As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 210


Representative Becker 

Cosponsors: Representatives Lynch, Thompson, Hood, Retherford, Maag, Blessing, Brenner 



A BILL
To amend sections 2981.01, 2981.12, and 2981.13 of 1
the Revised Code to require the sale to a 2
federally licensed firearms dealer of all 3
unclaimed or forfeited firearms and dangerous 4
ordnance in the possession of a law enforcement 5
agency that are legal for persons to possess, that 6
are not used by an agency for police work, and 7
that are not otherwise sold for sporting use or as 8
a museum piece or collectors' item.9


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 2981.01, 2981.12, and 2981.13 of 10
the Revised Code be amended to read as follows:11

       Sec. 2981.01. (A) Forfeitures under this chapter shall be 12
governed by all of the following purposes:13

       (1) To provide economic disincentives and remedies to deter 14
and offset the economic effect of offenses by seizing and 15
forfeiting contraband, proceeds, and certain instrumentalities;16

       (2) To ensure that seizures and forfeitures of 17
instrumentalities are proportionate to the offense committed;18

       (3) To protect third parties from wrongful forfeiture of 19
their property;20

       (4) To prioritize restitution for victims of offenses.21

       (B) As used in this chapter:22

       (1) "Aircraft" has the same meaning as in section 4561.01 of 23
the Revised Code.24

       (2) "Computers," "computer networks," "computer systems," 25
"computer software," and "telecommunications device" have the same 26
meanings as in section 2913.01 of the Revised Code.27

       (3) "Federally licensed firearms dealer" has the same meaning 28
as in section 5502.63 of the Revised Code.29

       (4) "Financial institution" means a bank, credit union, 30
savings and loan association, or a licensee or registrant under 31
Chapter 1321. of the Revised Code.32

       (4)(5) "Firearm" and "dangerous ordnance" have the same 33
meanings as in section 2923.11 of the Revised Code.34

       (5)(6) "Innocent person" includes any bona fide purchaser of 35
property that is subject to forfeiture, including any person who 36
establishes a valid claim to or interest in the property in 37
accordance with section 2923.04 of the Revised Code, and any 38
victim of an alleged offense.39

       (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

       (7)(8) "Law enforcement agency" includes, but is not limited 46
to, the state board of pharmacy, the enforcement division of the 47
department of taxation, and the office of the prosecutor.48

       (8)(9) "Mobile instrumentality" means an instrumentality that 49
is inherently mobile and used in the routine transport of persons. 50
"Mobile instrumentality" includes, but is not limited to, any 51
vehicle, any watercraft, and any aircraft.52

       (9)(10) "Money" has the same meaning as in section 1301.201 53
of the Revised Code.54

       (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

       (11)(12) "Proceeds" means both of the following:62

       (a) In cases involving unlawful goods, services, or 63
activities, "proceeds" means any property derived directly or 64
indirectly from an offense. "Proceeds" may include, but is not 65
limited to, money or any other means of exchange. "Proceeds" is 66
not limited to the net gain or profit realized from the offense.67

       (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

       (12)(13) "Property" means "property" as defined in section 77
2901.01 of the Revised Code and any benefit, privilege, claim, 78
position, interest in an enterprise, or right derived, directly or 79
indirectly, from the offense.80

       (13)(14) "Property subject to forfeiture" includes contraband 81
and proceeds and may include instrumentalities as provided in this 82
chapter.83

       (14)(15) "Prosecutor" has the same meaning as in section 84
2935.01 of the Revised Code. When relevant, "prosecutor" also 85
includes the attorney general.86

       (15)(16) "Vehicle" has the same meaning as in section 4501.01 87
of the Revised Code.88

       (16)(17) "Watercraft" has the same meaning as in section 89
1547.01 of the Revised Code.90

       (C) The penalties and procedures under Chapters 2923., 2925., 91
and 2933. of the Revised Code remain in effect to the extent that 92
they do not conflict with this chapter.93

       Sec. 2981.12. (A) Unclaimed or forfeited property in the 94
custody of a law enforcement agency, other than property described 95
in division (A)(2) of section 2981.11 of the Revised Code, shall 96
be disposed of by order of any court of record that has 97
territorial jurisdiction over the political subdivision that 98
employs the law enforcement agency, as follows:99

       (1) Drugs shall be disposed of pursuant to section 3719.11 of 100
the Revised Code or placed in the custody of the secretary of the 101
treasury of the United States for disposal or use for medical or 102
scientific purposes under applicable federal law.103

       (2) Firearms and dangerous ordnance suitable for police work 104
may be given to a law enforcement agency for that purpose. 105
Firearms and dangerous ordnance that are not given to a law 106
enforcement agency for police work shall be disposed of as 107
follows:108

       (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

       (3) Obscene materials shall be destroyed.143

       (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

       (5) Money received by an inmate of a correctional institution 162
from an unauthorized source or in an unauthorized manner shall be 163
returned to the sender, if known, or deposited in the inmates' 164
industrial and entertainment fund of the institution if the sender 165
is not known.166

       (6)(a) Any mobile instrumentality forfeited under this 167
chapter may be given to the law enforcement agency that initially 168
seized the mobile instrumentality for use in performing its 169
duties, if the agency wants the mobile instrumentality. The agency 170
shall take the mobile instrumentality subject to any security 171
interest or lien on the mobile instrumentality.172

       (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

       (7) Computers, computer networks, computer systems, and 184
computer software suitable for police work may be given to a law 185
enforcement agency for that purpose or disposed of under division 186
(B) of this section.187

       (8) Money seized in connection with a violation of section 188
2905.32, 2907.21, or 2907.22 of the Revised Code shall be 189
deposited in the victims of human trafficking fund created by 190
section 5101.87 of the Revised Code.191

       (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

       As used in this division, "juvenile-related forfeiture order" 250
means any forfeiture order issued by a juvenile court under 251
section 2981.04 or 2981.05 of the Revised Code and any disposal of 252
property ordered by a court under section 2981.11 of the Revised 253
Code regarding property that was in the possession of a law 254
enforcement agency in relation to a delinquent child proceeding in 255
a juvenile court.256

       (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

       Receiving funds under this section or section 2981.11 of the 280
Revised Code does not make the citizens' reward program a 281
governmental unit or public office for purposes of section 149.43 282
of the Revised Code.283

       (G) Any property forfeited under this chapter shall not be 284
used to pay any fine imposed upon a person who is convicted of or 285
pleads guilty to an underlying criminal offense or a different 286
offense arising out of the same facts and circumstances.287

       (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 contraband or instrumentality forfeited under this 304
chapter is sold, any moneys acquired from a sale and any proceeds 305
forfeited under this chapter shall be applied in the following 306
order:307

       (1) First, to pay costs incurred in the seizure, storage, 308
maintenance, security, and sale of the property and in the 309
forfeiture proceeding;310

       (2) Second, in a criminal forfeiture case, to satisfy any 311
restitution ordered to the victim of the offense or, in a civil 312
forfeiture case, to satisfy any recovery ordered for the person 313
harmed, unless paid from other assets;314

       (3) Third, to pay the balance due on any security interest 315
preserved under this chapter;316

       (4) Fourth, apply the remaining amounts as follows: 317

       (a) If the forfeiture was ordered by a juvenile court, ten 318
per cent to one or more certified alcohol and drug addiction 319
treatment programs as provided in division (D) of section 2981.12 320
of the Revised Code;321

       (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

       If the prosecutor declines to accept any of the remaining 352
amounts, the amounts shall be applied to the fund of the agency 353
that substantially conducted the investigation.354

       (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

       (2)(a) No amounts shall be allocated to a fund created under 388
this section or used by an agency unless the agency has adopted a 389
written internal control policy that addresses the use of moneys 390
received from the appropriate fund. The appropriate fund shall be 391
expended only in accordance with that policy and, subject to the 392
requirements specified in this section, only for the following 393
purposes:394

       (i) To pay the costs of protracted or complex investigations 395
or prosecutions;396

       (ii) To provide reasonable technical training or expertise;397

       (iii) To provide matching funds to obtain federal grants to 398
aid law enforcement, in the support of DARE programs or other 399
programs designed to educate adults or children with respect to 400
the dangers associated with the use of drugs of abuse;401

       (iv) To pay the costs of emergency action taken under section 402
3745.13 of the Revised Code relative to the operation of an 403
illegal methamphetamine laboratory if the forfeited property or 404
money involved was that of a person responsible for the operation 405
of the laboratory;406

       (v) For other law enforcement purposes that the 407
superintendent of the state highway patrol, department of public 408
safety, prosecutor, county sheriff, legislative authority, 409
department of taxation, board of township trustees, or board of 410
park commissioners determines to be appropriate.411

       (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

       (d) Forfeited moneys that are paid into the state treasury to 431
be deposited into the peace officer training commission fund shall 432
be used by the commission only to pay the costs of peace officer 433
training.434

       (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

       (a) Any sheriff or prosecutor shall file the report with the 442
county auditor.443

       (b) Any municipal corporation police department shall file 444
the report with the legislative authority of the municipal 445
corporation.446

       (c) Any township police department, township or joint police 447
district police force, or office of the constable shall file the 448
report with the board of township trustees of the township.449

       (d) Any park district police force or law enforcement 450
department shall file the report with the board of park 451
commissioners of the park district.452

       (e) The superintendent of the state highway patrol and the 453
tax commissioner shall file the report with the attorney general.454

       (f) The executive director of the state board of pharmacy 455
shall file the report with the attorney general, verifying that 456
cash and forfeited proceeds paid into the board of pharmacy drug 457
law enforcement fund were used only in accordance with section 458
4729.65 of the Revised Code.459

       (g) The peace officer training commission shall file a report 460
with the attorney general, verifying that cash and forfeited 461
proceeds paid into the peace officer training commission fund 462
pursuant to this section during the prior calendar year were used 463
by the commission during the prior calendar year only to pay the 464
costs of peace officer training.465

       (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

       The financial records kept under the internal control policy 483
shall specify the amount deposited during each calendar year in 484
the portion of that amount that was used pursuant to this 485
division, and the programs in connection with which the portion of 486
that amount was so used.487

       As used in this division, "community preventive education 488
programs" include, but are not limited to, DARE programs and other 489
programs designed to educate adults or children with respect to 490
the dangers associated with using drugs of abuse.491

       (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

       (F) Any failure of a law enforcement officer or agency, 499
prosecutor, court, or the attorney general to comply with this 500
section in relation to any property seized does not affect the 501
validity of the seizure and shall not be considered to be the 502
basis for suppressing any evidence resulting from the seizure, 503
provided the seizure itself was lawful.504

       Section 2.  That existing sections 2981.01, 2981.12, and 505
2981.13 of the Revised Code are hereby repealed.506