As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 471 5
1997-1998 6
REPRESENTATIVE METZGER 8
10
A B I L L
To amend section 2743.51 of the Revised Code to 12
permit a minor child or surviving spouse of a 13
deceased crime victim to receive an award of 14
reparations based on a dependent's economic loss 15
and replacement services loss even if the child 16
is adopted or the spouse remarries. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That section 2743.51 of the Revised Code be 20
amended to read as follows: 21
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of 30
the Revised Code: 31
(A) "Claimant" means both of the following categories of 33
persons: 34
(1) Any of the following persons who claim an award of 36
reparations under sections 2743.51 to 2743.72 of the Revised 37
Code: 38
(a) A victim who was one of the following at the time of 40
the criminally injurious conduct: 41
(i) A resident of the United States; 43
(ii) A resident of a foreign country the laws of which 45
permit residents of this state to recover compensation as victims 46
of offenses committed in that country. 47
(b) A dependent of a deceased victim who is described in 49
division (A)(1)(a) of this section; 50
(c) A third person, other than a collateral source, who 52
legally assumes or voluntarily pays the obligations of a victim, 53
2
or of a dependent of a victim, who is described in division 54
(A)(1)(a) of this section, which obligations are incurred as a 55
result of the criminally injurious conduct that is the subject of 56
the claim and may include, but are not limited to, medical or 57
burial expenses; 58
(d) A person who is authorized to act on behalf of any 60
person who is described in division (A)(1)(a), (b), or (c) of 61
this section. 62
(2) Any of the following persons who claim an award of 64
reparations under sections 2743.51 to 2743.72 of the Revised 65
Code: 66
(a) A victim who had a permanent place of residence within 68
this state at the time of the criminally injurious conduct and 69
who, at the time of the criminally injurious conduct, complied 70
with any one of the following: 71
(i) Had a permanent place of employment in this state; 73
(ii) Was a member of the regular armed forces of the 75
United States or of the United States coast guard or was a 76
full-time member of the Ohio organized militia or of the United 77
States army reserve, naval reserve, or air force reserve; 78
(iii) Was retired and receiving social security or any 80
other retirement income; 81
(iv) Was sixty years of age or older; 83
(v) Was temporarily in another state for the purpose of 85
receiving medical treatment; 86
(vi) Was temporarily in another state for the purpose of 88
performing employment-related duties required by an employer 89
located within this state as an express condition of employment 90
or employee benefits; 91
(vii) Was temporarily in another state for the purpose of 93
receiving occupational, vocational, or other job-related training 94
or instruction required by an employer located within this state 95
as an express condition of employment or employee benefits; 96
(viii) Was a full-time student at an academic institution, 98
3
college, or university located in another state; 99
(ix) Had not departed the geographical boundaries of this 101
state for a period exceeding thirty days or with the intention of 102
becoming a citizen of another state or establishing a permanent 103
place of residence in another state. 104
(b) A dependent of a deceased victim who is described in 106
division (A)(2)(a) of this section; 107
(c) A third person, other than a collateral source, who 109
legally assumes or voluntarily pays the obligations of a victim, 110
or of a dependent of a victim, who is described in division 111
(A)(2)(a) of this section, which obligations are incurred as a 112
result of the criminally injurious conduct that is the subject of 113
the claim and may include, but are not limited to, medical or 114
burial expenses; 115
(d) A person who is authorized to act on behalf of any 117
person who is described in division (A)(2)(a), (b), or (c) of 118
this section. 119
(B) "Collateral source" means a source of benefits or 121
advantages for economic loss otherwise reparable that the victim 122
or claimant has received, or that is readily available to the 123
victim or claimant, from any of the following sources: 124
(1) The offender; 126
(2) The government of the United States or any of its 128
agencies, a state or any of its political subdivisions, or an 129
instrumentality of two or more states, unless the law providing 130
for the benefits or advantages makes them excess or secondary to 131
benefits under sections 2743.51 to 2743.72 of the Revised Code; 132
(3) Social security, medicare, and medicaid; 134
(4) State-required, temporary, nonoccupational disability 136
insurance; 137
(5) Workers' compensation; 139
(6) Wage continuation programs of any employer; 141
(7) Proceeds of a contract of insurance payable to the 143
victim for loss that the victim sustained because of the 144
4
criminally injurious conduct; 146
(8) A contract providing prepaid hospital and other health 148
care services, or benefits for disability; 149
(9) That portion of the proceeds of all contracts of 151
insurance payable to the claimant on account of the death of the 152
victim that exceeds fifty thousand dollars; 153
(10) Any compensation recovered or recoverable under the 155
laws of another state, district, territory, or foreign country 156
because the victim was the victim of an offense committed in that 157
state, district, territory, or country. 158
"Collateral source" does not include any money, or the 160
monetary value of any property, that is subject to sections 161
2969.01 to 2969.06 of the Revised Code. 162
(C) "Criminally injurious conduct" means either of the 164
following: 165
(1) For the purposes of any person described in division 167
(A)(1) of this section, any conduct that occurs or is attempted 168
in this state; poses a substantial threat of personal injury or 169
death; and is punishable by fine, imprisonment, or death, or 170
would be so punishable but for the fact that the person engaging 171
in the conduct lacked capacity to commit the crime under the laws 172
of this state. Criminally injurious conduct does not include 173
conduct arising out of the ownership, maintenance, or use of a 174
motor vehicle, except when any of the following applies: 175
(a) The person engaging in the conduct intended to cause 177
personal injury or death; 178
(b) The person engaging in the conduct was using the 180
vehicle to flee immediately after committing a felony or an act 181
that would constitute a felony but for the fact that the person 182
engaging in the conduct lacked the capacity to commit the felony 183
under the laws of this state; 184
(c) The person engaging in the conduct was using the 186
vehicle in a manner that constitutes an OMVI violation; 187
(d) The conduct occurred on or after July 25, 1990, and 189
5
the person engaging in the conduct was using the vehicle in a 190
manner that constitutes a violation of section 2903.08 of the 191
Revised Code. 192
(2) For the purposes of any person described in division 194
(A)(2) of this section, any conduct that occurs or is attempted 195
in another state, district, territory, or foreign country; poses 196
a substantial threat of personal injury or death; and is 197
punishable by fine, imprisonment, or death, or would be so 198
punishable but for the fact that the person engaging in the 199
conduct lacked capacity to commit the crime under the laws of the 200
state, district, territory, or foreign country in which the 201
conduct occurred or was attempted. Criminally injurious conduct 202
does not include conduct arising out of the ownership, 203
maintenance, or use of a motor vehicle, except when any of the 204
following applies: 205
(a) The person engaging in the conduct intended to cause 207
personal injury or death; 208
(b) The person engaging in the conduct was using the 210
vehicle to flee immediately after committing a felony or an act 211
that would constitute a felony but for the fact that the person 212
engaging in the conduct lacked the capacity to commit the felony 213
under the laws of the state, district, territory, or foreign 214
country in which the conduct occurred or was attempted; 215
(c) The person engaging in the conduct was using the 217
vehicle in a manner that constitutes an OMVI violation; 218
(d) The conduct occurred on or after July 25, 1990, the 220
person engaging in the conduct was using the vehicle in a manner 221
that constitutes a violation of any law of the state, district, 222
territory, or foreign country in which the conduct occurred, and 223
that law is substantially similar to a violation of section 224
2903.08 of the Revised Code. 225
(D) "Dependent" means an individual wholly or partially 227
dependent upon the victim for care and support, and includes a 228
child of the victim born after the victim's death. 229
6
(E) "Economic loss" means economic detriment consisting 231
only of allowable expense, work loss, funeral expense, 232
unemployment benefits loss, and replacement services loss. If 233
criminally injurious conduct causes death, economic loss includes 234
a dependent's economic loss and a dependent's replacement 235
services loss. Noneconomic detriment is not economic loss; 236
however, economic loss may be caused by pain and suffering or 237
physical impairment. 238
(F) "Allowable expense" means reasonable charges incurred 240
for reasonably needed products, services, and accommodations, 241
including those for medical care, rehabilitation, rehabilitative 242
occupational training, and other remedial treatment and care and 243
including replacement costs for eyeglasses and other corrective 244
lenses. It does not include that portion of a charge for a room 245
in a hospital, clinic, convalescent home, nursing home, or any 246
other institution engaged in providing nursing care and related 247
services in excess of a reasonable and customary charge for 248
semiprivate accommodations, unless accommodations other than 249
semiprivate accommodations are medically required. 250
(G) "Work loss" means loss of income from work that the 252
injured person would have performed if the person had not been 254
injured and expenses reasonably incurred by the person to obtain 255
services in lieu of those the person would have performed for 257
income, reduced by any income from substitute work actually 259
performed by the person, or by income the person would have 261
earned in available appropriate substitute work that the person 263
was capable of performing but unreasonably failed to undertake. 265
(H) "Replacement services loss" means expenses reasonably 267
incurred in obtaining ordinary and necessary services in lieu of 268
those the injured person would have performed, not for income, 269
but for the benefit of the person's self or family, if the person 271
had not been injured. 272
(I) "Dependent's economic loss" means loss after a 274
victim's death of contributions of things of economic value to 275
7
the victim's dependents, not including services they would have 277
received from the victim if the victim had not suffered the fatal 278
injury, less expenses of the dependents avoided by reason of the 279
victim's death. IF A MINOR CHILD OF A VICTIM IS ADOPTED AFTER 280
THE VICTIM'S DEATH, THE MINOR CHILD CONTINUES AFTER THE ADOPTION 281
TO INCUR A DEPENDENT'S ECONOMIC LOSS AS A RESULT OF THE VICTIM'S 282
DEATH. IF THE SURVIVING SPOUSE OF A VICTIM REMARRIES, THE 283
SURVIVING SPOUSE CONTINUES AFTER THE REMARRIAGE TO INCUR A
DEPENDENT'S ECONOMIC LOSS AS A RESULT OF THE VICTIM'S DEATH. 284
(J) "Dependent's replacement services loss" means loss 286
reasonably incurred by dependents after a victim's death in 287
obtaining ordinary and necessary services in lieu of those the 288
victim would have performed for their benefit if the victim had 290
not suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in 291
calculating the dependent's economic loss. IF A MINOR CHILD OF A 292
VICTIM IS ADOPTED AFTER THE VICTIM'S DEATH, THE MINOR CHILD 293
CONTINUES AFTER THE ADOPTION TO INCUR A DEPENDENT'S REPLACEMENT 294
SERVICES LOSS AS A RESULT OF THE VICTIM'S DEATH. IF THE 295
SURVIVING SPOUSE OF A VICTIM REMARRIES, THE SURVIVING SPOUSE
CONTINUES AFTER THE REMARRIAGE TO INCUR A DEPENDENT'S REPLACEMENT 296
SERVICES LOSS AS A RESULT OF THE VICTIM'S DEATH. 297
(K) "Noneconomic detriment" means pain, suffering, 299
inconvenience, physical impairment, or other nonpecuniary damage. 300
(L) "Victim" means a person who suffers personal injury or 302
death as a result of any of the following: 303
(1) Criminally injurious conduct; 305
(2) The good faith effort of any person to prevent 307
criminally injurious conduct; 308
(3) The good faith effort of any person to apprehend a 310
person suspected of engaging in criminally injurious conduct. 311
(M) "Contributory misconduct" means any conduct of the 313
claimant or of the victim through whom the claimant claims an 314
award of reparations that is unlawful or intentionally tortious 315
8
and that, without regard to the conduct's proximity in time or 316
space to the criminally injurious conduct, has a causal 317
relationship to the criminally injurious conduct that is the 318
basis of the claim. 319
(N) "Funeral expense" means any reasonable charges that 321
are not in excess of two thousand five hundred dollars and that 322
are incurred for expenses directly related to the victim's 323
funeral, cremation, or burial. 324
(O) "Unemployment benefits loss" means a loss of 326
unemployment benefits pursuant to Chapter 4141. of the Revised 327
Code when the loss arises solely from the inability of a victim 328
to meet the able to work, available for suitable work, or the 329
actively seeking suitable work requirements of division (A)(4)(a) 330
of section 4141.29 of the Revised Code. 331
(P) "OMVI violation" means any of the following: 333
(1) A violation of section 4511.19 of the Revised Code, of 335
any municipal ordinance prohibiting the operation of a vehicle 336
while under the influence of alcohol, a drug of abuse, or alcohol 337
and a drug of abuse, or of any municipal ordinance prohibiting 338
the operation of a vehicle with a prohibited concentration of 339
alcohol in the blood, breath, or urine; 340
(2) A violation of section 2903.06 of the Revised Code, if 342
the offender was under the influence of alcohol, a drug of abuse, 343
or alcohol and a drug of abuse, at the time of the commission of 344
the offense; 345
(3) A violation of section 2903.07 of the Revised Code or 347
of a municipal ordinance substantially similar to that section, 348
if the offender was under the influence of alcohol, a drug of 349
abuse, or alcohol and a drug of abuse, at the time of the 350
commission of the offense; 351
(4) For purposes of any person described in division 353
(A)(2) of this section, a violation of any law of the state, 354
district, territory, or foreign country in which the criminally 355
injurious conduct occurred, if that law is substantially similar 356
9
to a violation described in division (P)(1) of this section or if 357
that law is substantially similar to a violation described in 358
division (P)(2) or (3) of this section and the offender was under 359
the influence of alcohol, a drug of abuse, or alcohol and a drug 360
of abuse, at the time of the commission of the offense. 361
(Q) "Pendency of the claim" for an original reparations 363
application or supplemental reparations application means the 364
period of time from the date the criminally injurious conduct 365
upon which the application is based occurred until the date a 366
final order from the court of claims concerning that original 367
reparations application or supplemental reparations application 368
is issued.
Section 2. That existing section 2743.51 of the Revised 370
Code is hereby repealed. 371