.07, 1345.21, 1345.22, 1345.23, 1345.24, 1345.43, | 4155 |
| 1345.44, 2151.419, 2743.191, 2743.56, 2743.71, 2746.02, 2901.01, | 4156 |
| 2923.02, 2923.31, 2923.32, 2953.32, 2981.13, and 5302.221 and | 4157 |
| section 1331.05 of the Revised Code are hereby repealed. | 4158 |
| Section 3. The General Assembly, applying the principle | 4159 |
| stated in division (B) of section 1.52 of the Revised Code that | 4160 |
| amendments are to be harmonized if reasonably capable of | 4161 |
| simultaneous operation, finds that the following sections, | 4162 |
| presented in this act as composites of the sections as amended by | 4163 |
| the acts indicated, are the resulting versions of the sections in | 4164 |
| effect prior to the effective date of the sections as presented in | 4165 |
| this act: | 4166 |
| Section 2923.02 of the Revised Code as amended by both Am. | 4167 |
| Sub. H.B. 461 and Am. Sub. S.B. 260 of the 126th General Assembly. | 4168 |
| Section 2923.31 of the Revised Code as amended by both Am. | 4169 |
| Sub. H.B. 386 and Am. Sub. H.B. 262 of the 129th General Assembly. | 4170 |