Ohio Code 2925.42 – Criminal forfeiture of property relating to felony drug abuse offense
(A) If a person is convicted of or pleads guilty to a felony drug abuse offense, or a juvenile is found by a juvenile court to be a delinquent child for an act that, if committed by an adult, would be a felony drug abuse offense, and derives profits or other proceeds from the offense or act, the court that imposes sentence or an order of disposition upon the offender or delinquent child, in lieu of any fine that the court is otherwise authorized or required to impose, may impose upon the offender or delinquent child a fine of not more than twice the gross profits or other proceeds so derived.
Terms Used In Ohio Code 2925.42
- Arrest: Taking physical custody of a person by lawful authority.
- Child: includes child by adoption. See Ohio Code 1.59
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Drug abuse offense: means any of the following:
(1) A violation of division (A) of section 2913. See Ohio Code 2925.01
- Felony drug abuse offense: means any drug abuse offense that would constitute a felony under the laws of this state, any other state, or the United States. See Ohio Code 2925.01
- Juvenile: means a person under eighteen years of age. See Ohio Code 2925.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(B) Notwithstanding any contrary provision of section 3719.21 of the Revised Code, all fines imposed pursuant to this section shall be paid by the clerk of the court to the county, municipal corporation, township, park district, as created pursuant to section 511.18 or 1545.01 of the Revised Code, or state law enforcement agencies in this state that were primarily responsible for or involved in making the arrest of, and in prosecuting, the offender. However, no fine so imposed shall be paid to a law enforcement agency unless the agency has adopted a written internal control policy under division (F)(2) of section 2925.03 of the Revised Code that addresses the use of the fine moneys that it receives under this division and division (F)(1) of section 2925.03 of the Revised Code. The fines imposed and paid pursuant to this division shall be used by the law enforcement agencies to subsidize their efforts pertaining to drug offenses, in accordance with the written internal control policy adopted by the recipient agency under division (F)(2) of section 2925.03 of the Revised Code.
(C) As used in this section:
(1) “Law enforcement agencies” includes, but is not limited to, the state board of pharmacy and the office of a prosecutor.
(2) “Prosecutor” has the same meaning as in section 2935.01 of the Revised Code.