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OH HB347
Bill
Status
12/8/2016
Primary Sponsor
Robert McColley
Click for details
AI Summary
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Establishes new criminal offense of receiving proceeds from crimes subject to forfeiture (Section 2927.21), with penalties ranging from first-degree misdemeanor to third-degree felony based on amount exceeding $1,000.
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Permits state to file civil forfeiture actions against persons who receive, retain, or possess criminal proceeds exceeding $15,000, with burden of proof by clear and convincing evidence.
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Modifies criminal forfeiture procedures to require preponderance of clear and convincing evidence standard and adds proportionality review for instrumentality forfeitures under Section 2981.09.
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Strengthens third-party protections by revising procedures for claiming lawful interest in forfeited property, including filing affidavits and petitions within 30-day windows.
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Changes writ of execution procedures (Sections 2329.84-2329.86) to require judge determinations instead of jury trials and shifts burden of proof regarding seized property claims.
Legislative Description
Modifies civil and criminal asset forfeitures
Crimes, Corrections, and Law Enforcement : Crime and Punishment
Last Action
Passed
12/8/2016