| (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 |