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PLACED ON lST READING & ~v~ THE RULES &
<br />ORDINANCES CMTE 2/19/02, .~u~2' R~AD~G3/4/02.
<br />
<br />ORDINANCE NO. 44-02
<br />
<br />BY: Corrigan, Dunn, FitzGerald,
<br />George, Roth, Seelie, Sktndell.
<br />
<br /> AN ORDINANCE to a mend section 545.02, Determining Property Value in Theft
<br />Offense, of the Codified Ordinances of the City of Lakewood for the purpose of
<br />remaining consistent with the Ohio Revised Code.
<br />
<br /> WHEREAS, this ordinance is necesSary for the public health, welfare and safety.
<br />Now therefore,
<br />
<br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO
<br />
<br /> Section 1. That section 545.02, Determining Property Value in Theft Offense,
<br />of the Codified Ordinances of the City of Lakewood currenUy reading as follows:
<br />
<br /> 545.02 DETERMINING PROPERTY VALUE IN THEFT OFFENSE.
<br /> (a) Where more than one item of property.or services is involved in a theft
<br />offense, the value of the property, or services involved for the purpose of determining
<br />the value is the aggregate'value or all property or services involved ~n the offense.
<br />
<br /> (b) When a series of offenses under Section 545.05 is committed by the
<br />offender in his same employment, capacity or relationship to another, all such offenses
<br />shall be tried as a single offense, and the value of the property or services involved for
<br />the purpose of determining the value is the aggregate value of all property and services
<br />involved in all offenses in the series. In prosecuting a single offense, under this
<br />subsection, it is not necessary to separately allege and prove each offense in the series.
<br />It is sufficient to. allege and prove that the offender, within a given span of time
<br />committed one or more thee offenses in his same employment, capacity or relationship
<br />to another.
<br />
<br />shall be and is hereby amended to read as follows:
<br />
<br />545.02 DETERMINING PROPERTY VALUE IN THEFT OFFENSE.
<br />
<br />(a) ...
<br />
<br />(b) (1) When a series of offenses under Section 545.05,'or a series of violations
<br /> of, attempts to commit a violation of, conspiracies to violate, or cOmplicity in
<br /> violations of Section 545.05, 545.06, or 545.08, 545.Z0(b)(1) or (2), or
<br /> Section 545.15 or 545.20 involving a victim who is an elderly person or
<br /> disabled adult, is committed by the offender in, his same employment,
<br /> capacity or relationship to another, all of those bffenses shall be tried as a
<br /> single offense. The value of the property or services involved for the purpose
<br /> of determining the value is the aggregate value of all property and services
<br /> ]nvolved in all offenses in,the series.
<br />
<br /> 2) If an offender commits a series of..-~ offenses under Section 545.05 that
<br /> nvolves a common course of conduct to defraud multiple victims, all of the
<br /> offenses may be tried asa single offense. If an offender is being tried for the
<br /> commission of a series of violations of, attempts to commit a violation of,
<br /> conspiracies to violate, or'complicity in violaUons of Section 545.05, 545.06 or
<br /> 545.08, Section 545.10(b)(1) or (2), or Section 545.15 or 545.20, whether
<br /> committed against one victim or more than one victim, involving a victim who
<br /> is an elderly person or disabled adult, pursuant to a scheme or course of
<br /> conduct, all of those offenses may be tried as a single offense. If the offenses
<br /> are tried as a single offense, the value of the property or services involved for
<br /> the purpose of determining the value is the aggregate value of all property
<br /> and services involved in all of the offenses in the course of conduct.
<br />
<br />
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