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OH HB347

Bill

Status

Enrolled

12/8/2016

Primary Sponsor

Robert McColley

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Origin

House of Representatives

131st General Assembly (2015-2016)

AI Summary

  • 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.

  • 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.

  • Modifies criminal forfeiture procedures to require preponderance of clear and convincing evidence standard and adds proportionality review for instrumentality forfeitures under Section 2981.09.

  • Strengthens third-party protections by revising procedures for claiming lawful interest in forfeited property, including filing affidavits and petitions within 30-day windows.

  • 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

Committee Referrals

Government Oversight and Reform9/28/2016
Judiciary10/1/2015

Full Bill Text

No bill text available