As Reported by the House Criminal Justice Committee 1
122nd General Assembly 4
Regular Session H. B. No. 471 5
1997-1998 6
REPRESENTATIVES METZGER-MASON-WOMER BENJAMIN-GARCIA-MYERS- 8
FORD-LUCAS-SUTTON 9
11
A B I L L
To amend section 2743.51 of the Revised Code to 13
permit a minor child or surviving spouse of a 14
deceased crime victim to receive an award of 15
reparations based on a dependent's economic loss 16
and replacement services loss even if the child 17
is adopted or the spouse remarries. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That section 2743.51 of the Revised Code be 21
amended to read as follows: 22
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of 31
the Revised Code: 32
(A) "Claimant" means both of the following categories of 34
persons: 35
(1) Any of the following persons who claim an award of 37
reparations under sections 2743.51 to 2743.72 of the Revised 38
Code: 39
(a) A victim who was one of the following at the time of 41
the criminally injurious conduct: 42
(i) A resident of the United States; 44
(ii) A resident of a foreign country the laws of which 46
permit residents of this state to recover compensation as victims 47
of offenses committed in that country. 48
(b) A dependent of a deceased victim who is described in 50
division (A)(1)(a) of this section; 51
(c) A third person, other than a collateral source, who 53
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legally assumes or voluntarily pays the obligations of a victim, 54
or of a dependent of a victim, who is described in division 55
(A)(1)(a) of this section, which obligations are incurred as a 56
result of the criminally injurious conduct that is the subject of 57
the claim and may include, but are not limited to, medical or 58
burial expenses; 59
(d) A person who is authorized to act on behalf of any 61
person who is described in division (A)(1)(a), (b), or (c) of 62
this section. 63
(2) Any of the following persons who claim an award of 65
reparations under sections 2743.51 to 2743.72 of the Revised 66
Code: 67
(a) A victim who had a permanent place of residence within 69
this state at the time of the criminally injurious conduct and 70
who, at the time of the criminally injurious conduct, complied 71
with any one of the following: 72
(i) Had a permanent place of employment in this state; 74
(ii) Was a member of the regular armed forces of the 76
United States or of the United States coast guard or was a 77
full-time member of the Ohio organized militia or of the United 78
States army reserve, naval reserve, or air force reserve; 79
(iii) Was retired and receiving social security or any 81
other retirement income; 82
(iv) Was sixty years of age or older; 84
(v) Was temporarily in another state for the purpose of 86
receiving medical treatment; 87
(vi) Was temporarily in another state for the purpose of 89
performing employment-related duties required by an employer 90
located within this state as an express condition of employment 91
or employee benefits; 92
(vii) Was temporarily in another state for the purpose of 94
receiving occupational, vocational, or other job-related training 95
or instruction required by an employer located within this state 96
as an express condition of employment or employee benefits; 97
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(viii) Was a full-time student at an academic institution, 99
college, or university located in another state; 100
(ix) Had not departed the geographical boundaries of this 102
state for a period exceeding thirty days or with the intention of 103
becoming a citizen of another state or establishing a permanent 104
place of residence in another state. 105
(b) A dependent of a deceased victim who is described in 107
division (A)(2)(a) of this section; 108
(c) A third person, other than a collateral source, who 110
legally assumes or voluntarily pays the obligations of a victim, 111
or of a dependent of a victim, who is described in division 112
(A)(2)(a) of this section, which obligations are incurred as a 113
result of the criminally injurious conduct that is the subject of 114
the claim and may include, but are not limited to, medical or 115
burial expenses; 116
(d) A person who is authorized to act on behalf of any 118
person who is described in division (A)(2)(a), (b), or (c) of 119
this section. 120
(B) "Collateral source" means a source of benefits or 122
advantages for economic loss otherwise reparable that the victim 123
or claimant has received, or that is readily available to the 124
victim or claimant, from any of the following sources: 125
(1) The offender; 127
(2) The government of the United States or any of its 129
agencies, a state or any of its political subdivisions, or an 130
instrumentality of two or more states, unless the law providing 131
for the benefits or advantages makes them excess or secondary to 132
benefits under sections 2743.51 to 2743.72 of the Revised Code; 133
(3) Social security, medicare, and medicaid; 135
(4) State-required, temporary, nonoccupational disability 137
insurance; 138
(5) Workers' compensation; 140
(6) Wage continuation programs of any employer; 142
(7) Proceeds of a contract of insurance payable to the 144
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victim for loss that the victim sustained because of the 145
criminally injurious conduct; 147
(8) A contract providing prepaid hospital and other health 149
care services, or benefits for disability; 150
(9) That portion of the proceeds of all contracts of 152
insurance payable to the claimant on account of the death of the 153
victim that exceeds fifty thousand dollars; 154
(10) Any compensation recovered or recoverable under the 156
laws of another state, district, territory, or foreign country 157
because the victim was the victim of an offense committed in that 158
state, district, territory, or country. 159
"Collateral source" does not include any money, or the 161
monetary value of any property, that is subject to sections 162
2969.01 to 2969.06 of the Revised Code. 163
(C) "Criminally injurious conduct" means either of the 165
following: 166
(1) For the purposes of any person described in division 168
(A)(1) of this section, any conduct that occurs or is attempted 169
in this state; poses a substantial threat of personal injury or 170
death; and is punishable by fine, imprisonment, or death, or 171
would be so punishable but for the fact that the person engaging 172
in the conduct lacked capacity to commit the crime under the laws 173
of this state. Criminally injurious conduct does not include 174
conduct arising out of the ownership, maintenance, or use of a 175
motor vehicle, except when any of the following applies: 176
(a) The person engaging in the conduct intended to cause 178
personal injury or death; 179
(b) The person engaging in the conduct was using the 181
vehicle to flee immediately after committing a felony or an act 182
that would constitute a felony but for the fact that the person 183
engaging in the conduct lacked the capacity to commit the felony 184
under the laws of this state; 185
(c) The person engaging in the conduct was using the 187
vehicle in a manner that constitutes an OMVI violation; 188
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(d) The conduct occurred on or after July 25, 1990, and 190
the person engaging in the conduct was using the vehicle in a 191
manner that constitutes a violation of section 2903.08 of the 192
Revised Code. 193
(2) For the purposes of any person described in division 195
(A)(2) of this section, any conduct that occurs or is attempted 196
in another state, district, territory, or foreign country; poses 197
a substantial threat of personal injury or death; and is 198
punishable by fine, imprisonment, or death, or would be so 199
punishable but for the fact that the person engaging in the 200
conduct lacked capacity to commit the crime under the laws of the 201
state, district, territory, or foreign country in which the 202
conduct occurred or was attempted. Criminally injurious conduct 203
does not include conduct arising out of the ownership, 204
maintenance, or use of a motor vehicle, except when any of the 205
following applies: 206
(a) The person engaging in the conduct intended to cause 208
personal injury or death; 209
(b) The person engaging in the conduct was using the 211
vehicle to flee immediately after committing a felony or an act 212
that would constitute a felony but for the fact that the person 213
engaging in the conduct lacked the capacity to commit the felony 214
under the laws of the state, district, territory, or foreign 215
country in which the conduct occurred or was attempted; 216
(c) The person engaging in the conduct was using the 218
vehicle in a manner that constitutes an OMVI violation; 219
(d) The conduct occurred on or after July 25, 1990, the 221
person engaging in the conduct was using the vehicle in a manner 222
that constitutes a violation of any law of the state, district, 223
territory, or foreign country in which the conduct occurred, and 224
that law is substantially similar to a violation of section 225
2903.08 of the Revised Code. 226
(D) "Dependent" means an individual wholly or partially 228
dependent upon the victim for care and support, and includes a 229
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child of the victim born after the victim's death. 230
(E) "Economic loss" means economic detriment consisting 232
only of allowable expense, work loss, funeral expense, 233
unemployment benefits loss, and replacement services loss. If 234
criminally injurious conduct causes death, economic loss includes 235
a dependent's economic loss and a dependent's replacement 236
services loss. Noneconomic detriment is not economic loss; 237
however, economic loss may be caused by pain and suffering or 238
physical impairment. 239
(F) "Allowable expense" means reasonable charges incurred 241
for reasonably needed products, services, and accommodations, 242
including those for medical care, rehabilitation, rehabilitative 243
occupational training, and other remedial treatment and care and 244
including replacement costs for eyeglasses and other corrective 245
lenses. It does not include that portion of a charge for a room 246
in a hospital, clinic, convalescent home, nursing home, or any 247
other institution engaged in providing nursing care and related 248
services in excess of a reasonable and customary charge for 249
semiprivate accommodations, unless accommodations other than 250
semiprivate accommodations are medically required. 251
(G) "Work loss" means loss of income from work that the 253
injured person would have performed if the person had not been 255
injured and expenses reasonably incurred by the person to obtain 256
services in lieu of those the person would have performed for 258
income, reduced by any income from substitute work actually 260
performed by the person, or by income the person would have 262
earned in available appropriate substitute work that the person 264
was capable of performing but unreasonably failed to undertake. 266
(H) "Replacement services loss" means expenses reasonably 268
incurred in obtaining ordinary and necessary services in lieu of 269
those the injured person would have performed, not for income, 270
but for the benefit of the person's self or family, if the person 272
had not been injured. 273
(I) "Dependent's economic loss" means loss after a 275
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victim's death of contributions of things of economic value to 276
the victim's dependents, not including services they would have 278
received from the victim if the victim had not suffered the fatal 279
injury, less expenses of the dependents avoided by reason of the 280
victim's death. IF A MINOR CHILD OF A VICTIM IS ADOPTED AFTER 281
THE VICTIM'S DEATH, THE MINOR CHILD CONTINUES AFTER THE ADOPTION 282
TO INCUR A DEPENDENT'S ECONOMIC LOSS AS A RESULT OF THE VICTIM'S 283
DEATH. IF THE SURVIVING SPOUSE OF A VICTIM REMARRIES, THE 284
SURVIVING SPOUSE CONTINUES AFTER THE REMARRIAGE TO INCUR A
DEPENDENT'S ECONOMIC LOSS AS A RESULT OF THE VICTIM'S DEATH. 285
(J) "Dependent's replacement services loss" means loss 287
reasonably incurred by dependents after a victim's death in 288
obtaining ordinary and necessary services in lieu of those the 289
victim would have performed for their benefit if the victim had 291
not suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in 292
calculating the dependent's economic loss. IF A MINOR CHILD OF A 293
VICTIM IS ADOPTED AFTER THE VICTIM'S DEATH, THE MINOR CHILD 294
CONTINUES AFTER THE ADOPTION TO INCUR A DEPENDENT'S REPLACEMENT 295
SERVICES LOSS AS A RESULT OF THE VICTIM'S DEATH. IF THE 296
SURVIVING SPOUSE OF A VICTIM REMARRIES, THE SURVIVING SPOUSE
CONTINUES AFTER THE REMARRIAGE TO INCUR A DEPENDENT'S REPLACEMENT 297
SERVICES LOSS AS A RESULT OF THE VICTIM'S DEATH. 298
(K) "Noneconomic detriment" means pain, suffering, 300
inconvenience, physical impairment, or other nonpecuniary damage. 301
(L) "Victim" means a person who suffers personal injury or 303
death as a result of any of the following: 304
(1) Criminally injurious conduct; 306
(2) The good faith effort of any person to prevent 308
criminally injurious conduct; 309
(3) The good faith effort of any person to apprehend a 311
person suspected of engaging in criminally injurious conduct. 312
(M) "Contributory misconduct" means any conduct of the 314
claimant or of the victim through whom the claimant claims an 315
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award of reparations that is unlawful or intentionally tortious 316
and that, without regard to the conduct's proximity in time or 317
space to the criminally injurious conduct, has a causal 318
relationship to the criminally injurious conduct that is the 319
basis of the claim. 320
(N) "Funeral expense" means any reasonable charges that 322
are not in excess of two thousand five hundred dollars and that 323
are incurred for expenses directly related to the victim's 324
funeral, cremation, or burial. 325
(O) "Unemployment benefits loss" means a loss of 327
unemployment benefits pursuant to Chapter 4141. of the Revised 328
Code when the loss arises solely from the inability of a victim 329
to meet the able to work, available for suitable work, or the 330
actively seeking suitable work requirements of division (A)(4)(a) 331
of section 4141.29 of the Revised Code. 332
(P) "OMVI violation" means any of the following: 334
(1) A violation of section 4511.19 of the Revised Code, of 336
any municipal ordinance prohibiting the operation of a vehicle 337
while under the influence of alcohol, a drug of abuse, or alcohol 338
and a drug of abuse, or of any municipal ordinance prohibiting 339
the operation of a vehicle with a prohibited concentration of 340
alcohol in the blood, breath, or urine; 341
(2) A violation of section 2903.06 of the Revised Code, if 343
the offender was under the influence of alcohol, a drug of abuse, 344
or alcohol and a drug of abuse, at the time of the commission of 345
the offense; 346
(3) A violation of section 2903.07 of the Revised Code or 348
of a municipal ordinance substantially similar to that section, 349
if the offender was under the influence of alcohol, a drug of 350
abuse, or alcohol and a drug of abuse, at the time of the 351
commission of the offense; 352
(4) For purposes of any person described in division 354
(A)(2) of this section, a violation of any law of the state, 355
district, territory, or foreign country in which the criminally 356
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injurious conduct occurred, if that law is substantially similar 357
to a violation described in division (P)(1) of this section or if 358
that law is substantially similar to a violation described in 359
division (P)(2) or (3) of this section and the offender was under 360
the influence of alcohol, a drug of abuse, or alcohol and a drug 361
of abuse, at the time of the commission of the offense. 362
(Q) "Pendency of the claim" for an original reparations 364
application or supplemental reparations application means the 365
period of time from the date the criminally injurious conduct 366
upon which the application is based occurred until the date a 367
final order from the court of claims concerning that original 368
reparations application or supplemental reparations application 369
is issued.
Section 2. That existing section 2743.51 of the Revised 371
Code is hereby repealed. 372