(6)(7) "Instrumentality" means property otherwise lawful to | 40 |
|
possess that is used in or intended to be used in an offense. An | 41 |
|
"instrumentality" may include, but is not limited to, a firearm, a | 42 |
|
mobile instrumentality, a computer, a computer network, a computer | 43 |
|
system, computer software, a telecommunications device, money, and | 44 |
|
any other means of exchange. | 45 |
(10)(11) "Offense" means any act or omission that could be | 55 |
|
charged as a criminal offense or a delinquent act, whether or not | 56 |
|
a formal criminal prosecution or delinquent child proceeding began | 57 |
|
at the time the forfeiture is initiated. Except as otherwise | 58 |
|
specified, an offense for which property may be forfeited includes | 59 |
|
any felony and any misdemeanor. The commission of an "offense" | 60 |
|
includes the commission of a delinquent act. | 61 |
| (b) In cases involving lawful goods or services that are sold | 68 |
|
or provided in an unlawful manner, "proceeds" means the amount of | 69 |
|
money or other means of exchange acquired through the illegal | 70 |
|
transactions resulting in the forfeiture, less the direct costs | 71 |
|
lawfully incurred in providing the goods or services. The lawful | 72 |
|
costs deduction does not include any part of the overhead expenses | 73 |
|
of, or income taxes paid by, the entity providing the goods or | 74 |
|
services. The alleged offender or delinquent child has the burden | 75 |
|
to prove that any costs are lawfully incurred. | 76 |
| (a) Except as otherwise provided in division (A)(2)(c) of | 109 |
|
this section, if the firearms and dangerous ordnance are suitable | 110 |
for sporting use or as museum pieces or collectors' items may be | 111 |
sold, the law enforcement agency either shall sell them at public | 112 |
auction pursuant to division (B) of this section. The agency may | 113 |
sell other firearms and dangerous ordnanceor shall sell them at | 114 |
|
public auction to a federally licensed firearms dealer in a manner | 115 |
that the court considers proper. The agency shall destroy any | 116 |
firearms or dangerous ordnance not given to a law enforcement | 117 |
agency or sold or shall send them to the bureau of criminal | 118 |
identification and investigation for destruction by the bureaumay | 119 |
|
sell the firearms and dangerous ordnance itself, or it may | 120 |
|
transfer them to the department of public safety for sale. Upon | 121 |
|
the transfer, the department shall sell the firearms and dangerous | 122 |
|
ordnance so transferred. | 123 |
| (b) Except as otherwise provided in division (A)(2)(c) of | 124 |
|
this section, if the firearms and dangerous ordnance are not | 125 |
|
suitable for sporting use or as museum pieces or collectors' | 126 |
|
items, the agency shall sell them at public auction to a federally | 127 |
|
licensed firearms dealer in a manner that the court considers | 128 |
|
proper. The agency may sell the firearms and dangerous ordnance | 129 |
|
itself, or it may transfer them to the department of public safety | 130 |
|
for sale. Upon the transfer, the department shall sell the | 131 |
|
firearms and dangerous ordnance so transferred. | 132 |
| (c) The law enforcement agency and the department of public | 133 |
|
safety may sell a firearm or dangerous ordnance pursuant to | 134 |
|
division (A)(2)(a) or (b) of this section only to a person who may | 135 |
|
legally possess the firearm or dangerous ordnance under the law of | 136 |
|
this state and the law of the United States. A law enforcement | 137 |
|
agency and the department of public safety shall transfer all | 138 |
|
firearms and dangerous ordnances that may not be legally possessed | 139 |
|
by any person under the law of this state or the law of the United | 140 |
|
States to the bureau of alcohol, tobacco, firearms, and explosives | 141 |
|
of the United States department of justice. | 142 |
| (4) Beer, intoxicating liquor, or alcohol seized from a | 144 |
|
person who does not hold a permit issued under Chapters 4301. and | 145 |
|
4303. of the Revised Code or otherwise forfeited to the state for | 146 |
|
an offense under section 4301.45 or 4301.53 of the Revised Code | 147 |
|
shall be sold by the division of liquor control if the division | 148 |
|
determines that it is fit for sale or shall be placed in the | 149 |
|
custody of the investigations unit in the department of public | 150 |
|
safety and be used for training relating to law enforcement | 151 |
|
activities. The department, with the assistance of the division of | 152 |
|
liquor control, shall adopt rules in accordance with Chapter 119. | 153 |
|
of the Revised Code to provide for the distribution to state or | 154 |
|
local law enforcement agencies upon their request. If any tax | 155 |
|
imposed under Title XLIII of the Revised Code has not been paid in | 156 |
|
relation to the beer, intoxicating liquor, or alcohol, any moneys | 157 |
|
acquired from the sale shall first be used to pay the tax. All | 158 |
|
other money collected under this division shall be paid into the | 159 |
|
state treasury. Any beer, intoxicating liquor, or alcohol that the | 160 |
|
division determines to be unfit for sale shall be destroyed. | 161 |
| (b) Vehicles and vehicle parts forfeited under sections | 173 |
|
4549.61 to 4549.63 of the Revised Code may be given to a law | 174 |
|
enforcement agency for use in performing its duties. Those parts | 175 |
|
may be incorporated into any other official vehicle. Parts that do | 176 |
|
not bear vehicle identification numbers or derivatives of them may | 177 |
|
be sold or disposed of as provided by rules of the director of | 178 |
|
public safety. Parts from which a vehicle identification number or | 179 |
|
derivative of it has been removed, defaced, covered, altered, or | 180 |
|
destroyed and that are not suitable for police work or | 181 |
|
incorporation into an official vehicle shall be destroyed and sold | 182 |
|
as junk or scrap. | 183 |
| (B) Unclaimed or forfeited property that is not described in | 192 |
|
division (A) of this section or division (A)(2) of section 2981.11 | 193 |
|
of the Revised Code, with court approval, may be used by the law | 194 |
|
enforcement agency in possession of it. If it is not used by the | 195 |
|
agency, it may be sold without appraisal at a public auction to | 196 |
|
the highest bidder for cash or disposed of in another manner that | 197 |
|
the court considers proper. | 198 |
| (C) Except as provided in divisions (A) and (F) of this | 199 |
|
section and after compliance with division (D) of this section | 200 |
|
when applicable, any moneys acquired from the sale of property | 201 |
|
disposed of pursuant to this section shall be placed in the | 202 |
|
general revenue fund of the state, or the general fund of the | 203 |
|
county, the township, or the municipal corporation of which the | 204 |
|
law enforcement agency involved is an agency. | 205 |
| (D) If the property was in the possession of the law | 206 |
|
enforcement agency in relation to a delinquent child proceeding in | 207 |
|
a juvenile court, ten per cent of any moneys acquired from the | 208 |
|
sale of property disposed of under this section shall be applied | 209 |
|
to one or more alcohol and drug addiction treatment programs that | 210 |
|
are certified by the department of alcohol and drug addiction | 211 |
|
services under section 3793.06 of the Revised Code. A juvenile | 212 |
|
court shall not specify a program, except as provided in this | 213 |
|
division, unless the program is in the same county as the court or | 214 |
|
in a contiguous county. If no certified program is located in any | 215 |
|
of those counties, the juvenile court may specify a certified | 216 |
|
program anywhere in Ohio. The remaining ninety per cent of the | 217 |
|
proceeds or cash shall be applied as provided in division (C) of | 218 |
|
this section. | 219 |
| Each treatment program that receives in any calendar year | 220 |
|
forfeited money under this division shall file an annual report | 221 |
|
for that year with the attorney general and with the court of | 222 |
|
common pleas and board of county commissioners of the county in | 223 |
|
which the program is located and of any other county from which | 224 |
|
the program received forfeited money. The program shall file the | 225 |
|
report on or before the first day of March in the calendar year | 226 |
|
following the calendar year in which the program received the | 227 |
|
money. The report shall include statistics on the number of | 228 |
|
persons the program served, identify the types of treatment | 229 |
|
services it provided to them, and include a specific accounting of | 230 |
|
the purposes for which it used the money so received. No | 231 |
|
information contained in the report shall identify, or enable a | 232 |
|
person to determine the identity of, any person served by the | 233 |
|
program. | 234 |
| (E) Each certified alcohol and drug addiction treatment | 235 |
|
program that receives in any calendar year money under this | 236 |
|
section or under section 2981.13 of the Revised Code as the result | 237 |
|
of a juvenile forfeiture order shall file an annual report for | 238 |
|
that calendar year with the attorney general and with the court of | 239 |
|
common pleas and board of county commissioners of the county in | 240 |
|
which the program is located and of any other county from which | 241 |
|
the program received the money. The program shall file the report | 242 |
|
on or before the first day of March in the calendar year following | 243 |
|
the year in which the program received the money. The report shall | 244 |
|
include statistics on the number of persons served with the money, | 245 |
|
identify the types of treatment services provided, and | 246 |
|
specifically account for how the money was used. No information in | 247 |
|
the report shall identify or enable a person to determine the | 248 |
|
identity of anyone served by the program. | 249 |
| (F) Each board of county commissioners that recognizes a | 257 |
|
citizens' reward program under section 9.92 of the Revised Code | 258 |
|
shall notify each law enforcement agency of that county and of a | 259 |
|
township or municipal corporation wholly located in that county of | 260 |
|
the recognition by filing a copy of its resolution conferring that | 261 |
|
recognition with each of those agencies. When the board recognizes | 262 |
|
a citizens' reward program and the county includes a part, but not | 263 |
|
all, of the territory of a municipal corporation, the board shall | 264 |
|
so notify the law enforcement agency of that municipal corporation | 265 |
|
of the recognition of the citizens' reward program only if the | 266 |
|
county contains the highest percentage of the municipal | 267 |
|
corporation's population. | 268 |
| Upon being so notified, each law enforcement agency shall pay | 269 |
|
twenty-five per cent of any forfeited proceeds or cash derived | 270 |
|
from each sale of property disposed of pursuant to this section to | 271 |
|
the citizens' reward program for use exclusively to pay rewards. | 272 |
|
No part of the funds may be used to pay expenses associated with | 273 |
|
the program. If a citizens' reward program that operates in more | 274 |
|
than one county or in another state in addition to this state | 275 |
|
receives funds under this section, the funds shall be used to pay | 276 |
|
rewards only for tips and information to law enforcement agencies | 277 |
|
concerning offenses committed in the county from which the funds | 278 |
|
were received. | 279 |
| (H) Any moneys acquired from the sale of personal effects, | 288 |
|
tools, or other property seized because the personal effects, | 289 |
|
tools, or other property were used in the commission of a | 290 |
|
violation of section 2905.32, 2907.21, or 2907.22 of the Revised | 291 |
|
Code or derived from the proceeds of the commission of a violation | 292 |
|
of section 2905.32, 2907.21, or 2907.22 of the Revised Code and | 293 |
|
disposed of pursuant to this section shall be placed in the | 294 |
|
victims of human trafficking fund created by section 5101.87 of | 295 |
|
the Revised Code. | 296 |
| Sec. 2981.13. (A) Except as otherwise provided in this | 297 |
|
section, property ordered forfeited as contraband, proceeds, or an | 298 |
|
instrumentality pursuant to this chapter shall be disposed of, | 299 |
|
used, or sold pursuant to section 2981.12 of the Revised Code. If | 300 |
|
the property is to be sold under that section, the prosecutor | 301 |
|
shall cause notice of the proposed sale to be given in accordance | 302 |
|
with law. | 303 |
| (b) If the forfeiture was ordered in a juvenile court, ninety | 322 |
|
per cent, and if the forfeiture was ordered in a court other than | 323 |
|
a juvenile court, one hundred per cent to the law enforcement | 324 |
|
trust fund of the prosecutor and, except as otherwise specified in | 325 |
|
this division, to the following fund supporting the law | 326 |
|
enforcement agency that substantially conducted the investigation: | 327 |
|
the law enforcement trust fund of the county sheriff, municipal | 328 |
|
corporation, township, or park district created under section | 329 |
|
511.18 or 1545.01 of the Revised Code; the state highway patrol | 330 |
|
contraband, forfeiture, and other fund; the department of public | 331 |
|
safety investigative unit contraband, forfeiture, and other fund; | 332 |
|
the department of taxation enforcement fund; the board of pharmacy | 333 |
|
drug law enforcement fund created by division (B)(1) of section | 334 |
|
4729.65 of the Revised Code; the medicaid fraud investigation and | 335 |
|
prosecution fund; or the treasurer of state for deposit into the | 336 |
|
peace officer training commission fund if any other state law | 337 |
|
enforcement agency substantially conducted the investigation. In | 338 |
|
the case of property forfeited for medicaid fraud, any remaining | 339 |
|
amount shall be used by the attorney general to investigate and | 340 |
|
prosecute medicaid fraud offenses.
If the property sold was a | 341 |
|
firearm or dangerous ordnance, if the department of public safety | 342 |
|
sold the firearm or dangerous ordnance, and if a law enforcement | 343 |
|
agency had transferred the firearm or dangerous ordnance to the | 344 |
|
department of public safety pursuant to division (A)(2) of section | 345 |
|
2981.12 of the Revised Code so that the department could sell the | 346 |
|
firearm or dangerous ordnance, the share of the moneys that | 347 |
|
otherwise would be applied to the fund of that law enforcement | 348 |
|
agency under this division instead shall be applied to the | 349 |
|
department of public safety investigative unit contraband, | 350 |
|
forfeiture, and other fund. | 351 |
| (c) If more than one law enforcement agency is substantially | 355 |
|
involved in the seizure of property forfeited under this chapter, | 356 |
|
the court ordering the forfeiture shall equitably divide the | 357 |
|
amounts, after calculating any distribution to the law enforcement | 358 |
|
trust fund of the prosecutor pursuant to division (B)(4) of this | 359 |
|
section, among the entities that the court determines were | 360 |
|
substantially involved in the seizure. | 361 |
| (C)(1) A law enforcement trust fund shall be established by | 362 |
|
the prosecutor of each county who intends to receive any remaining | 363 |
|
amounts pursuant to this section, by the sheriff of each county, | 364 |
|
by the legislative authority of each municipal corporation, by the | 365 |
|
board of township trustees of each township that has a township | 366 |
|
police department, township or joint police district police force, | 367 |
|
or office of the constable, and by the board of park commissioners | 368 |
|
of each park district created pursuant to section 511.18 or | 369 |
|
1545.01 of the Revised Code that has a park district police force | 370 |
|
or law enforcement department, for the purposes of this section. | 371 |
| There is hereby created in the state treasury the state | 372 |
|
highway patrol contraband, forfeiture, and other fund, the | 373 |
|
department of public safety investigative unit contraband, | 374 |
|
forfeiture, and other fund, the medicaid fraud investigation and | 375 |
|
prosecution fund, the department of taxation enforcement fund, and | 376 |
|
the peace officer training commission fund, for the purposes of | 377 |
|
this section. | 378 |
| Amounts distributed to any municipal corporation, township, | 379 |
|
or park district law enforcement trust fund shall be allocated | 380 |
|
from the fund by the legislative authority only to the police | 381 |
|
department of the municipal corporation, by the board of township | 382 |
|
trustees only to the township police department, township police | 383 |
|
district police force, or office of the constable, by the joint | 384 |
|
police district board only to the joint police district, and by | 385 |
|
the board of park commissioners only to the park district police | 386 |
|
force or law enforcement department. | 387 |
| (b) The board of pharmacy drug law enforcement fund shall be | 412 |
|
expended only in accordance with the written internal control | 413 |
|
policy so adopted by the board and only in accordance with section | 414 |
|
4729.65 of the Revised Code, except that it also may be expended | 415 |
|
to pay the costs of emergency action taken under section 3745.13 | 416 |
|
of the Revised Code relative to the operation of an illegal | 417 |
|
methamphetamine laboratory if the forfeited property or money | 418 |
|
involved was that of a person responsible for the operation of the | 419 |
|
laboratory. | 420 |
| (c) The state highway patrol contraband, forfeiture, and | 421 |
|
other fund, the department of public safety investigative unit | 422 |
|
contraband, forfeiture, and other fund, the department of taxation | 423 |
|
enforcement fund, the board of pharmacy drug law enforcement fund, | 424 |
|
and a law enforcement trust fund shall not be used to meet the | 425 |
|
operating costs of the state highway patrol, of the investigative | 426 |
|
unit of the department of public safety, of the state board of | 427 |
|
pharmacy, of any political subdivision, or of any office of a | 428 |
|
prosecutor or county sheriff that are unrelated to law | 429 |
|
enforcement. | 430 |
| (3) Any of the following offices or agencies that receive | 435 |
|
amounts under this section during any calendar year shall file a | 436 |
|
report with the specified entity, not later than the thirty-first | 437 |
|
day of January of the next calendar year, verifying that the | 438 |
|
moneys were expended only for the purposes authorized by this | 439 |
|
section or other relevant statute and specifying the amounts | 440 |
|
expended for each authorized purpose: | 441 |
| (D) The written internal control policy of a county sheriff, | 466 |
|
prosecutor, municipal corporation police department, township | 467 |
|
police department, township or joint police district police force, | 468 |
|
office of the constable, or park district police force or law | 469 |
|
enforcement department shall provide that at least ten per cent of | 470 |
|
the first one hundred thousand dollars of amounts deposited during | 471 |
|
each calendar year in the agency's law enforcement trust fund | 472 |
|
under this section, and at least twenty per cent of the amounts | 473 |
|
exceeding one hundred thousand dollars that are so deposited, | 474 |
|
shall be used in connection with community preventive education | 475 |
|
programs. The manner of use shall be determined by the sheriff, | 476 |
|
prosecutor, department, police force, or office of the constable | 477 |
|
after receiving and considering advice on appropriate community | 478 |
|
preventive education programs from the county's board of alcohol, | 479 |
|
drug addiction, and mental health services, from the county's | 480 |
|
alcohol and drug addiction services board, or through appropriate | 481 |
|
community dialogue. | 482 |
| (E) Upon the sale, under this section or section 2981.12 of | 492 |
|
the Revised Code, of any property that is required by law to be | 493 |
|
titled or registered, the state shall issue an appropriate | 494 |
|
certificate of title or registration to the purchaser. If the | 495 |
|
state is vested with title and elects to retain property that is | 496 |
|
required to be titled or registered under law, the state shall | 497 |
|
issue an appropriate certificate of title or registration. | 498 |