Ohio § 2921.41

§ 2921.41.

(A) No public official or party official shall commit any theft offense, as defined in division (K) of section 2913.01 of the Revised Code , when either of the following applies: (1) The offender uses the offender's office in aid of committing the offense or permits

or assents to its use in aid of committing the offense; (2) The property or service involved is owned by this state, any other state, the United

States, a county, a municipal corporation, a township, or any political subdivision,

department, or agency of any of them, is owned by a political party, or is part of

a political campaign fund. (B) Whoever violates this section is guilty of theft in office.  Except as otherwise provided in this division, theft in office is a felony of the

fifth degree.  If the value of property or services stolen is one thousand dollars or more and

is less than seven thousand five hundred dollars, theft in office is a felony of the

fourth degree.  If the value of property or services stolen is seven thousand five hundred dollars

or more and is less than one hundred fifty thousand dollars, theft in office is a

felony of the third degree.  If the value of property or services stolen is one hundred fifty thousand dollars

or more and is less than seven hundred fifty thousand dollars, theft in office is

a felony of the second degree.  If the value of property or services stolen is seven hundred fifty thousand dollars

or more, theft in office is a felony of the first degree. (C)(1) A public official or party official who pleads guilty to theft in office and whose

plea is accepted by the court or a public official or party official against whom

a verdict or finding of guilt for committing theft in office is returned is forever

disqualified from holding any public office, employment, or position of trust in this

state. (2)(a)(i) A court that imposes sentence for a violation of this section based on conduct described

in division (A)(2) of this section shall require the public official or party official

who is convicted of or pleads guilty to the offense to make restitution for all of

the property or the service that is the subject of the offense, in addition to the

term of imprisonment and any fine imposed.  The total amount of restitution imposed under this division shall include costs

of auditing the public entities specified in division (A)(2) of this section that

own the property or service involved in the conduct described in that division that

is a violation of this section, but, except as otherwise provided in a negotiated

plea agreement, shall not exceed the amount of the restitution imposed for all of

the property or the service that is the subject of the offense. (ii) A court that imposes sentence for a violation of this section based on conduct described

in division (A)(1) of this section and that determines at trial that this state or

a political subdivision of this state if the offender is a public official, or a political

party in the United States or this state if the offender is a party official, suffered

actual loss as a result of the offense shall require the offender to make restitution

to the state, political subdivision, or political party for all of the actual loss

experienced, in addition to the term of imprisonment and any fine imposed.  The total amount of restitution imposed under this division shall include costs

of auditing the state, political subdivision, or political party that suffered the

actual loss based on conduct described in that division that is a violation of this

section, but, except as otherwise provided in a negotiated plea agreement, shall not

exceed the amount of the restitution imposed for all of the actual loss suffered. (b)(i) In any case in which a sentencing court is required to order restitution under division

(C)(2)(a) of this section and in which the offender, at the time of the commission

of the offense or at any other time, was a member of the public employees retirement

system, the Ohio police and fire pension fund, the state teachers retirement system,

the school employees retirement system, or the state highway patrol retirement system;

 was an electing employee, as defined in section 3305.01 of the Revised Code , participating in an alternative retirement plan provided pursuant to Chapter 3305.

of the Revised Code;  was a participating employee or continuing member, as defined

in section 148.01 of the Revised Code , in a deferred compensation program offered by the public employees retirement board;

 was an officer or employee of a municipal corporation who was a participant in a

deferred compensation program offered by that municipal corporation;  was an officer

or employee of a government unit, as defined in section 148.06 of the Revised Code , who was a participant in a deferred compensation program offered by that government

unit, or was a participating employee, continuing member, or participant in any deferred

compensation program described in this division and a member of a retirement system

specified in this division or a retirement system of a municipal corporation, the

entity to which restitution is to be made may file a motion with the sentencing court

specifying any retirement system, any provider as defined in section 3305.01 of the Revised Code , and any deferred compensation program of which the offender was a member, electing

employee, participating employee, continuing member, or participant and requesting

the court to issue an order requiring the specified retirement system, the specified

provider under the alternative retirement plan, or the specified deferred compensation

program, or, if more than one is specified in the motion, the applicable combination

of these, to withhold the amount required as restitution from any payment that is

to be made under a pension, annuity, or allowance, under an option in the alternative

retirement plan, under a participant account, as defined in section 148.01 of the Revised Code , or under any other type of benefit, other than a survivorship benefit, that has

been or is in the future granted to the offender, from any payment of accumulated

employee contributions standing to the offender's credit with that retirement system,

that provider of the option under the alternative retirement plan, or that deferred

compensation program, or, if more than one is specified in the motion, the applicable

combination of these, and from any payment of any other amounts to be paid to the

offender upon the offender's withdrawal of the offender's contributions pursuant to

Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised Code.  A motion described in this division may be filed at any time subsequent to the conviction

of the offender or entry of a guilty plea.  Upon the filing of the motion, the clerk of the court in which the motion is filed

shall notify the offender, the specified retirement system, the specified provider

under the alternative retirement plan, or the specified deferred compensation program,

or, if more than one is specified in the motion, the applicable combination of these,

in writing, of all of the following:  that the motion was filed;  that the offender

will be granted a hearing on the issuance of the requested order if the offender files

a written request for a hearing with the clerk prior to the expiration of thirty days

after the offender receives the notice;  that, if a hearing is requested, the court

will schedule a hearing as soon as possible and notify the offender, any specified

retirement system, any specified provider under an alternative retirement plan, and

any specified deferred compensation program of the date, time, and place of the hearing;

 that, if a hearing is conducted, it will be limited only to a consideration of whether

the offender can show good cause why the requested order should not be issued;  that,

if a hearing is conducted, the court will not issue the requested order if the court

determines, based on evidence presented at the hearing by the offender, that there

is good cause for the requested order not to be issued;  that the court will issue

the requested order if a hearing is not requested or if a hearing is conducted but

the court does not determine, based on evidence presented at the hearing by the offender,

that there is good cause for the requested order not to be issued;  and that, if the

requested order is issued, any retirement system, any provider under an alternative

retirement plan, and any deferred compensation program specified in the motion will

be required to withhold the amount required as restitution from payments to the offender. (ii) In any case in which a sentencing court is required to order restitution under division

(C)(2)(a) of this section and in which a motion requesting the issuance of a withholding

order as described in division (C)(2)(b)(i) of this section is filed, the offender

may receive a hearing on the motion by delivering a written request for a hearing

to the court prior to the expiration of thirty days after the offender's receipt of

the notice provided pursuant to division (C)(2)(b)(i) of this section.  If a request for a hearing is made by the offender within the prescribed time, the

court shall schedule a hearing as soon as possible after the request is made and shall

notify the offender, the specified retirement system, the specified provider under

the alternative retirement plan, or the specified deferred compensation program, or,

if more than one is specified in the motion, the applicable combination of these,

of the date, time, and place of the hearing.  A hearing scheduled under this division shall be limited to a consideration of whether

there is good cause, based on evidence presented by the offender, for the requested

order not to be issued.  If the court determines, based on evidence presented by the offender, that there

is good cause for the order not to be issued, the court shall deny the motion and

shall not issue the requested order.  If the offender does not request a hearing within the prescribed time or if the

court conducts a hearing but does not determine, based on evidence presented by the

offender, that there is good cause for the order not to be issued, the court shall

order the specified retirement system, the specified provider under the alternative

retirement plan, or the specified deferred compensation program, or, if more than

one is specified in the motion, the applicable combination of these, to withhold the

amount required as restitution under division (C)(2)(a) of this section from any payments

to be made under a pension, annuity, or allowance, under a participant account, as

defined in section 148.01 of the Revised Code , under an option in the alternative retirement plan, or under any other type of benefit,

other than a survivorship benefit, that has been or is in the future granted to the

offender, from any payment of accumulated employee contributions standing to the offender's

credit with that retirement system, that provider under the alternative retirement

plan, or that deferred compensation program, or, if more than one is specified in

the motion, the applicable combination of these, and from any payment of any other

amounts to be paid to the offender upon the offender's withdrawal of the offender's

contributions pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of the

Revised Code, and to continue the withholding for that purpose, in accordance with

the order, out of each payment to be made on or after the date of issuance of the

order, until further order of the court.  Upon receipt of an order issued under this division, the public employees retirement

system, the Ohio police and fire pension fund, the state teachers retirement system,

the school employees retirement system, the state highway patrol retirement system,

a municipal corporation retirement system, the provider under the alternative retirement

plan, and the deferred compensation program offered by the public employees retirement

board, a municipal corporation, or a government unit, as defined in section 148.06 of the Revised Code , whichever are applicable, shall withhold the amount required as restitution, in

accordance with the order, from any such payments and immediately shall forward the

amount withheld to the clerk of the court in which the order was issued for payment

to the entity to which restitution is to be made. (iii) Service of a notice required by division (C)(2)(b)(i) or (ii) of this section shall

be effected in the same manner as provided in the Rules of Civil Procedure for the

service of process. (c) Consistent with the ruling of the supreme court of the United States in Kelly v.  Robinson, 479 U.S. 36 (1986) , restitution imposed under division (C)(2)(a) of this section is not dischargeable

under Chapter 7 of the United States Bankruptcy Code pursuant to 11 U.S.C. 523 , as amended. (D) Upon the filing of charges against a person under this section, the prosecutor, as

defined in section 2935.01 of the Revised Code , who is assigned the case shall send written notice that charges have been filed

against that person to the public employees retirement system, the Ohio police and

fire pension fund, the state teachers retirement system, the school employees retirement

system, the state highway patrol retirement system, the provider under an alternative

retirement plan, any municipal corporation retirement system in this state, and the

deferred compensation program offered by the public employees retirement board, a

municipal corporation, or a government unit, as defined in section 148.06 of the Revised Code .  The written notice shall specifically identify the person charged.