Effective: January 1, 1999
Latest Legislation: House Bill 2 - 122nd General Assembly
(A) When directed by the governor or general assembly, the attorney general may investigate any organized criminal activity in this state. When it appears to the attorney general, as a result of an investigation conducted pursuant to this division, that there is cause to prosecute for the commission of a crime, the attorney general shall refer the evidence to the prosecuting attorney having jurisdiction of the matter, to a regular grand jury drawn and impaneled pursuant to sections 2939.01 to 2939.24 of the Revised Code, or to a special grand jury drawn and impaneled pursuant to section 2939.17 of the Revised Code. When the crime or the elements of the crime were committed in two or more counties, the referral shall be to the prosecuting attorney, the regular grand jury, or a special grand jury of the county in which the most significant portion of the crime or the elements of the crime occurred or, if it is not possible to determine that county, the county with the largest population. When evidence is referred directly to a grand jury pursuant to this section, the attorney general and any assistant or special counsel designated by the attorney general has the exclusive right to appear at any time before the grand jury to give information relative to a legal matter cognizable by it, or to advise upon a legal matter when required, and may exercise all rights, privileges, and powers of prosecuting attorneys in such cases.
(B)(1) When information is referred to the attorney general by an organized crime task force or the organized crime investigations commission pursuant to section 177.03 of the Revised Code, the attorney general shall review the information so referred and upon a determination that there is cause to prosecute for the commission of a crime, the attorney general either shall refer the information as evidence to a regular or special grand jury in the manner described in, and in the county determined in accordance with the provisions of, division (A) of this section or shall initiate a criminal action or proceeding in a court of proper jurisdiction. If an indictment is returned by a grand jury pursuant to a referral made under this division, the attorney general has sole responsibility to prosecute the accused offender.
(2) The attorney general, and any assistant or special counsel designated by the attorney general who appears under this division in any county for the prosecution of any crime has the same powers and authority as a prosecuting attorney, including, but not limited to, powers relating to attendance before the courts and grand juries of the county, preparation and trial of indictments for crimes, and representation of the state in any criminal proceeding, in any civil proceeding related to the crime, or in any appeal from a criminal case or from a civil case related to the crime in any court of this state.
(C) When proceeding under the authority of this section, the attorney general may appear for the state in any court or tribunal of proper jurisdiction for the purpose of conducting investigations under division (A) of this section, or for the purpose of conducting criminal proceedings, civil proceedings, or any other proceeding that is necessary to promote and safeguard the public interests of the citizens of this state.
(D) This section shall not be construed to prevent the attorney general and prosecuting attorneys or special prosecutors from cooperating in the investigation and prosecution of offenses under this section. However, in cases in which information was referred to the attorney general by an organized crime task force because the office of a prosecuting attorney was implicated by an investigation conducted by the task force, the attorney general shall not inform the implicated prosecutor of the investigation or referral and shall not cooperate with the prosecutor on the matter.
(E) As used in this section, "organized criminal activity" has the same meaning as in section 177.01 of the Revised Code.
Structure Ohio Revised Code
Chapter 109 | Attorney General
Section 109.01 | Election - Term.
Section 109.02 | Duties as Chief Law Officer.
Section 109.03 | Appointment of Assistant Attorney General and Chief Counsel - Duties.
Section 109.04 | Powers and Duties of First Assistant Attorney General.
Section 109.07 | Special Counsel.
Section 109.08 | Special Counsel to Collect Claims.
Section 109.081 | Attorney General Claims Fund.
Section 109.082 | Problem Resolution Officers for Tax Collection Complaints.
Section 109.09 | Action on Official Bonds.
Section 109.10 | Proceedings in Quo Warranto.
Section 109.11 | Attorney General Reimbursement Fund.
Section 109.111 | Attorney General Court Order Fund.
Section 109.112 | Notice of Receipt of Funds; Disposition of Funds.
Section 109.12 | Legal Advice to State Officers and Boards.
Section 109.121 | Real Property Title Review and Opinion.
Section 109.122 | Review of Entertainment or Sponsorship Contracts of Expositions Commission.
Section 109.13 | General Assembly May Require Written Opinions.
Section 109.14 | Attorney General Shall Advise Prosecuting Attorneys and Township Law Directors.
Section 109.15 | Forms of Contracts.
Section 109.16 | Suits May Be Brought in Franklin County.
Section 109.17 | Writs in Other Counties.
Section 109.18 | Service by Publication.
Section 109.19 | Security for Costs and Verification of Pleadings.
Section 109.20 | Actions to Be Taken Out of Their Order.
Section 109.21 | Moneys Paid Into General Revenue Fund.
Section 109.22 | Registers Shall Be Kept.
Section 109.23 | Charitable Trust Defined.
Section 109.231 | Prohibited Administrative Acts.
Section 109.232 | Amendment of Governing Instrument of Trust.
Section 109.24 | Investigating Transactions and Relationships of Trustees of Charitable Trust.
Section 109.25 | Attorney General Is Necessary Party to Charitable Trust Proceedings.
Section 109.26 | Registration of Charitable Trusts.
Section 109.27 | Administrative Rules.
Section 109.28 | Inspection of Register of Charitable Trusts.
Section 109.29 | Courts to Furnish Information Relating to Charitable Trusts.
Section 109.31 | Trustee's Annual Report to Attorney General.
Section 109.32 | Charitable Law Fund.
Section 109.34 | Notice of Transactions by Nonprofit Health Care Entity.
Section 109.35 | Approval or Disapproval of Proposed Transactions.
Section 109.36 | Defense of Officers and Employees Definitions.
Section 109.361 | Defense of State Officer or Employee in Civil Action.
Section 109.363 | Employer to Provide Written Report and Information.
Section 109.364 | Denial of Representation.
Section 109.365 | Information Obtained Is Privileged.
Section 109.366 | Administrative Rules.
Section 109.37 | Legal Representation of Correctional Employee.
Section 109.40 | Compilation of Statutes Relative to Obscenity.
Section 109.41 | Claiming Escheated Property.
Section 109.42 | Compilation of Statutes Relative to Victim's Rights.
Section 109.43 | Public Records Training Programs - Model Public Records Policy.
Section 109.46 | Domestic Violence Program Fund.
Section 109.51 | Bureau of Criminal Identification and Investigation Created.
Section 109.511 | Felony Conviction Precludes or Terminates Employment.
Section 109.52 | Operation and Maintenance of Bureau.
Section 109.53 | Equipment of Bureau.
Section 109.54 | Cooperation of Other Governmental Agencies.
Section 109.541 | Powers and Duties of Bureau.
Section 109.542 | Investigative Personnel Are Peace Officers.
Section 109.55 | Coordination of Law Enforcement Work and Crime Prevention Activities.
Section 109.57 | Duties of Superintendent.
Section 109.571 | National Crime Prevention and Privacy Compact.
Section 109.572 | Criminal Records Check.
Section 109.573 | DNA Laboratory - Databases.
Section 109.574 | Volunteers Have Unsupervised Access to Children Definitions.
Section 109.575 | Information Provided by Volunteers Having Access to Children.
Section 109.576 | Notice of Volunteer's Conviction.
Section 109.577 | Immunity From Civil Liability.
Section 109.578 | Criminal Records Check.
Section 109.579 | Criminal Records Check.
Section 109.5721 | Retained Applicant Fingerprint Database.
Section 109.58 | Standard Fingerprint Impression Sheet.
Section 109.59 | Fingerprint Impressions and Other Descriptive Measurements.
Section 109.60 | Forwarding Fingerprints and Descriptions to Bureau - Annual Methamphetamine Report.
Section 109.61 | Sheriff or Chief of Police to Forward Information to Bureau.
Section 109.63 | Superintendent May Testify.
Section 109.65 | Missing Children Clearinghouse - Missing Children Fund.
Section 109.66 | Publication of Statistical Data on Trafficking in Persons.
Section 109.68 | Establishment of Statewide Sexual Assault Examination Kit Tracking System.
Section 109.69 | Reciprocity Agreement.
Section 109.71 | Ohio Peace Officer Training Commission Created - Definitions.
Section 109.72 | Members - Organization.
Section 109.73 | Rule Recommendations.
Section 109.731 | Prescribed Forms.
Section 109.74 | Attorney General May Adopt and Promulgate Rules and Regulations.
Section 109.742 | Rules Governing Training of Peace Officers in Crisis Intervention.
Section 109.743 | Administrative Rules.
Section 109.745 | Training for Investigating and Handling Crime of Trafficking in Persons.
Section 109.746 | Public Awareness Programs Regarding Trafficking in Persons.
Section 109.748 | Rules Governing the Training of Tactical Medical Professionals to Carry Firearms.
Section 109.749 | Training Materials on Restraining or Confining Pregnant Children or Women.
Section 109.75 | Powers and Duties of Peace Officer Training Commission Executive Director.
Section 109.752 | Sheriff Attending Peace Officer Basic Training Programs.
Section 109.76 | Peace Officers Not Exempted From Civil Service.
Section 109.761 | Reports of Appointment to Peace Officer Training Commission.
Section 109.77 | Certificate of Completion of Basic Training Program Necessary for Appointment.
Section 109.771 | Authority of Tactical Medical Professionals to Carry Firearms.
Section 109.79 | Ohio Peace Officer Training Academy.
Section 109.80 | Basic Training Course for Sheriffs - Continuing Education.
Section 109.801 | Annual Firearms Requalification Program.
Section 109.803 | Continuing Professional Training for Peace Officers and Troopers.
Section 109.804 | Chief of Police Training Course; Equivalency; Deferral.
Section 109.81 | Antitrust Cases - Appointment of Special Counsel.
Section 109.82 | Antitrust Section - Fund.
Section 109.83 | Investigating Organized Criminal Activity.
Section 109.84 | Investigation and Prosecution of Violation of Workers Compensation Law.
Section 109.85 | Investigation and Prosecution of Violation of Medicaid Law.
Section 109.86 | Investigation and Prosecution of Patient Abuse or Neglect.
Section 109.87 | Acts or Practices in Violation of Federal Telemarketing Laws.
Section 109.88 | Investigation, Prosecution of Telecommunications and Telemarketing Fraud.
Section 109.89 | Access and Use of National Precursor Log Exchange Information.
Section 109.90 | Collaboration in Establishment and Administration of Drug Take-Back Program.
Section 109.91 | Crime Victims Assistance Office - State Victims Assistance Advisory Council.
Section 109.92 | State Financial Assistance to Victim Assistance Programs That Operate in State.
Section 109.921 | Rape Crisis Program Trust Fund.
Section 109.93 | Attorney General Education Fund.
Section 109.94 | Attorney General May Issue Identity Fraud Passport to Victim.
Section 109.941 | Technical Assistance Regarding Identity Fraud Crimes.
Section 109.95 | Criminal Proceedings for Election Fraud.
Section 109.97 | Capital Case Status Report.
Section 109.98 | Civil Action Against State Retirement Board Member for Breach of Fiduciary Duty.
Section 109.981 | Civil Action Against Workers' Compensation Oversight Commission Member.