Ohio Rev. Code » Chapter 2981
Ohio Revised Code

Ohio Rev. Code § 2981.13 (2026)

Sale of forfeited property - application of proceeds - forfeiture funds

✓ current as of May 2026
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Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
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(A) Except as otherwise provided in this section, property ordered forfeited as contraband, proceeds, or an instrumentality pursuant to this chapter shall be disposed of, used, or sold pursuant to section 2981.12 of the Revised Code. If the property is to be sold under that section, the prosecutor shall cause notice of the proposed sale to be given in accordance with law.

(B) If the contraband or instrumentality forfeited under this chapter is sold, any moneys acquired from a sale and any proceeds forfeited under this chapter shall be applied in the following order:

(1) First, to pay costs incurred in the seizure, storage, maintenance, security, and sale of the property and in the forfeiture proceeding;

(2) Second, in a criminal forfeiture case, to satisfy any restitution ordered to the victim of the offense or, in a civil forfeiture case, to satisfy any recovery ordered for the person harmed, unless paid from other assets;

(3) Third, to pay the balance due on any security interest preserved under this chapter;

(4) Fourth, apply the remaining amounts as follows:

(a) If the forfeiture was ordered by a juvenile court, ten per cent to one or more community addiction services providers as specified in division (D) of section 2981.12 of the Revised Code;

(b) If the forfeiture was ordered in a juvenile court, ninety per cent, and if the forfeiture was ordered in a court other than a juvenile court, one hundred per cent to the law enforcement trust fund of the prosecutor and to the following fund supporting the law enforcement agency that substantially conducted the investigation:

(i) The law enforcement trust fund of the county sheriff, municipal corporation, township, or park district created under section 511.18 or 1545.01 of the Revised Code;

(ii) The state highway patrol contraband, forfeiture, and other fund;

(iii) The department of public safety investigative unit contraband, forfeiture, and other fund;

(iv) The department of taxation enforcement fund;

(v) The board of pharmacy drug law enforcement fund created by division (B)(1) of section 4729.65 of the Revised Code;

(vi) The medicaid fraud investigation and prosecution fund;

(vii) The bureau of criminal identification and investigation asset forfeiture and cost reimbursement fund created by section 109.521 of the Revised Code;

(viii) The casino control commission enforcement fund created by section 3772.36 of the Revised Code;

(ix) The auditor of state investigation and forfeiture trust fund established under section 117.54 of the Revised Code;

(x) The treasurer of state for deposit into the Ohio law enforcement training fund if any other state law enforcement agency substantially conducted the investigation.

In the case of property forfeited for medicaid fraud, any remaining amount shall be used by the attorney general to investigate and prosecute medicaid fraud offenses.

If the prosecutor declines to accept any of the remaining amounts, the amounts shall be applied to the fund of the agency that substantially conducted the investigation.

(c) If more than one law enforcement agency is substantially involved in the seizure of property forfeited under this chapter, the court ordering the forfeiture shall equitably divide the amounts, after calculating any distribution to the law enforcement trust fund of the prosecutor pursuant to division (B)(4) of this section, among the entities that the court determines were substantially involved in the seizure.

(C)(1) A law enforcement trust fund shall be established by the prosecutor of each county who intends to receive any remaining amounts pursuant to this section, by the sheriff of each county, by the legislative authority of each municipal corporation, by the board of township trustees of each township that has a township police department, township or joint police district police force, or office of the constable, and by the board of park commissioners of each park district created pursuant to section 511.18 or 1545.01 of the Revised Code that has a park district police force or law enforcement department, for the purposes of this section.

There is hereby created in the state treasury the state highway patrol contraband, forfeiture, and other fund, the department of public safety investigative unit contraband, forfeiture, and other fund, the medicaid fraud investigation and prosecution fund, and the department of taxation enforcement fund, for the purposes of this section.

Amounts distributed to any municipal corporation, township, or park district law enforcement trust fund shall be allocated from the fund by the legislative authority only to the police department of the municipal corporation, by the board of township trustees only to the township police department, township police district police force, or office of the constable, by the joint police district board only to the joint police district, and by the board of park commissioners only to the park district police force or law enforcement department.

(2)(a) No amounts shall be allocated to a fund under this section or used by an agency unless the agency has adopted a written internal control policy that addresses the use of moneys received from the appropriate fund. The appropriate fund shall be expended only in accordance with that policy and, subject to the requirements specified in this section, only for the following purposes:

(i) To pay the costs of protracted or complex investigations or prosecutions;

(ii) To provide reasonable technical training or expertise;

(iii) To provide matching funds to obtain federal grants to aid law enforcement, in the support of DARE programs or other programs designed to educate adults or children with respect to the dangers associated with the use of drugs of abuse;

(iv) To pay the costs of emergency action taken under section 3745.13 of the Revised Code relative to the operation of an illegal methamphetamine laboratory if the forfeited property or money involved was that of a person responsible for the operation of the laboratory;

(v) For other law enforcement purposes that the superintendent of the state highway patrol, department of public safety, attorney general, auditor of state, prosecutor, county sheriff, legislative authority, department of taxation, Ohio casino control commission, board of township trustees, or board of park commissioners determines to be appropriate.

(b) The board of pharmacy drug law enforcement fund shall be expended only in accordance with the written internal control policy so adopted by the board and only in accordance with section 4729.65 of the Revised Code, except that it also may be expended to pay the costs of emergency action taken under section 3745.13 of the Revised Code relative to the operation of an illegal methamphetamine laboratory if the forfeited property or money involved was that of a person responsible for the operation of the laboratory.

(c) A fund listed in division (B)(4)(b) of this section, other than the Medicaid fraud investigation and prosecution fund, shall not be used to meet the operating costs of the agency, office, or political subdivision that are unrelated to law enforcement.

(d) Forfeited moneys that are paid into the state treasury to be deposited into the Ohio law enforcement training fund pursuant to this section shall be used by the commission only to pay the costs of peace officer training.

(3) Any of the following offices or agencies that receive amounts under this section during any calendar year shall file a report with the specified entity, not later than the thirty-first day of January of the next calendar year, verifying that the moneys were expended only for the purposes authorized by this section or other relevant statute and specifying the amounts expended for each authorized purpose:

(a) Any sheriff or prosecutor shall file the report with the county auditor.

(b) Any municipal corporation police department shall file the report with the legislative authority of the municipal corporation.

(c) Any township police department, township or joint police district police force, or office of the constable shall file the report with the board of township trustees of the township.

(d) Any park district police force or law enforcement department shall file the report with the board of park commissioners of the park district.

(e) The superintendent of the state highway patrol, the auditor of state, and the tax commissioner shall file the report with the attorney general.

(f) The executive director of the state board of pharmacy shall file the report with the attorney general, verifying that cash and forfeited proceeds paid into the board of pharmacy drug law enforcement fund were used only in accordance with section 4729.65 of the Revised Code.

(g) The peace officer training commission shall file a report with the attorney general, verifying that cash and forfeited proceeds paid into the Ohio law enforcement training fund pursuant to this section during the prior calendar year were used by the commission during the prior calendar year only to pay the costs of peace officer training.

(h) The executive director of the Ohio casino control commission shall file the report with the attorney general, verifying that cash and forfeited proceeds paid into the casino control commission enforcement fund were used only in accordance with section 3772.36 of the Revised Code.

(D) The written internal control policy of a county sheriff, prosecutor, municipal corporation police department, township police department, township or joint police district police force, office of the constable, or park district police force or law enforcement department shall provide that at least ten per cent of the first one hundred thousand dollars of amounts deposited during each calendar year in the agency's law enforcement trust fund under this section, and at least twenty per cent of the amounts exceeding one hundred thousand dollars that are so deposited, shall be used in connection with community preventive education programs. The manner of use shall be determined by the sheriff, prosecutor, department, police force, or office of the constable after receiving and considering advice on appropriate community preventive education programs from the county's board of alcohol, drug addiction, and mental health services, from the county's alcohol and drug addiction services board, or through appropriate community dialogue.

The financial records kept under the internal control policy shall specify the amount deposited during each calendar year in the portion of that amount that was used pursuant to this division, and the programs in connection with which the portion of that amount was so used.

As used in this division, "community preventive education programs" include, but are not limited to, DARE programs and other programs designed to educate adults or children with respect to the dangers associated with using drugs of abuse.

(E) Upon the sale, under this section or section 2981.12 of the Revised Code, of any property that is required by law to be titled or registered, the state shall issue an appropriate certificate of title or registration to the purchaser. If the state is vested with title and elects to retain property that is required to be titled or registered under law, the state shall issue an appropriate certificate of title or registration.

(F) Any failure of a law enforcement officer or agency, prosecutor, court, or the attorney general to comply with this section in relation to any property seized does not affect the validity of the seizure and shall not be considered to be the basis for suppressing any evidence resulting from the seizure, provided the seizure itself was lawful.

(G) As used in this section, "Ohio law enforcement training fund" means the state law enforcement training fund described in division (C)(3)(f) of Section 6 of Article XV, Ohio Constitution.

Last updated August 11, 2021 at 12:19 PM

Notes of Decisions
Cited in 14 cases (8 in the last 5 years), 2009–2025 · leading case: State v. Cruise, 923 N.E.2d 702 (Ohio Ct. App. 2009).
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State v. Cruise, 923 N.E.2d 702 (Ohio Ct. App. 2009). · cites it 17× “(“the forfeiture statute”), specifically, R.C. 2981.13. {¶ 5} Whether the provisions of the forfeiture statute permit the trial court to order payment of court costs and attorney fees is a matter of statutory interpretation.”
State v. Martre, 2022 Ohio 639 (Ohio Ct. App. 2022). · cites it 2× “The trial court denied appellant’s request for return of property, finding R.C. 2981.13 barred the return of contraband to appellant.”
State v. Holloway, 2021 Ohio 1843 (Ohio Ct. App. 2021). “12 nor “forfeited as contraband, proceeds or an instrumentality” as required by R.C. 2981.13. The trial court then ordered “the Village of Bradner Police Department return to the Defendant $1,323.”
State v. Freeman, 2022 Ohio 2364 (Ohio Ct. App. 2022). “12 (disposal of unclaimed or forfeited property) and R.C. 2981.13 (sale of forfeited property).”
State ex rel. Mobley v. Witt, 2025 Ohio 868 (Ohio 2025). “{¶ 15} The prosecutor admits in his merit brief that his office manages “a Law Enforcement Trust Fund Account, pursuant to R.C. 2981.13(C), and a Furtherance of Justice Account, pursuant to R.”
In re Forfeiture of Prop. of Louis, 932 N.E.2d 924 (Ohio Ct. App. 2010). “R.C. 2981.13(B)(4)(b). All that may be so.”
State v. Caldwell, 2011 Ohio 5429 (Ohio Ct. App. 2011). · cites it 2× “, concurring) (noting that “Section 2981.13 lists the ways in which forfeited property ‘shall’ be used, and those uses don't include payment of court costs and attorney fees.”
State v. Lenard, 2012 Ohio 1636 (Ohio Ct. App. 2012). “R.C. 2981.13 governs the disposition of “contraband, proceeds, or instrumentalities” of “forfeited property” and provides that it is to be “disposed of, used, or sold.”
State v. Smith, 2012 Ohio 4436 (Ohio Ct. App. 2012). “Both her fourth and fifth assignments of error, however, fail for a more basic reason. Smith has not challenged the jury’s finding that the televisions were subject to forfeiture.”
State ex rel. Mobley v. Witt, 2025 Ohio 868 (Ohio 2025). “{¶ 15} The prosecutor admits in his merit brief that his office manages “a Law Enforcement Trust Fund Account, pursuant to R.C. 2981.13(C), and a Furtherance of Justice Account, pursuant to R.”
State v. Chuppa, 2025 Ohio 3117 (Ohio Ct. App. 2025). “12, R.C. 2981.13, and R.C. 3719.11(A). The mandatory fines were waived.”
State v. White, 2019 Ohio 1264 (Ohio Ct. App. 2019). “12 and R.C. 2981.13) did not apply to White's property because the property was neither unclaimed nor forfeited property.”
Show all 14 citing cases →
— Ohio Rev. Code § 2981.13(A) — 2 cases
State v. Martre, 2022 Ohio 639 (Ohio Ct. App. 2022). “The trial court denied appellant’s request for return of property, finding R.C. 2981.13 barred the return of contraband to appellant.”
State v. Sancho, 2025 Ohio 4717 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2981.13(B) — 1 case
State v. Cruise, 923 N.E.2d 702 (Ohio Ct. App. 2009). “(“the forfeiture statute”), specifically, R.C. 2981.13. {¶ 5} Whether the provisions of the forfeiture statute permit the trial court to order payment of court costs and attorney fees is a matter of statutory interpretation.”
— Ohio Rev. Code § 2981.13(B)(1) — 1 case
State v. Cruise, 923 N.E.2d 702 (Ohio Ct. App. 2009). “(“the forfeiture statute”), specifically, R.C. 2981.13. {¶ 5} Whether the provisions of the forfeiture statute permit the trial court to order payment of court costs and attorney fees is a matter of statutory interpretation.”
— Ohio Rev. Code § 2981.13(B)(4)(b) — 1 case
In re Forfeiture of Prop. of Louis, 932 N.E.2d 924 (Ohio Ct. App. 2010). “R.C. 2981.13(B)(4)(b). All that may be so.”
— Ohio Rev. Code § 2981.13(B)(l) — 1 case
State v. Cruise, 923 N.E.2d 702 (Ohio Ct. App. 2009). “(“the forfeiture statute”), specifically, R.C. 2981.13. {¶ 5} Whether the provisions of the forfeiture statute permit the trial court to order payment of court costs and attorney fees is a matter of statutory interpretation.”
— Ohio Rev. Code § 2981.13(C) — 2 cases
State ex rel. Mobley v. Witt, 2025 Ohio 868 (Ohio 2025). “{¶ 15} The prosecutor admits in his merit brief that his office manages “a Law Enforcement Trust Fund Account, pursuant to R.C. 2981.13(C), and a Furtherance of Justice Account, pursuant to R.”
State ex rel. Mobley v. Witt, 2025 Ohio 868 (Ohio 2025). “{¶ 15} The prosecutor admits in his merit brief that his office manages “a Law Enforcement Trust Fund Account, pursuant to R.C. 2981.13(C), and a Furtherance of Justice Account, pursuant to R.”
— Ohio Rev. Code § 2981.13(C)(1) — 1 case
State v. Cruise, 923 N.E.2d 702 (Ohio Ct. App. 2009). “(“the forfeiture statute”), specifically, R.C. 2981.13. {¶ 5} Whether the provisions of the forfeiture statute permit the trial court to order payment of court costs and attorney fees is a matter of statutory interpretation.”
— Ohio Rev. Code § 2981.13(C)(2) — 1 case
State v. Cruise, 923 N.E.2d 702 (Ohio Ct. App. 2009). “(“the forfeiture statute”), specifically, R.C. 2981.13. {¶ 5} Whether the provisions of the forfeiture statute permit the trial court to order payment of court costs and attorney fees is a matter of statutory interpretation.”
— Ohio Rev. Code § 2981.13(C)(3) — 1 case
State v. Cruise, 923 N.E.2d 702 (Ohio Ct. App. 2009). “(“the forfeiture statute”), specifically, R.C. 2981.13. {¶ 5} Whether the provisions of the forfeiture statute permit the trial court to order payment of court costs and attorney fees is a matter of statutory interpretation.”
— Ohio Rev. Code § 2981.13(D) — 1 case
State v. Cruise, 923 N.E.2d 702 (Ohio Ct. App. 2009). “(“the forfeiture statute”), specifically, R.C. 2981.13. {¶ 5} Whether the provisions of the forfeiture statute permit the trial court to order payment of court costs and attorney fees is a matter of statutory interpretation.”
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