2006 Ohio Revised Code - 2923.33. Motion and order to preserve reachability of property subject to forfeit.

§ 2923.33. Motion and order to preserve reachability of property subject to forfeit.
 

(A)  At any time after an indictment is filed alleging a violation of section 2923.32 of the Revised Code or a conspiracy to violate that section or after a complaint, indictment or information is filed in juvenile court alleging a violation of that section or a conspiracy to violate that section as a delinquent act, the prosecuting attorney may file a motion requesting the court to issue an order to preserve the reachability of any property that may be subject to forfeiture. Upon the filing of the motion, the court, after giving notice to any person who will be affected by any order issued by the court pursuant to the motion, shall hold a hearing on the motion at which all affected persons have an opportunity to be heard and, upon a showing by the prosecuting attorney by a preponderance of the evidence that the particular action is necessary to preserve the reachability of any property that may be subject to forfeiture and based upon the indictment, may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other necessary action, including the appointment of a receiver. The prosecuting attorney is not required to show special or irreparable injury to obtain any court action pursuant to this division. Notwithstanding the Rules of Evidence, the court's order or injunction may be based on hearsay testimony. 

(B)  If no indictment has been filed alleging a violation of section 2923.32 of the Revised Code or a conspiracy to violate that section and no complaint, indictment, or information has been filed in juvenile court alleging a violation of that section or a conspiracy to violate that section as a delinquent act, the court may take any action specified in division (A) of this section if the prosecuting attorney for the county, in addition to the showing that would be required pursuant to division (A) of this section, also shows both of the following by a preponderance of the evidence: 

(1) There is probable cause to believe that the property with respect to which the order is sought, in the event of a conviction or a delinquency adjudication, would be subject to criminal forfeiture under section 2923.32 of the Revised Code; 

(2) The requested order would not result in irreparable harm to the party against whom the order is to be entered that outweighs the need to preserve the reachability of the property. 

No order entered pursuant to this division shall be effective for more than ninety days, unless it is extended pursuant to the procedure provided in this division by the court for good cause shown or an indictment is returned alleging that the property is subject to forfeiture. 

(C)  Upon application by the prosecuting attorney, the court may grant a temporary restraining order to preserve the reachability of property subject to criminal forfeiture under section 2923.32 of the Revised Code without notice to any party, if all of the following occur: 

(1) Either an indictment or a juvenile delinquency complaint, indictment, or information alleging that property is subject to criminal forfeiture has been filed, or the court determines that there is probable cause to believe that property with respect to which the order is sought would be subject, in the event of a conviction or a delinquency adjudication, to criminal forfeiture; 

(2) The property is in the possession or control of the party against whom the order is to be entered; 

(3) The court determines that the nature of the property is such that it can be concealed, disposed of, or placed beyond the jurisdiction of the court before any party may be heard in opposition to the order. 

A temporary restraining order granted without notice to any party under this division shall expire within the time, not to exceed ten days, that the court fixes, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. If a temporary restraining order is granted under this division without notice to any party, the court shall hold a hearing concerning the entry of an order under this division at the earliest practicable time prior to the expiration of the temporary order. 

(D)  Following sentencing and the entry of a judgment against an offender that includes a fine or an order of criminal forfeiture, or both, under section 2923.32 of the Revised Code, or following the entry of a judgment against a delinquent child that includes an order of criminal forfeiture under that section, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action, including the appointment of a receiver, that the court determines to be proper to protect the interests of the state or an innocent person. 
 

HISTORY: 141 v H 5 (Eff 1-1-86); 143 v H 266 (Eff 9-6-90); 148 v S 179, § 3. Eff 1-1-2002.
 

Not analogous to former RC § 2923.33 (GC § 12674-1; 114 v 143, § 2; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

The effective date is set by section 5 of SB 179.