Ohio § 4503.233

§ 4503.233.

(A)(1) If a court is required to order the immobilization of a vehicle for a specified period

of time pursuant to section 4510.11 , 4510.14 , 4510.161 , 4510.41 , 4511.19 , 4511.193 , or 4511.203 of the Revised Code , the court, subject to section 4503.235 of the Revised Code , shall issue the immobilization order in accordance with this division and for the

period of time specified in the particular section, and the immobilization under the

order shall be in accordance with this section.  The court, at the time of sentencing the offender for the offense relative to which

the immobilization order is issued or as soon thereafter as is practicable, shall

give a copy of the order to the offender or the offender's counsel.  The court promptly shall send a copy of the order to the registrar on a form prescribed

by the registrar and to the person or agency it designates to execute the order. The order shall indicate the date on which it is issued, shall identify the vehicle

that is subject to the order, and shall specify all of the following: (a) The period of the immobilization; (b) The place at which the court determines that the immobilization shall be carried

out, provided that the court shall not determine and shall not specify that the immobilization

is to be carried out at any place other than a commercially operated private storage

lot, a place owned by a law enforcement or other government agency, or a place to

which one of the following applies: (i) The place is leased by or otherwise under the control of a law enforcement or other

government agency. (ii) The place is owned by the offender, the offender's spouse, or a parent or child of

the offender. (iii) The place is owned by a private person or entity, and, prior to the issuance of the

order, the private entity or person that owns the place, or the authorized agent of

that private entity or person, has given express written consent for the immobilization

to be carried out at that place. (iv) The place is a public street or highway on which the vehicle is parked in accordance

with the law. (c) The person or agency designated by the court to execute the order, which shall be

either the law enforcement agency that employs the law enforcement officer who seized

the vehicle, a bailiff of the court, another person the court determines to be appropriate

to execute the order, or the law enforcement agency with jurisdiction over the place

of residence of the vehicle owner; (d) That neither the registrar nor a deputy registrar will be permitted to accept an

application for the license plate registration of any motor vehicle in the name of

the vehicle owner until the immobilization fee is paid. (2) The person or agency the court designates to immobilize the vehicle shall seize or

retain that vehicle's license plates and forward them to the bureau of motor vehicles. (3) In all cases, the offender shall be assessed an immobilization fee of one hundred

dollars, and the immobilization fee shall be paid to the registrar before the vehicle

may be released to the offender.  Neither the registrar nor a deputy registrar shall accept an application for the

registration of any motor vehicle in the name of the offender until the immobilization

fee is paid. (4) If the vehicle subject to the order is immobilized pursuant to the order and is found

being operated upon any street or highway in this state during the immobilization

period, it shall be seized, removed from the street or highway, and criminally forfeited

and disposed of pursuant to section 4503.234 of the Revised Code . (5) The registrar shall deposit the immobilization fee into the public safety--highway

purposes fund created by section 4501.06 of the Revised Code to be expended only as provided in division (A)(5) of this section.  If the court designated in the order a court bailiff or another appropriate person

other than a law enforcement officer to immobilize the vehicle, the amount of the

fee deposited into the public safety--highway purposes fund shall be paid out to the

county treasury if the court that issued the order is a county court, to the treasury

of the municipal corporation served by the court if the court that issued the order

is a mayor's court, or to the city treasury of the legislative authority of the court,

both as defined in section 1901.03 of the Revised Code , if the court that issued the order is a municipal court.  If the court designated a law enforcement agency to immobilize the vehicle and if

the law enforcement agency immobilizes the vehicle, the amount of the fee deposited

into the public safety--highway purposes fund shall be paid out to the law enforcement

agency to reimburse the agency for the costs it incurs in obtaining immobilization

equipment and, if required, in sending an officer or other person to search for and

locate the vehicle specified in the immobilization order and to immobilize the vehicle. In addition to the immobilization fee required to be paid under division (A)(3) of

this section, the offender may be charged expenses or charges incurred in the removal

and storage of the immobilized vehicle. (B) If a court issues an immobilization order under division (A)(1) of this section,

the person or agency designated by the court to execute the immobilization order promptly

shall immobilize or continue the immobilization of the vehicle at the place specified

by the court in the order.  The registrar shall not authorize the release of the vehicle or authorize the issuance

of new identification license plates for the vehicle at the end of the immobilization

period until the immobilization fee has been paid. (C) Upon receipt of the license plates for a vehicle under this section, the registrar

shall destroy the license plates.  At the end of the immobilization period and upon the payment of the immobilization

fee that must be paid under this section, the registrar shall authorize the release

of the vehicle and authorize the issuance, upon the payment of the same fee as is

required for the replacement of lost, mutilated, or destroyed license plates and certificates

of registration, of new license plates and, if necessary, a new certificate of registration

to the offender for the vehicle in question. (D)(1) If a court issues an immobilization order under division (A) of this section, the

immobilization period commences on the day on which the vehicle in question is immobilized.  If the vehicle in question had been seized under section 4510.41 or 4511.195 of the Revised Code , the time between the seizure and the beginning of the immobilization period shall

be credited against the immobilization period specified in the immobilization order

issued under division (A) of this section.  No vehicle that is immobilized under this section is eligible to have restricted

license plates under section 4503.231 of the Revised Code issued for that vehicle. (2) If a court issues an immobilization order under division (A) of this section, if

the vehicle subject to the order is immobilized under the order, and if the vehicle

is found being operated upon any street or highway of this state during the immobilization

period, it shall be seized, removed from the street or highway, and criminally forfeited,

and disposed of pursuant to section 4503.234 of the Revised Code .  No vehicle that is forfeited under this provision shall be considered contraband

for purposes of Chapter 2981. of the Revised Code, but shall be held by the law enforcement

agency that employs the officer who seized it for disposal in accordance with section 4503.234 of the Revised Code . (3) If a court issues an immobilization order under division (A) of this section, and

if the vehicle is not claimed within seven days after the end of the period of immobilization

or if the offender has not paid the immobilization fee, the person or agency that

immobilized the vehicle shall send a written notice to the offender at the offender's

last known address informing the offender of the date on which the period of immobilization

ended, that the offender has twenty days after the date of the notice to pay the immobilization

fee and obtain the release of the vehicle, and that if the offender does not pay the

fee and obtain the release of the vehicle within that twenty-day period, the vehicle

will be forfeited under section 4503.234 of the Revised Code to the entity that is entitled to the immobilization fee. (4) An offender whose motor vehicle is subject to an immobilization order issued under

division (A) of this section shall not sell the motor vehicle without approval of

the court that issued the order.  If such an offender wishes to sell the motor vehicle during the immobilization period,

the offender shall apply to the court that issued the immobilization order for permission

to assign the title to the vehicle.  If the court is satisfied that the sale will be in good faith and not for the purpose

of circumventing the provisions of division (A)(1) of this section, it may certify

its consent to the offender and to the registrar.  Upon receipt of the court's consent, the registrar shall enter the court's notice

in the offender's vehicle license plate registration record. If, during a period of immobilization under an immobilization order issued under division

(A) of this section, the title to the immobilized motor vehicle is transferred by

the foreclosure of a chattel mortgage, a sale upon execution, the cancellation of

a conditional sales contract, or an order of a court, the involved court shall notify

the registrar of the action, and the registrar shall enter the court's notice in the

offender's vehicle license plate registration record. Nothing in this section shall be construed as requiring the registrar or the clerk

of the court of common pleas to note upon the certificate of title records any prohibition

regarding the sale of a motor vehicle. (5) If the title to a motor vehicle that is subject to an immobilization order under

division (A) of this section is assigned or transferred without court approval between

the time of arrest of the offender who committed the offense for which such an order

is to be issued and the time of the actual immobilization of the vehicle, the court

shall order that, for a period of two years from the date of the order, neither the

registrar nor any deputy registrar shall accept an application for the registration

of any motor vehicle in the name of the offender whose vehicle was assigned or transferred

without court approval.  The court shall notify the registrar of the order on a form prescribed by the registrar

for that purpose. (6) If the title to a motor vehicle that is subject to an immobilization order under

division (A) of this section is assigned or transferred without court approval in

violation of division (D)(4) of this section, then, in addition to or independent

of any other penalty established by law, the court may fine the offender the value

of the vehicle as determined by publications of the national auto dealers association.  The proceeds from any fine so imposed shall be distributed in the same manner as

the proceeds of the sale of a forfeited vehicle are distributed pursuant to division (C)(2) of section 4503.234 of the Revised Code . (E)(1) The court with jurisdiction over the case, after notice to all interested parties

including lienholders, and after an opportunity for them to be heard, if the offender

fails to appear in person, without good cause, or if the court finds that the offender

does not intend to seek release of the vehicle at the end of the period of immobilization

or that the offender is not or will not be able to pay the expenses and charges incurred

in its removal and storage, may order that title to the vehicle be transferred, in

order of priority, first into the name of the entity entitled to the immobilization

fee under division (A)(5) of this section, next into the name of a lienholder, or

lastly, into the name of the owner of the place of storage. A lienholder that receives title under a court order shall do so on the condition

that it pay any expenses or charges incurred in the vehicle's removal and storage.  If the entity that receives title to the vehicle is the entity that is entitled

to the immobilization fee under division (A)(5) of this section, it shall receive

title on the condition that it pay any lien on the vehicle.  The court shall not order that title be transferred to any person or entity other

than the owner of the place of storage if the person or entity refuses to receive

the title.  Any person or entity that receives title may either keep title to the vehicle or

may dispose of the vehicle in any legal manner that it considers appropriate, including

assignment of the certificate of title to the motor vehicle to a salvage dealer or

a scrap metal processing facility.  The person or entity shall not transfer the vehicle to the person who is the vehicle's

immediate previous owner. If the person or entity assigns the motor vehicle to a salvage dealer or scrap metal

processing facility, the person or entity shall send the assigned certificate of title

to the motor vehicle to the clerk of the court of common pleas of the county in which

the salvage dealer or scrap metal processing facility is located.  The person or entity shall mark the face of the certificate of title with the words

“FOR DESTRUCTION” and shall deliver a photocopy of the certificate of title to the

salvage dealer or scrap metal processing facility for its records. (2) Whenever a court issues an order under division (E)(1) of this section, the court

also shall order removal of the license plates from the vehicle and cause them to

be sent to the registrar if they have not already been sent to the registrar.  Thereafter, no further proceedings shall take place under this section, but the

offender remains liable for payment of the immobilization fee described in division

(A)(3) of this section if an immobilization order previously had been issued by the

court. (3) Prior to initiating a proceeding under division (E)(1) of this section, and upon

payment of the fee under division (B) of section 4505.14 of the Revised Code , any interested party may cause a search to be made of the public records of the

bureau of motor vehicles or the clerk of the court of common pleas, to ascertain the

identity of any lienholder of the vehicle.  The initiating party shall furnish this information to the clerk of the court with

jurisdiction over the case, and the clerk shall provide notice to the vehicle owner,

the defendant, any lienholder, and any other interested parties listed by the initiating

party, at the last known address supplied by the initiating party, by certified mail

or, at the option of the initiating party, by personal service or ordinary mail. As used in this section, “ interested party ” includes the offender, all lienholders, the owner of the place of storage, the person

or entity that caused the vehicle to be removed, and the person or entity, if any,

entitled to the immobilization fee under division (A)(5) of this section.