(a) Property that has been lost, abandoned, stolen, seized pursuant to a search warrant, or lawfully seized or otherwise forfeited, and that is in the custody of a law enforcement agency, shall be safely kept pending the time it is no longer needed as evidence, and shall be disposed of pursuant to this section. Every law enforcement agency that has lost, abandoned, stolen, seized, or forfeited property in its custody, except for property to be disposed of under subsection (d)(4) hereof, shall maintain an accurate record of each item of the property, which record shall include the date on which each item of property came into the agency's custody, the manner in which it was disposed of, the date of its disposition, and the name of the person who received the property if it was not destroyed. The record of any property that is no longer needed as evidence shall be open to public inspection during the agency's regular business hours.
(b) The law enforcement agency shall make a reasonable effort to locate the persons entitled to possession of property in its custody, to notify them of when and where it may be claimed, and to return the property to them. In the absence of evidence identifying persons entitled to custody, it is sufficient notice to advertise in a newspaper of general circulation in the county, briefly, describing the nature of the property in custody, and inviting persons to view and establish their right to it.
(c) A person loses any right he may have to the possession of property if either of the following apply:
(1) The property was the subject, or was used in a conspiracy or attempt to commit, or in the commission, of an offense other than a traffic offense, and such person is a conspirator, accomplice, or offender with respect to the offense;
(2) When a court determines that the property should be forfeited because, in light of the nature of the property or the circumstances of such person, it is unlawful for him to acquire or possess the property.
(d) Unclaimed or forfeited property in the custody of a law enforcement agency, shall be disposed of on application to and order of any court of record that has territorial jurisdiction over the political subdivision in which the law enforcement agency has jurisdiction to engage in law enforcement activities, as follows:
(1) Drugs shall be destroyed, or shall be placed in the custody of the secretary of the treasury of the United States for disposal or use for medical or scientific purposes under applicable federal law.
(2) Firearms and dangerous ordnance suitable for police work may be given to a law enforcement agency for that purpose. Firearms suitable for sporting use, or as museum pieces or collectors' items, may be sold at public auction pursuant to subsection (d)(7) hereof. Other firearms and dangerous ordnance shall be destroyed.
(3) Obscene materials shall be destroyed.
(4) Beer, intoxicating liquor, or alcohol seized from a person who is not the holder of a permit issued under Ohio R.C. Chapters 4301 and 4303 or is an offender, and forfeited to the state under Ohio R.C. 4301.45 or 4301.53 shall be sold by the department of liquor control, if the department determines that the beer, intoxicating liquor, or alcohol is fit for sale. If any tax imposed under Ohio R.C. Title Forty-Three has not been paid in relation to the beer, intoxicating liquor, or alcohol, the proceeds of the sale shall first be used to pay the tax. All other money collected under subsection (d)(4) hereof of this section shall be paid into the state treasury. Any such beer, intoxicating liquor, or alcohol that the department determines to be unfit for sale shall be destroyed.
(5) Money received by an inmate of a correctional institution from an unauthorized source or in an unauthorized manner shall be returned to the sender, if known, or deposited in the inmates' industrial and entertainment fund if the sender is not known.
(6) Vehicle and vehicle parts forfeited under Ohio R.C. 4549.61 to 4549.63 may be given to a law enforcement agency for use in the performance of its duties. Such parts may be incorporated into any other official vehicle. Parts that do not bear vehicle identification numbers or derivatives thereof may be sold or disposed of as provided by rules of the director of highway safety. Parts from which a vehicle identification number or derivative thereof has been removed, defaced, covered, altered, or destroyed and that are not suitable for police work or incorporation into an official vehicle shall be destroyed and sold as junk or scrap.
(7) Other unclaimed or forfeited property may be sold at public auction, or disposed of in another manner that the court considers proper in the circumstances.
(e) (1) Except as provided in subsections (d)(4), (5), and (e)(2) hereof, the proceeds from property disposed of pursuant to this section shall be placed in the general fund of the state, the county, the township, or the municipal corporation, of which the law enforcement agency involved is an agency.
(2) Each board of county commissioners that recognizes a citizens' reward program as provided in Ohio R.C. 9.92 shall notify each law enforcement agency of that county and each law enforcement agency of a township or municipal corporation wholly located in that county of the official recognition of the citizens' reward program by filing a copy of its resolution conferring such recognition with each such law enforcement agency. When the board of county commissioners of a county recognizes a citizen's reward program and the county includes a part but not all of the territory of a municipal corporation, the board shall so notify the law enforcement agency of that munipal corporation of the official recognition of the citizens' reward program only if the county contains the highest percentage of the municipal corporation's population. Upon receipt of such notice each law enforcement agency shall pay twenty-five percent (25%) of the proceeds from each sale of property disposed of pursuant to this section to the citizens' reward program for use exclusively for the payment of rewards. No part of such funds may be used to pay for the administrative expenses or any other expense associated with a reward program. If a citizens' reward program which operates in more than one county or in another state or states in addition to Ohio receives funds pursuant to this section, the funds shall be used to pay rewards only for tips and information to law enforcement agencies concerning felonies, offenses of violence, or misdemeanors that have been committed in the county from which the funds were received.
(f) This section does not apply to the collection, storage, or disposal of abandoned junk motor vehicles. This section shall not be construed to rescind or restrict the authority of a municipal law enforcement agency to keep and dispose of lost, abandoned, stolen, seized, or forfeited property under an ordinance of the municipal corporation, provided that when a municipal corporation that has received notice as provided in subsection (e)(2) hereof disposes of property under such an ordinance it shall pay twenty-five percent (25%) of the proceeds from any sale or auction to the citizens' reward program as provided under subsection (e)(2) of this section.
(g) The receipt of funds by a citizens' reward program pursuant to subsection (e) hereof does not make it a governmental unit for purposes of Ohio R.C. 149.43 and does not subject it to the disclosure provisions of that section.
(h) For purposes of this section, "law enforcement agency" includes correctional institutions. As used in this section, "citizens' reward program" has the same meaning as in Ohio R.C. 9.92.
(ORC 2933.41)