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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 /> <br />