As Passed by the House 1
122nd General Assembly 4
Regular Session H. B. No. 471 5
1997-1998 6
REPRESENTATIVES METZGER-MASON-WOMER BENJAMIN-GARCIA-MYERS-FORD- 8
LUCAS-SUTTON-SALERNO-HARRIS-MAIER-COLONNA-WILSON-PADGETT- 9
THOMAS-PRINGLE-GRENDELL-TIBERI-REID-CATES-JOHNSON-LEWIS- 10
BRADING-PATTON-COUGHLIN-JONES-BENDER-OLMAN-O'BRIEN- 11
WESTON-OGG-MOTTLEY-MOTTL-TAVARES-ROMAN 12
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A B I L L
To amend section 2743.51 of the Revised Code to 16
permit a minor child or surviving spouse of a 17
deceased crime victim to receive an award of 18
reparations based on a dependent's economic loss 19
and replacement services loss even if the child 20
is adopted or the spouse remarries. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That section 2743.51 of the Revised Code be 24
amended to read as follows: 25
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of 34
the Revised Code: 35
(A) "Claimant" means both of the following categories of 37
persons: 38
(1) Any of the following persons who claim an award of 40
reparations under sections 2743.51 to 2743.72 of the Revised 41
Code: 42
(a) A victim who was one of the following at the time of 44
the criminally injurious conduct: 45
(i) A resident of the United States; 47
(ii) A resident of a foreign country the laws of which 49
permit residents of this state to recover compensation as victims 50
of offenses committed in that country. 51
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(b) A dependent of a deceased victim who is described in 53
division (A)(1)(a) of this section; 54
(c) A third person, other than a collateral source, who 56
legally assumes or voluntarily pays the obligations of a victim, 57
or of a dependent of a victim, who is described in division 58
(A)(1)(a) of this section, which obligations are incurred as a 59
result of the criminally injurious conduct that is the subject of 60
the claim and may include, but are not limited to, medical or 61
burial expenses; 62
(d) A person who is authorized to act on behalf of any 64
person who is described in division (A)(1)(a), (b), or (c) of 65
this section. 66
(2) Any of the following persons who claim an award of 68
reparations under sections 2743.51 to 2743.72 of the Revised 69
Code: 70
(a) A victim who had a permanent place of residence within 72
this state at the time of the criminally injurious conduct and 73
who, at the time of the criminally injurious conduct, complied 74
with any one of the following: 75
(i) Had a permanent place of employment in this state; 77
(ii) Was a member of the regular armed forces of the 79
United States or of the United States coast guard or was a 80
full-time member of the Ohio organized militia or of the United 81
States army reserve, naval reserve, or air force reserve; 82
(iii) Was retired and receiving social security or any 84
other retirement income; 85
(iv) Was sixty years of age or older; 87
(v) Was temporarily in another state for the purpose of 89
receiving medical treatment; 90
(vi) Was temporarily in another state for the purpose of 92
performing employment-related duties required by an employer 93
located within this state as an express condition of employment 94
or employee benefits; 95
(vii) Was temporarily in another state for the purpose of 97
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receiving occupational, vocational, or other job-related training 98
or instruction required by an employer located within this state 99
as an express condition of employment or employee benefits; 100
(viii) Was a full-time student at an academic institution, 102
college, or university located in another state; 103
(ix) Had not departed the geographical boundaries of this 105
state for a period exceeding thirty days or with the intention of 106
becoming a citizen of another state or establishing a permanent 107
place of residence in another state. 108
(b) A dependent of a deceased victim who is described in 110
division (A)(2)(a) of this section; 111
(c) A third person, other than a collateral source, who 113
legally assumes or voluntarily pays the obligations of a victim, 114
or of a dependent of a victim, who is described in division 115
(A)(2)(a) of this section, which obligations are incurred as a 116
result of the criminally injurious conduct that is the subject of 117
the claim and may include, but are not limited to, medical or 118
burial expenses; 119
(d) A person who is authorized to act on behalf of any 121
person who is described in division (A)(2)(a), (b), or (c) of 122
this section. 123
(B) "Collateral source" means a source of benefits or 125
advantages for economic loss otherwise reparable that the victim 126
or claimant has received, or that is readily available to the 127
victim or claimant, from any of the following sources: 128
(1) The offender; 130
(2) The government of the United States or any of its 132
agencies, a state or any of its political subdivisions, or an 133
instrumentality of two or more states, unless the law providing 134
for the benefits or advantages makes them excess or secondary to 135
benefits under sections 2743.51 to 2743.72 of the Revised Code; 136
(3) Social security, medicare, and medicaid; 138
(4) State-required, temporary, nonoccupational disability 140
insurance; 141
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(5) Workers' compensation; 143
(6) Wage continuation programs of any employer; 145
(7) Proceeds of a contract of insurance payable to the 147
victim for loss that the victim sustained because of the 148
criminally injurious conduct; 150
(8) A contract providing prepaid hospital and other health 152
care services, or benefits for disability; 153
(9) That portion of the proceeds of all contracts of 155
insurance payable to the claimant on account of the death of the 156
victim that exceeds fifty thousand dollars; 157
(10) Any compensation recovered or recoverable under the 159
laws of another state, district, territory, or foreign country 160
because the victim was the victim of an offense committed in that 161
state, district, territory, or country. 162
"Collateral source" does not include any money, or the 164
monetary value of any property, that is subject to sections 165
2969.01 to 2969.06 of the Revised Code. 166
(C) "Criminally injurious conduct" means either of the 168
following: 169
(1) For the purposes of any person described in division 171
(A)(1) of this section, any conduct that occurs or is attempted 172
in this state; poses a substantial threat of personal injury or 173
death; and is punishable by fine, imprisonment, or death, or 174
would be so punishable but for the fact that the person engaging 175
in the conduct lacked capacity to commit the crime under the laws 176
of this state. Criminally injurious conduct does not include 177
conduct arising out of the ownership, maintenance, or use of a 178
motor vehicle, except when any of the following applies: 179
(a) The person engaging in the conduct intended to cause 181
personal injury or death; 182
(b) The person engaging in the conduct was using the 184
vehicle to flee immediately after committing a felony or an act 185
that would constitute a felony but for the fact that the person 186
engaging in the conduct lacked the capacity to commit the felony 187
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under the laws of this state; 188
(c) The person engaging in the conduct was using the 190
vehicle in a manner that constitutes an OMVI violation; 191
(d) The conduct occurred on or after July 25, 1990, and 193
the person engaging in the conduct was using the vehicle in a 194
manner that constitutes a violation of section 2903.08 of the 195
Revised Code. 196
(2) For the purposes of any person described in division 198
(A)(2) of this section, any conduct that occurs or is attempted 199
in another state, district, territory, or foreign country; poses 200
a substantial threat of personal injury or death; and is 201
punishable by fine, imprisonment, or death, or would be so 202
punishable but for the fact that the person engaging in the 203
conduct lacked capacity to commit the crime under the laws of the 204
state, district, territory, or foreign country in which the 205
conduct occurred or was attempted. Criminally injurious conduct 206
does not include conduct arising out of the ownership, 207
maintenance, or use of a motor vehicle, except when any of the 208
following applies: 209
(a) The person engaging in the conduct intended to cause 211
personal injury or death; 212
(b) The person engaging in the conduct was using the 214
vehicle to flee immediately after committing a felony or an act 215
that would constitute a felony but for the fact that the person 216
engaging in the conduct lacked the capacity to commit the felony 217
under the laws of the state, district, territory, or foreign 218
country in which the conduct occurred or was attempted; 219
(c) The person engaging in the conduct was using the 221
vehicle in a manner that constitutes an OMVI violation; 222
(d) The conduct occurred on or after July 25, 1990, the 224
person engaging in the conduct was using the vehicle in a manner 225
that constitutes a violation of any law of the state, district, 226
territory, or foreign country in which the conduct occurred, and 227
that law is substantially similar to a violation of section 228
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2903.08 of the Revised Code. 229
(D) "Dependent" means an individual wholly or partially 231
dependent upon the victim for care and support, and includes a 232
child of the victim born after the victim's death. 233
(E) "Economic loss" means economic detriment consisting 235
only of allowable expense, work loss, funeral expense, 236
unemployment benefits loss, and replacement services loss. If 237
criminally injurious conduct causes death, economic loss includes 238
a dependent's economic loss and a dependent's replacement 239
services loss. Noneconomic detriment is not economic loss; 240
however, economic loss may be caused by pain and suffering or 241
physical impairment. 242
(F) "Allowable expense" means reasonable charges incurred 244
for reasonably needed products, services, and accommodations, 245
including those for medical care, rehabilitation, rehabilitative 246
occupational training, and other remedial treatment and care and 247
including replacement costs for eyeglasses and other corrective 248
lenses. It does not include that portion of a charge for a room 249
in a hospital, clinic, convalescent home, nursing home, or any 250
other institution engaged in providing nursing care and related 251
services in excess of a reasonable and customary charge for 252
semiprivate accommodations, unless accommodations other than 253
semiprivate accommodations are medically required. 254
(G) "Work loss" means loss of income from work that the 256
injured person would have performed if the person had not been 258
injured and expenses reasonably incurred by the person to obtain 259
services in lieu of those the person would have performed for 261
income, reduced by any income from substitute work actually 263
performed by the person, or by income the person would have 265
earned in available appropriate substitute work that the person 267
was capable of performing but unreasonably failed to undertake. 269
(H) "Replacement services loss" means expenses reasonably 271
incurred in obtaining ordinary and necessary services in lieu of 272
those the injured person would have performed, not for income, 273
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but for the benefit of the person's self or family, if the person 275
had not been injured. 276
(I) "Dependent's economic loss" means loss after a 278
victim's death of contributions of things of economic value to 279
the victim's dependents, not including services they would have 281
received from the victim if the victim had not suffered the fatal 282
injury, less expenses of the dependents avoided by reason of the 283
victim's death. IF A MINOR CHILD OF A VICTIM IS ADOPTED AFTER 284
THE VICTIM'S DEATH, THE MINOR CHILD CONTINUES AFTER THE ADOPTION 285
TO INCUR A DEPENDENT'S ECONOMIC LOSS AS A RESULT OF THE VICTIM'S 286
DEATH. IF THE SURVIVING SPOUSE OF A VICTIM REMARRIES, THE 287
SURVIVING SPOUSE CONTINUES AFTER THE REMARRIAGE TO INCUR A
DEPENDENT'S ECONOMIC LOSS AS A RESULT OF THE VICTIM'S DEATH. 288
(J) "Dependent's replacement services loss" means loss 290
reasonably incurred by dependents after a victim's death in 291
obtaining ordinary and necessary services in lieu of those the 292
victim would have performed for their benefit if the victim had 294
not suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in 295
calculating the dependent's economic loss. IF A MINOR CHILD OF A 296
VICTIM IS ADOPTED AFTER THE VICTIM'S DEATH, THE MINOR CHILD 297
CONTINUES AFTER THE ADOPTION TO INCUR A DEPENDENT'S REPLACEMENT 298
SERVICES LOSS AS A RESULT OF THE VICTIM'S DEATH. IF THE 299
SURVIVING SPOUSE OF A VICTIM REMARRIES, THE SURVIVING SPOUSE
CONTINUES AFTER THE REMARRIAGE TO INCUR A DEPENDENT'S REPLACEMENT 300
SERVICES LOSS AS A RESULT OF THE VICTIM'S DEATH. 301
(K) "Noneconomic detriment" means pain, suffering, 303
inconvenience, physical impairment, or other nonpecuniary damage. 304
(L) "Victim" means a person who suffers personal injury or 306
death as a result of any of the following: 307
(1) Criminally injurious conduct; 309
(2) The good faith effort of any person to prevent 311
criminally injurious conduct; 312
(3) The good faith effort of any person to apprehend a 314
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person suspected of engaging in criminally injurious conduct. 315
(M) "Contributory misconduct" means any conduct of the 317
claimant or of the victim through whom the claimant claims an 318
award of reparations that is unlawful or intentionally tortious 319
and that, without regard to the conduct's proximity in time or 320
space to the criminally injurious conduct, has a causal 321
relationship to the criminally injurious conduct that is the 322
basis of the claim. 323
(N) "Funeral expense" means any reasonable charges that 325
are not in excess of two thousand five hundred dollars and that 326
are incurred for expenses directly related to the victim's 327
funeral, cremation, or burial. 328
(O) "Unemployment benefits loss" means a loss of 330
unemployment benefits pursuant to Chapter 4141. of the Revised 331
Code when the loss arises solely from the inability of a victim 332
to meet the able to work, available for suitable work, or the 333
actively seeking suitable work requirements of division (A)(4)(a) 334
of section 4141.29 of the Revised Code. 335
(P) "OMVI violation" means any of the following: 337
(1) A violation of section 4511.19 of the Revised Code, of 339
any municipal ordinance prohibiting the operation of a vehicle 340
while under the influence of alcohol, a drug of abuse, or alcohol 341
and a drug of abuse, or of any municipal ordinance prohibiting 342
the operation of a vehicle with a prohibited concentration of 343
alcohol in the blood, breath, or urine; 344
(2) A violation of section 2903.06 of the Revised Code, if 346
the offender was under the influence of alcohol, a drug of abuse, 347
or alcohol and a drug of abuse, at the time of the commission of 348
the offense; 349
(3) A violation of section 2903.07 of the Revised Code or 351
of a municipal ordinance substantially similar to that section, 352
if the offender was under the influence of alcohol, a drug of 353
abuse, or alcohol and a drug of abuse, at the time of the 354
commission of the offense; 355
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(4) For purposes of any person described in division 357
(A)(2) of this section, a violation of any law of the state, 358
district, territory, or foreign country in which the criminally 359
injurious conduct occurred, if that law is substantially similar 360
to a violation described in division (P)(1) of this section or if 361
that law is substantially similar to a violation described in 362
division (P)(2) or (3) of this section and the offender was under 363
the influence of alcohol, a drug of abuse, or alcohol and a drug 364
of abuse, at the time of the commission of the offense. 365
(Q) "Pendency of the claim" for an original reparations 367
application or supplemental reparations application means the 368
period of time from the date the criminally injurious conduct 369
upon which the application is based occurred until the date a 370
final order from the court of claims concerning that original 371
reparations application or supplemental reparations application 372
is issued.
Section 2. That existing section 2743.51 of the Revised 374
Code is hereby repealed. 375