As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 515

Representative McGregor 

Cosponsors: Representatives Duffey, Phillips, DeVitis 

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A BILL

To amend sections 901.51, 901.99, 1503.29, 1503.99,

1

2913.02, and 2913.61; to amend, for the purpose of

2

adopting a new section number as indicated in

3

parentheses, section 901.51 (1503.28); and to

4

enact sections 1503.311, 1503.312, 1503.313,

5

1503.314, 1503.315, 1503.316, 1503.317, and

6

1503.318 of the Revised Code to establish

7

requirements governing contracts for the

8

harvesting of timber and enforcement procedures

9

regarding and penalties for the theft of timber.

10

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

Section 1.  That sections 901.51, 901.99, 1503.29, 1503.99,	11
2913.02, and 2913.61 be amended, section 901.51 (1503.28) be	12
amended for the purpose of adopting a new section number as	13
indicated in parentheses, and sections 1503.311, 1503.312,	14
1503.313, 1503.314, 1503.315, 1503.316, 1503.317, and 1503.318 of	15
the Revised Code be enacted to read as follows:	16

Sec. 901.99.  (A) Whoever violates section 901.51 of the	17
Revised Code is guilty of a misdemeanor of the fourth degree.	18

(B) Whoever violates section 901.75 or division (C) of	19
section 901.73 of the Revised Code is guilty of a misdemeanor of	20
the first degree.	21

(C)(B) Whoever violates division (A) of section 901.76 of the	22
Revised Code is guilty of a felony of the fifth degree on a first	23
offense and of a felony of the fourth degree on each subsequent	24
offense.	25

(D)(C) Whoever violates division (B) of section 901.76 of the	26
Revised Code is guilty of a felony of the fourth degree.	27

(E)(D) Whoever violates division (B) of section 901.511 of	28
the Revised Code is guilty on a first offense of a misdemeanor or	29
a felony that is one degree higher than the penalty for the most	30
serious underlying specified offense that is involved in the	31
violation. However, if on such an initial violation the penalty	32
for the most serious underlying specified offense is a felony of	33
the first degree, the violator is guilty of a felony of the first	34
degree.	35

On each subsequent violation of division (B) of that section,	36
the violator is guilty of a misdemeanor or a felony that is two	37
degrees higher than the penalty for the most serious underlying	38
specified offense that is involved in the subsequent violation.	39
However, if on such a subsequent violation the penalty for the	40
most serious underlying specified offense is a felony of the first	41
or second degree, the violator is guilty of a felony of the first	42
degree.	43

As used in this division, "specified offense" has the same	44
meaning as in section 901.511 of the Revised Code, and "most	45
serious underlying specified offense" refers to the underlying	46
specified offense that carries the highest maximum penalty.	47

(F)(E) Whoever violates division (C) of section 901.511 of	48
the Revised Code is guilty of a felony of the third degree.	49

Sec. 901.51.        Sec. 1503.28. (A) No person, without privilege to do	50
so, shall recklessly cut down, destroy, girdle, or otherwise	51
injure a vine, bush, shrub, sapling, tree, or crop standing or	52
growing on the land of another or upon public land.	53

In addition to the penalty provided in section 901.99 of the	54
Revised Code, whoever(B) Whoever violates this section is liable	55
in treble damages for the injury caused. Damages may include	56
reasonable costs of reforestation activities related to the injury	57
sustained by the plaintiff, reasonable costs of remediating	58
incidental damages to the plaintiff's property, and costs of	59
litigation, including, but not limited to, investigation costs and	60
attorney fees. If the injury involves damage to timber, the value	61
of the timber shall be determined as provided in division (D) of	62
section 2913.61 of the Revised Code.	63

Sec. 1503.29.  (A) As used in this section, "felony" has the	64
same meaning as in section 109.511 of the Revised Code.	65

(B)(1) Subject to division (D) of this section, any person	66
employed by the chief of the division of forestry for	67
administrative service in a state forest may be designated by the	68
chief and known as a forest officer. A forest officer, on any	69
lands or waters owned, controlled, maintained, or administered by	70
the department of natural resources and on highways, as defined in	71
section 4511.01 of the Revised Code, adjacent to lands and waters	72
owned, controlled, maintained, or administered by the division of	73
forestry, has the authority specified under section 2935.03 of the	74
Revised Code for peace officers of the department of natural	75
resources to keep the peace, to enforce all laws and rules	76
governing those lands and waters, and to make arrests for	77
violation of those laws and rules, provided that the authority	78
shall be exercised on lands or waters administered by another	79
division of the department only pursuant to an agreement with the	80
chief of that division or to a request for assistance by an	81
enforcement officer of that division in an emergency.	82

(2) A forest officer, in or along any watercourse within,	83
abutting, or upstream from the boundary of any area administered	84
by the department, has the authority to enforce section 3767.32 of	85
the Revised Code and other laws prohibiting the dumping of refuse	86
into or along waters and to make arrests for violation of those	87
laws. The jurisdiction of forest officers shall be concurrent with	88
that of the peace officers of the county, township, or municipal	89
corporation in which the violation occurs.	90

(3) A forest officer may enter upon private and public lands	91
to investigate an alleged violation of, and may enforce, this	92
chapter and; sections 2909.02, 2909.03, and 2909.06 of the Revised	93
Code when the alleged violation or other act pertains to forest	94
fires; and section 2913.02 of the Revised Code when the alleged	95
violation pertains to timber theft.	96

(C)(1) A forest officer may render assistance to a state or	97
local law enforcement officer at the request of that officer or	98
may render assistance to a state or local law enforcement officer	99
in the event of an emergency. Forest officers serving outside the	100
division of forestry under this section or serving under the terms	101
of a mutual aid compact authorized under section 1501.02 of the	102
Revised Code shall be considered as performing services within	103
their regular employment for the purposes of compensation, pension	104
or indemnity fund rights, workers' compensation, and other rights	105
or benefits to which they may be entitled as incidents of their	106
regular employment.	107

(2) Forest officers serving outside the division of forestry	108
under this section or under a mutual aid compact retain personal	109
immunity from civil liability as specified in section 9.86 of the	110
Revised Code and shall not be considered an employee of a	111
political subdivision for purposes of Chapter 2744. of the Revised	112
Code. A political subdivision that uses forest officers under this	113
section or under the terms of a mutual aid compact authorized	114
under section 1501.02 of the Revised Code is not subject to civil	115
liability under Chapter 2744. of the Revised Code as the result of	116
any action or omission of any forest officer acting under this	117
section or under a mutual aid compact.	118

(D)(1) The chief of the division of forestry shall not	119
designate a person as a forest officer pursuant to division (B)(1)	120
of this section on a permanent basis, on a temporary basis, for a	121
probationary term, or on other than a permanent basis if the	122
person previously has been convicted of or has pleaded guilty to a	123
felony.	124

(2)(a) The chief of the division of forestry shall terminate	125
the employment as a forest officer of a person designated as a	126
forest officer under division (B)(1) of this section if that	127
person does either of the following:	128

(i) Pleads guilty to a felony;

129

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	130
plea agreement as provided in division (D) of section 2929.43 of	131
the Revised Code in which the forest officer agrees to surrender	132
the certificate awarded to the forest officer under section 109.77	133
of the Revised Code.	134

(b) The chief shall suspend from employment as a forest	135
officer a person designated as a forest officer under division	136
(B)(1) of this section if that person is convicted, after trial,	137
of a felony. If the forest officer files an appeal from that	138
conviction and the conviction is upheld by the highest court to	139
which the appeal is taken or if the forest officer does not file a	140
timely appeal, the chief shall terminate the employment of that	141
forest officer. If the forest officer files an appeal that results	142
in that forest officer's acquittal of the felony or conviction of	143
a misdemeanor, or in the dismissal of the felony charge against	144
the forest officer, the chief shall reinstate that forest officer.	145
A forest officer who is reinstated under division (D)(2)(b) of	146
this section shall not receive any back pay unless that forest	147
officer's conviction of the felony was reversed on appeal, or the	148
felony charge was dismissed, because the court found insufficient	149
evidence to convict the forest officer of the felony.	150

(3) Division (D) of this section does not apply regarding an	151
offense that was committed prior to January 1, 1997.	152

(4) The suspension from employment, or the termination of the	153
employment, of a forest officer under division (D)(2) of this	154
section shall be in accordance with Chapter 119. of the Revised	155
Code.	156

Sec. 1503.311.  As used in sections 1503.29 and 1503.311 to	157
1503.318 of the Revised Code:	158

(A) "Agent" means an individual who represents a timber buyer	159
in effecting or attempting to effect the purchase of timber.	160

(B) "Landowner" means a person who owns the property where	161
timber is to be harvested.	162

(C) "Prosecutor" has the same meaning as in section 2935.01	163
of the Revised Code.	164

(D) "Timber" means trees, standing or felled, and logs that	165
can be used for sawing or processing into lumber for building or	166
structural purposes or for the manufacture of any article.	167

(E) "Timber buyer" means a person engaged in the business of	168
buying timber from timber growers for sawing into lumber,	169
processing, or resale, but does not include a person who	170
occasionally purchases timber for sawing or processing for the	171
person's own use and not for resale.	172

(F) "Timber grower" means the owner, tenant, or manager of	173
land in this state who has an interest in, or is entitled to	174
receive any part of the proceeds from, the sale of timber grown on	175
that land and includes a person exercising lawful authority to	176
sell timber for such an owner, tenant, or manager.	177

Sec. 1503.312.  (A) The chief of the division of forestry may	178
appoint one or more forest officers to be timber theft foresters	179
whose jurisdiction extends over territory that the chief	180
determines, subject to the approval of the director of natural	181
resources. A timber theft forester shall serve in that position	182
for one year from the date of appointment or until the forester's	183
successor is appointed. The chief may remove a timber theft	184
forester from that position at any time.	185

(B) The chief shall do all of the following:

186

(1) Supervise timber theft foresters appointed under this	187
section;	188

(2) Instruct timber theft foresters in their duties;

189

(3) Establish policies and procedures governing timber theft	190
investigations;	191

(4) Establish the qualifications and training that are	192
required in order for a forest officer to be appointed a timber	193
theft forester.	194

(C) Timber theft foresters are responsible for investigating	195
alleged timber thefts on private and public lands in this state as	196
assigned by the chief.	197

(D) A timber theft forester is not personally liable for any	198
required or authorized act while acting within the scope of the	199
forester's duties as a forester.	200

(E) The chief shall establish within the division an office	201
of state forestry criminal investigation consisting of forest	202
officers assigned to it by the chief. The office is responsible	203
for conducting investigations in accordance with section 1503.317	204
of the Revised Code and conducting any other duties specified in	205
that section. The chief shall ensure that forest officers assigned	206
to the office receive training that the chief determines to be	207
appropriate.	208

(F) The chief, by rules adopted in accordance with Chapter	209
119. of the Revised Code, may require a timber buyer to be	210
registered with or licensed by the division and to file with the	211
division a surety bond or another form of security authorized by	212
the division in an amount that the division designates.	213

(G) The chief, by rules adopted in accordance with Chapter	214
119. of the Revised Code, may establish best management practices	215
for the harvesting of timber on public and private lands.	216

Sec. 1503.313.  Prior to the purchase or harvesting of timber	217
by a timber buyer, a landowner or timber grower, if different from	218
the landowner, and a timber buyer shall enter into a written	219
contract that includes all of the following:	220

(A) The name or names of the owner of the property where	221
timber is to be harvested if the owner is not the timber grower;	222

(B) A document showing the boundaries of each tract of land	223
from which timber is to be harvested. If the area on the tract	224
from which timber is to be harvested is less than the entire	225
tract, the document shall indicate the more limited area. The	226
document shall be a copy of one of the following in the following	227
order of preference:	228

(1) A property survey conducted by a registered surveyor	229
filed with the applicable county auditor or county engineer;	230

(2) A property survey conducted by a registered surveyor	231
accurately depicting the tract that has not been filed with the	232
applicable county auditor or county engineer;	233

(3) A plat map that accurately displays the boundary of the	234
area of the land where timber is authorized to be harvested as	235
well as the property boundary of the landowner's or timber	236
grower's property;	237

(4) An aerial photograph that accurately displays the	238
boundary of the area of the land where timber is authorized to be	239
harvested as well as the property boundary of the landowner's or	240
timber grower's property;	241

(5) A topographical map that accurately displays the boundary	242
of the area of the land where timber is authorized to be harvested	243
as well as the property boundary of the landowner's or timber	244
grower's property.	245

The contract shall require the landowner or, if applicable,	246
the timber grower to obtain a copy of the deed to the property for	247
purposes of providing evidence of the property boundary and the	248
right of the landowner or timber grower to enter into the	249
contract.	250

(C) A provision requiring that the boundary of the area of	251
the land where timber is authorized to be harvested under the	252
contract be physically marked by the landowner or timber grower or	253
by arrangement of the landowner or timber grower;	254

(D) A provision requiring the landowner or timber grower to	255
certify that the territorial boundary of the area of land where	256
timber is authorized to be harvested that is identified in the	257
contract does not encroach on property that is not owned by the	258
landowner or timber grower and does not include timber that the	259
landowner or timber grower is not authorized to sell;	260

(E) A description of the timber that includes the type,	261
description, category, dimensions, and number of trees to be	262
harvested;	263

(F) The price or method of determining the price of the	264
timber and the payment terms;	265

(G) The dates when the timber will be harvested, which shall	266
commence not sooner than one week after the signing of the	267
contract unless the timber is being harvested as a result of storm	268
damage resulting in an emergency;	269

(H) A provision stating that the timber buyer is responsible	270
for acts and omissions related to the harvesting of timber by an	271
agent, employee, or subcontractor of the timber buyer;	272

(I) A provision stating that the landowner or timber grower,	273
if different from the landowner, may provide written notice to	274
each adjacent landowner in accordance with section 1503.314 of the	275
Revised Code.	276

Sec. 1503.314.  (A) A landowner or timber grower, if	277
different from the landowner, that enters into a contract under	278
section 1503.313 of the Revised Code with a timber buyer to	279
harvest timber on the landowner's or timber grower's property may,	280
but shall not be required to, provide written notice to each	281
adjacent landowner indicating that the landowner or timber grower,	282
if different from the landowner, has entered into a contract to	283
have timber harvested. The landowner or timber grower shall	284
provide the notice prior to the commencement of the timber harvest	285
authorized under the contract. If notice is provided, it shall be	286
provided by certified mail return receipt requested and sent to	287
each adjacent landowner at the address indicated on the tax	288
duplicate for that parcel, shall inform each adjacent landowner of	289
the existence of the contract, and shall include a description of	290
the territorial boundary of the area of land on the property where	291
timber is proposed to be harvested.	292

(B) If a landowner or timber grower provides notice under	293
division (A) of this section and the identification of the	294
boundaries as required by section 1503.313 of the Revised Code is	295
accurate and correct, both of the following apply:	296

(1) The landowner and timber grower, if different from the	297
landowner, are not liable in any civil action by an adjacent	298
landowner related to the removal of timber from the adjacent	299
landowner's land by the timber buyer who is harvesting timber from	300
the landowner's or timber grower's land pursuant to a contract	301
entered into under that section. The provision of the notice is an	302
affirmative defense to such a civil action.	303

(2) The landowner or timber grower, if different from the	304
landowner, shall not be required to enter into negotiations or	305
arbitration for compensation of a landowner on whose land timber	306
was improperly harvested.	307

Sec. 1503.315.  (A) A timber buyer and any agent of the	308
timber buyer shall do all of the following:	309

(1) Employ best management practices for all work that is	310
related to the harvesting of timber under the contract, including	311
minimizing damage to land and the environment, if the chief of the	312
division of forestry establishes best management practices in	313
rules adopted under division (G) of section 1503.312 of the	314
Revised Code, or, if such rules are not adopted, employ best	315
efforts to minimize damage to land and the environment;	316

(2) Maintain records of the work that is related to the	317
timber harvest for a period of six years subsequent to the	318
termination of the work. The timber buyer or agent shall make all	319
such records available for inspection by a forest officer	320
designated under section 1503.29 of the Revised Code or another	321
law enforcement officer for the purpose of assisting in any	322
investigations regarding alleged thefts of timber. The records	323
shall include all of the following:	324

(a) A copy of the contract signed by the landowner or timber	325
grower, if different from the landowner, and the timber buyer;	326

(b) A copy of any and all correspondence, including	327
electronic mail, memoranda, letters, and notes between the	328
landowner or timber grower, if different from the landowner, and	329
the timber buyer;	330

(c) A copy of all receipts or records of transactions between	331
the landowner and timber grower, if different from the landowner,	332
and the timber buyer;	333

(d) Documentation of each load of logs removed from the	334
property that includes the description and dimension of each log,	335
the total number of logs, and the recipient of the load. A copy of	336
the documentation shall be provided to the landowner or timber	337
grower, if different from the landowner, and the recipient of the	338
logs.	339

(3) Prior to the commencement of timber harvesting	340
activities, post a sign prominently and in a conspicuous location	341
on the property where timber harvesting will take place. The sign	342
shall include the name of the timber buyer, the contact	343
information for the timber buyer, and the estimated date on which	344
timber harvesting will begin.	345

(4) Prior to the commencement of timber harvesting	346
activities, obtain GPS coordinates of relevant property corners,	347
monuments, and boundaries if the area from which timber will be	348
harvested is less than one hundred feet from the property	349
boundary, and use the coordinates to determine property lines and	350
the perimeter of the harvest area unless the landowner or timber	351
grower, if different from the landowner, and the adjacent	352
landowners give written consent to proceed without GPS	353
coordinates.	354

(B) No person shall do any of the following:

355

(1) Harvest timber without a written contract that contains	356
all of the provisions required in section 1503.313 of the Revised	357
Code;	358

(2) Knowingly make a false statement in such a written	359
contract;	360

(3) Recklessly fail to comply with the requirements	361
established in division (A) of this section as applicable.	362

Sec. 1503.316. No person, without privilege to do so, shall	363
recklessly take or harvest timber of another without the express	364
or implied consent of the landowner or timber grower, if different	365
from the landowner, or outside the boundaries specified in a	366
written contract entered into under section 1503.313 of the	367
Revised Code.	368

Sec. 1503.317. (A) As used in this section, "law enforcement	369
agency" means an organization or unit comprised of law enforcement	370
officers as defined in section 2901.01 of the Revised Code.	371

(B) A law enforcement agency may request the office of state	372
forestry criminal investigation to assist in the investigation of	373
alleged instances of timber theft and other violations of this	374
chapter.	375

(C) If a landowner or timber grower, if different from the	376
landowner, suspects that the landowner's or timber grower's, if	377
different from the landowner, timber has been illegally harvested	378
or that any other violation of this chapter has occurred and	379
notifies the office of state forestry criminal investigation, the	380
office shall refer the suspected violation to the prosecuting	381
attorney of the applicable county. The referral shall be	382
accompanied by a notice that the office, upon request, will assist	383
in the investigation of the suspected violation.	384

Sec. 1503.318. (A) The prosecuting attorney of the applicable	385
county may request the attorney general to prosecute a person for	386
a violation of division (B) of section 1503.315 or section	387
1503.316 of the Revised Code. If the prosecuting attorney does not	388
request the attorney general to prosecute the alleged violation	389
and does not initiate prosecution within twenty-one days after	390
receiving notice of the alleged violation, the chief of the	391
division of forestry may request the attorney general to prosecute	392
the alleged violation.	393

(B) The attorney general, at the request of the prosecuting	394
attorney of the applicable county or the chief, or the prosecuting	395
attorney may bring an action enjoining a timber buyer or any	396
entity that the timber buyer owns from buying timber in this state	397
if the timber buyer violates division (B) of section 1503.315 or	398
section 1503.316 of the Revised Code on a second or subsequent	399
occurrence.	400

Sec. 1503.99.  (A) Whoever violates section 1503.01 or	401
1503.12 of the Revised Code is guilty of a minor misdemeanor.	402

(B) Whoever violates section 1503.18 or 1503.43 of the	403
Revised Code is guilty of a misdemeanor of the third degree.	404

(C) Whoever violates division (B) of section 1503.315 of the	405
Revised Code is guilty of a misdemeanor of the fourth degree on a	406
first offense and a misdemeanor of the first degree on each	407
subsequent offense.	408

(D) Whoever violates section 1503.316 of the Revised Code is	409
guilty of one of the following based on the value of the property	410
involved in the violation and the number of violations of that	411
division:	412

Value of property	Number of violations	Degree of offense		413
Less than $1,000	First and second violations	First degree misdemeanor		414
	Third and subsequent violations	Fifth degree felony		415
$1,000 to $7,499	First and second violations	Fifth degree felony		416
	Third and subsequent violations	Fourth degree felony		417
$7,500 to $149,999	First and second violations	Fourth degree felony		418
	Third and subsequent violations	Third degree felony		419
$150,000 to $749,999	First and second violations	Third degree felony		420
	Third and subsequent violations	Second degree felony		421
$750,000 to $1,499,999	First and second violations	Second degree felony		422
	Third and subsequent violations	First degree felony		423
$1,500,000 or more	First and all subsequent violations	First degree felony		424

(E) In addition to the penalties described in division (D) of	425
this section, if a court orders restitution under section 2929.18	426
or 2929.28 of the Revised Code for a violation of section 1503.316	427
of the Revised Code, economic loss includes any incidental damage	428
to the victim's property. Restitution may include reasonable costs	429
of reforestation activities related to the injury sustained by the	430
victim and reasonable costs of remediating incidental damage to	431
the victim's property. The value of timber shall be determined as	432
provided in division (D) of section 2913.61 of the Revised Code.	433

(F) The amendments to this section by ....B. ... of the 130th	434
general assembly do not preclude prosecution for a violation of	435
any other section of the Revised Code. One or more acts, or series	436
of acts, or a course of behavior that can be prosecuted under this	437
section or another section of the Revised Code may be prosecuted	438
under this section, the other section, or both sections.	439

Sec. 2913.02.  (A) No person, with purpose to deprive the	440
owner of property or services, shall knowingly obtain or exert	441
control over either the property or services in any of the	442
following ways:	443

(1) Without the consent of the owner or person authorized to	444
give consent;	445

(2) Beyond the scope of the express or implied consent of the	446
owner or person authorized to give consent;	447

(3) By deception;

448

(4) By threat;

449

(5) By intimidation.

450

(B)(1) Whoever violates this section is guilty of theft.

451

(2) Except as otherwise provided in this division or division	452
(B)(3), (4), (5), (6), (7), (8), or (9) of this section, a	453
violation of this section is petty theft, a misdemeanor of the	454
first degree. If the value of the property or services stolen is	455
one thousand dollars or more and is less than seven thousand five	456
hundred dollars or if the property stolen is any of the property	457
listed in section 2913.71 of the Revised Code, a violation of this	458
section is theft, a felony of the fifth degree. If the value of	459
the property or services stolen is seven thousand five hundred	460
dollars or more and is less than one hundred fifty thousand	461
dollars, a violation of this section is grand theft, a felony of	462
the fourth degree. If the value of the property or services stolen	463
is one hundred fifty thousand dollars or more and is less than	464
seven hundred fifty thousand dollars, a violation of this section	465
is aggravated theft, a felony of the third degree. If the value of	466
the property or services is seven hundred fifty thousand dollars	467
or more and is less than one million five hundred thousand	468
dollars, a violation of this section is aggravated theft, a felony	469
of the second degree. If the value of the property or services	470
stolen is one million five hundred thousand dollars or more, a	471
violation of this section is aggravated theft of one million five	472
hundred thousand dollars or more, a felony of the first degree.	473

(3) Except as otherwise provided in division (B)(4), (5),	474
(6), (7), (8), or (9) of this section, if the victim of the	475
offense is an elderly person or disabled adult, a violation of	476
this section is theft from an elderly person or disabled adult,	477
and division (B)(3) of this section applies. Except as otherwise	478
provided in this division, theft from an elderly person or	479
disabled adult is a felony of the fifth degree. If the value of	480
the property or services stolen is one thousand dollars or more	481
and is less than seven thousand five hundred dollars, theft from	482
an elderly person or disabled adult is a felony of the fourth	483
degree. If the value of the property or services stolen is seven	484
thousand five hundred dollars or more and is less than	485
thirty-seven thousand five hundred dollars, theft from an elderly	486
person or disabled adult is a felony of the third degree. If the	487
value of the property or services stolen is thirty-seven thousand	488
five hundred dollars or more and is less than one hundred fifty	489
thousand dollars, theft from an elderly person or disabled adult	490
is a felony of the second degree. If the value of the property or	491
services stolen is one hundred fifty thousand dollars or more,	492
theft from an elderly person or disabled adult is a felony of the	493
first degree.	494

(4) If the property stolen is a firearm or dangerous	495
ordnance, a violation of this section is grand theft. Except as	496
otherwise provided in this division, grand theft when the property	497
stolen is a firearm or dangerous ordnance is a felony of the third	498
degree, and there is a presumption in favor of the court imposing	499
a prison term for the offense. If the firearm or dangerous	500
ordnance was stolen from a federally licensed firearms dealer,	501
grand theft when the property stolen is a firearm or dangerous	502
ordnance is a felony of the first degree. The offender shall serve	503
a prison term imposed for grand theft when the property stolen is	504
a firearm or dangerous ordnance consecutively to any other prison	505
term or mandatory prison term previously or subsequently imposed	506
upon the offender.	507

(5) If the property stolen is a motor vehicle, a violation of	508
this section is grand theft of a motor vehicle, a felony of the	509
fourth degree.	510

(6) If the property stolen is any dangerous drug, a violation	511
of this section is theft of drugs, a felony of the fourth degree,	512
or, if the offender previously has been convicted of a felony drug	513
abuse offense, a felony of the third degree.	514

(7) If the property stolen is a police dog or horse or an	515
assistance dog and the offender knows or should know that the	516
property stolen is a police dog or horse or an assistance dog, a	517
violation of this section is theft of a police dog or horse or an	518
assistance dog, a felony of the third degree.	519

(8) If the property stolen is anhydrous ammonia, a violation	520
of this section is theft of anhydrous ammonia, a felony of the	521
third degree.	522

(9) Except as provided in division (B)(2) of this section	523
with respect to property with a value of seven thousand five	524
hundred dollars or more and division (B)(3) of this section with	525
respect to property with a value of one thousand dollars or more,	526
if the property stolen is a special purpose article as defined in	527
section 4737.04 of the Revised Code or is a bulk merchandise	528
container as defined in section 4737.012 of the Revised Code, a	529
violation of this section is theft of a special purpose article or	530
articles or theft of a bulk merchandise container or containers, a	531
felony of the fifth degree.	532

(10) In addition to the penalties described in division	533
(B)(2) of this section, if the offender committed the violation by	534
causing a motor vehicle to leave the premises of an establishment	535
at which gasoline is offered for retail sale without the offender	536
making full payment for gasoline that was dispensed into the fuel	537
tank of the motor vehicle or into another container, the court may	538
do one of the following:	539

(a) Unless division (B)(10)(b) of this section applies,	540
suspend for not more than six months the offender's driver's	541
license, probationary driver's license, commercial driver's	542
license, temporary instruction permit, or nonresident operating	543
privilege;	544

(b) If the offender's driver's license, probationary driver's	545
license, commercial driver's license, temporary instruction	546
permit, or nonresident operating privilege has previously been	547
suspended pursuant to division (B)(10)(a) of this section, impose	548
a class seven suspension of the offender's license, permit, or	549
privilege from the range specified in division (A)(7) of section	550
4510.02 of the Revised Code, provided that the suspension shall be	551
for at least six months.	552

(c) The court, in lieu of suspending the offender's driver's	553
or commercial driver's license, probationary driver's license,	554
temporary instruction permit, or nonresident operating privilege	555
pursuant to division (B)(10)(a) or (b) of this section, instead	556
may require the offender to perform community service for a number	557
of hours determined by the court.	558

(11) In addition to the penalties described in division	559
(B)(2) of this section, if the offender committed the violation by	560
stealing rented property or rental services, the court may order	561
that the offender make restitution pursuant to section 2929.18 or	562
2929.28 of the Revised Code. Restitution may include, but is not	563
limited to, the cost of repairing or replacing the stolen	564
property, or the cost of repairing the stolen property and any	565
loss of revenue resulting from deprivation of the property due to	566
theft of rental services that is less than or equal to the actual	567
value of the property at the time it was rented. Evidence of	568
intent to commit theft of rented property or rental services shall	569
be determined pursuant to the provisions of section 2913.72 of the	570
Revised Code.	571

(12) In addition to the penalties described in division	572
(B)(2) of this section, if a court orders restitution under	573
section 2929.18 or 2929.28 of the Revised Code and the property	574
stolen is timber that has been illegally harvested, economic loss	575
includes any incidental damage to the victim's property.	576
Restitution may include reasonable costs of reforestation	577
activities related to the injury sustained by the victim and	578
reasonable costs of remediating incidental damage to the victim's	579
property. The value of timber shall be determined as provided in	580
division (D) of section 2913.61 of the Revised Code.	581

(C) The sentencing court that suspends an offender's license,	582
permit, or nonresident operating privilege under division (B)(10)	583
of this section may grant the offender limited driving privileges	584
during the period of the suspension in accordance with Chapter	585
4510. of the Revised Code.	586

Sec. 2913.61.  (A) When a person is charged with a theft	587
offense, or with a violation of division (A)(1) of section 1716.14	588
of the Revised Code involving a victim who is an elderly person or	589
disabled adult that involves property or services valued at one	590
thousand dollars or more, property or services valued at one	591
thousand dollars or more and less than seven thousand five hundred	592
dollars, property or services valued at one thousand five hundred	593
dollars or more and less than seven thousand five hundred dollars,	594
property or services valued at seven thousand five hundred dollars	595
or more and less than thirty-seven thousand five hundred dollars,	596
property or services valued at seven thousand five hundred dollars	597
or more and less than one hundred fifty thousand dollars, property	598
or services valued at thirty-seven thousand five hundred dollars	599
or more and less than one hundred fifty thousand dollars, property	600
or services valued at thirty-seven thousand five hundred dollars	601
or more, property or services valued at one hundred fifty thousand	602
dollars or more, property or services valued at one hundred fifty	603
thousand dollars or more and less than seven hundred fifty	604
thousand dollars, property or services valued at seven hundred	605
fifty thousand dollars or more and less than one million five	606
hundred thousand dollars, or property or services valued at one	607
million five hundred thousand dollars or more, the jury or court	608
trying the accused shall determine the value of the property or	609
services as of the time of the offense and, if a guilty verdict is	610
returned, shall return the finding of value as part of the	611
verdict. In any case in which the jury or court determines that	612
the value of the property or services at the time of the offense	613
was one thousand dollars or more, it is unnecessary to find and	614
return the exact value, and it is sufficient if the finding and	615
return is to the effect that the value of the property or services	616
involved was one thousand dollars or more and less than seven	617
thousand five hundred dollars, was one thousand dollars or more	618
and less than seven thousand five hundred dollars, was seven	619
thousand five hundred dollars or more and less than thirty-seven	620
thousand five hundred dollars, was seven thousand five hundred	621
dollars or more and less than thirty-seven thousand five hundred	622
dollars, was seven thousand five hundred dollars or more and less	623
than one hundred fifty thousand dollars, was thirty-seven thousand	624
five hundred dollars or more and less than one hundred fifty	625
thousand dollars, was thirty-seven thousand five hundred dollars	626
or more and less than one hundred fifty thousand dollars, was one	627
hundred fifty thousand dollars or more, was one hundred fifty	628
thousand dollars or more and less than seven hundred fifty	629
thousand dollars, was seven hundred fifty thousand dollars or more	630
and less than one million five hundred thousand dollars, or was	631
one million five hundred thousand dollars or more, whichever is	632
relevant regarding the offense.	633

(B) If more than one item of property or services is involved	634
in a theft offense or in a violation of division (A)(1) of section	635
1716.14 of the Revised Code involving a victim who is an elderly	636
person or disabled adult, the value of the property or services	637
involved for the purpose of determining the value as required by	638
division (A) of this section is the aggregate value of all	639
property or services involved in the offense.	640

(C)(1) When a series of offenses under section 2913.02 of the	641
Revised Code, or a series of violations of, attempts to commit a	642
violation of, conspiracies to violate, or complicity in violations	643
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	644
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	645
2913.31 or 2913.43 of the Revised Code involving a victim who is	646
an elderly person or disabled adult, is committed by the offender	647
in the offender's same employment, capacity, or relationship to	648
another, all of those offenses shall be tried as a single offense.	649
The value of the property or services involved in the series of	650
offenses for the purpose of determining the value as required by	651
division (A) of this section is the aggregate value of all	652
property and services involved in all offenses in the series.	653

(2) If an offender commits a series of offenses under section	654
2913.02 of the Revised Code that involves a common course of	655
conduct to defraud multiple victims, all of the offenses may be	656
tried as a single offense. If an offender is being tried for the	657
commission of a series of violations of, attempts to commit a	658
violation of, conspiracies to violate, or complicity in violations	659
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	660
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	661
2913.31 or 2913.43 of the Revised Code, whether committed against	662
one victim or more than one victim, involving a victim who is an	663
elderly person or disabled adult, pursuant to a scheme or course	664
of conduct, all of those offenses may be tried as a single	665
offense. If the offenses are tried as a single offense, the value	666
of the property or services involved for the purpose of	667
determining the value as required by division (A) of this section	668
is the aggregate value of all property and services involved in	669
all of the offenses in the course of conduct.	670

(3) When a series of two or more offenses under section	671
2913.40, 2913.48, or 2921.41 of the Revised Code is committed by	672
the offender in the offender's same employment, capacity, or	673
relationship to another, all of those offenses may be tried as a	674
single offense. If the offenses are tried as a single offense, the	675
value of the property or services involved for the purpose of	676
determining the value as required by division (A) of this section	677
is the aggregate value of all property and services involved in	678
all of the offenses in the series of two or more offenses.	679

(4) In prosecuting a single offense under division (C)(1),	680
(2), or (3) of this section, it is not necessary to separately	681
allege and prove each offense in the series. Rather, it is	682
sufficient to allege and prove that the offender, within a given	683
span of time, committed one or more theft offenses or violations	684
of section 2913.40, 2913.48, or 2921.41 of the Revised Code in the	685
offender's same employment, capacity, or relationship to another	686
as described in division (C)(1) or (3) of this section, or	687
committed one or more theft offenses that involve a common course	688
of conduct to defraud multiple victims or a scheme or course of	689
conduct as described in division (C)(2) of this section. While it	690
is not necessary to separately allege and prove each offense in	691
the series in order to prosecute a single offense under division	692
(C)(1), (2), or (3) of this section, it remains necessary in	693
prosecuting them as a single offense to prove the aggregate value	694
of the property or services in order to meet the requisite	695
statutory offense level sought by the prosecution.	696

(D) The following criteria shall be used in determining the	697
value of property or services involved in a theft offense:	698

(1) The value of an heirloom, memento, collector's item,	699
antique, museum piece, manuscript, document, record, or other	700
thing that has intrinsic worth to its owner and that either is	701
irreplaceable or is replaceable only on the expenditure of	702
substantial time, effort, or money, is the amount that would	703
compensate the owner for its loss.	704

(2) The value of personal effects and household goods, and of	705
materials, supplies, equipment, and fixtures used in the	706
profession, business, trade, occupation, or avocation of its	707
owner, which property is not covered under division (D)(1) of this	708
section and which retains substantial utility for its purpose	709
regardless of its age or condition, is the cost of replacing the	710
property with new property of like kind and quality.	711

(3)(a) The value of timber is the greater of either the	712
replacement value or the fair market value of the timber that was	713
illegally harvested.	714

(b) As used in this division, "replacement value" is the cost	715
of purchasing, delivering, and planting a young tree with a	716
caliper of not less than three inches and not more than five	717
inches of a similar type and variety as the illegally harvested	718
tree.	719

(4) The value of any real or personal property that is not	720
covered under division (D)(1) or, (2), or (3) of this section, and	721
the value of services, is the fair market value of the property or	722
services. As	723

(5) As used in this section, "fair market value" is the money	724
consideration that a buyer would give and a seller would accept	725
for property or services, assuming that the buyer is willing to	726
buy and the seller is willing to sell, that both are fully	727
informed as to all facts material to the transaction, and that	728
neither is under any compulsion to act.	729

(E) Without limitation on the evidence that may be used to	730
establish the value of property or services involved in a theft	731
offense:	732

(1) When the property involved is personal property held for	733
sale at wholesale or retail, the price at which the property was	734
held for sale is prima-facie evidence of its value.	735

(2) When the property involved is a security or commodity	736
traded on an exchange, the closing price or, if there is no	737
closing price, the asked price, given in the latest market	738
quotation prior to the offense is prima-facie evidence of the	739
value of the security or commodity.	740

(3) When the property involved is livestock, poultry, or raw	741
agricultural products for which a local market price is available,	742
the latest local market price prior to the offense is prima-facie	743
evidence of the value of the livestock, poultry, or products.	744

(4) When the property involved is a negotiable instrument,	745
the face value is prima-facie evidence of the value of the	746
instrument.	747

(5) When the property involved is a warehouse receipt, bill	748
of lading, pawn ticket, claim check, or other instrument entitling	749
the holder or bearer to receive property, the face value or, if	750
there is no face value, the value of the property covered by the	751
instrument less any payment necessary to receive the property is	752
prima-facie evidence of the value of the instrument.	753

(6) When the property involved is a ticket of admission,	754
ticket for transportation, coupon, token, or other instrument	755
entitling the holder or bearer to receive property or services,	756
the face value or, if there is no face value, the value of the	757
property or services that may be received by the instrument is	758
prima-facie evidence of the value of the instrument.	759

(7) When the services involved are gas, electricity, water,	760
telephone, transportation, shipping, or other services for which	761
the rate is established by law, the duly established rate is	762
prima-facie evidence of the value of the services.	763

(8) When the services involved are services for which the	764
rate is not established by law, and the offender has been notified	765
prior to the offense of the rate for the services, either in	766
writing, orally, or by posting in a manner reasonably calculated	767
to come to the attention of potential offenders, the rate	768
contained in the notice is prima-facie evidence of the value of	769
the services.	770

Section 2.  That existing sections 901.51, 901.99, 1503.29,	771
1503.99, 2913.02, and 2913.61 of the Revised Code are hereby	772
repealed.	773