As Reported by the Senate Judiciary Committee 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
SENATORS BLESSING-LATTA 13
15
A B I L L
To amend section 2743.51 of the Revised Code to 17
permit a minor child or surviving spouse of a 18
deceased crime victim to receive an award of 19
reparations based on a dependent's economic loss 20
and replacement services loss even if the child 21
is adopted or the spouse remarries. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 2743.51 of the Revised Code be 25
amended to read as follows: 26
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of 35
the Revised Code: 36
(A) "Claimant" means both of the following categories of 38
persons: 39
(1) Any of the following persons who claim an award of 41
reparations under sections 2743.51 to 2743.72 of the Revised 42
Code: 43
(a) A victim who was one of the following at the time of 45
the criminally injurious conduct: 46
(i) A resident of the United States; 48
(ii) A resident of a foreign country the laws of which 50
permit residents of this state to recover compensation as victims 51
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of offenses committed in that country. 52
(b) A dependent of a deceased victim who is described in 54
division (A)(1)(a) of this section; 55
(c) A third person, other than a collateral source, who 57
legally assumes or voluntarily pays the obligations of a victim, 58
or of a dependent of a victim, who is described in division 59
(A)(1)(a) of this section, which obligations are incurred as a 60
result of the criminally injurious conduct that is the subject of 61
the claim and may include, but are not limited to, medical or 62
burial expenses; 63
(d) A person who is authorized to act on behalf of any 65
person who is described in division (A)(1)(a), (b), or (c) of 66
this section. 67
(2) Any of the following persons who claim an award of 69
reparations under sections 2743.51 to 2743.72 of the Revised 70
Code: 71
(a) A victim who had a permanent place of residence within 73
this state at the time of the criminally injurious conduct and 74
who, at the time of the criminally injurious conduct, complied 75
with any one of the following: 76
(i) Had a permanent place of employment in this state; 78
(ii) Was a member of the regular armed forces of the 80
United States or of the United States coast guard or was a 81
full-time member of the Ohio organized militia or of the United 82
States army reserve, naval reserve, or air force reserve; 83
(iii) Was retired and receiving social security or any 85
other retirement income; 86
(iv) Was sixty years of age or older; 88
(v) Was temporarily in another state for the purpose of 90
receiving medical treatment; 91
(vi) Was temporarily in another state for the purpose of 93
performing employment-related duties required by an employer 94
located within this state as an express condition of employment 95
or employee benefits; 96
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(vii) Was temporarily in another state for the purpose of 98
receiving occupational, vocational, or other job-related training 99
or instruction required by an employer located within this state 100
as an express condition of employment or employee benefits; 101
(viii) Was a full-time student at an academic institution, 103
college, or university located in another state; 104
(ix) Had not departed the geographical boundaries of this 106
state for a period exceeding thirty days or with the intention of 107
becoming a citizen of another state or establishing a permanent 108
place of residence in another state. 109
(b) A dependent of a deceased victim who is described in 111
division (A)(2)(a) of this section; 112
(c) A third person, other than a collateral source, who 114
legally assumes or voluntarily pays the obligations of a victim, 115
or of a dependent of a victim, who is described in division 116
(A)(2)(a) of this section, which obligations are incurred as a 117
result of the criminally injurious conduct that is the subject of 118
the claim and may include, but are not limited to, medical or 119
burial expenses; 120
(d) A person who is authorized to act on behalf of any 122
person who is described in division (A)(2)(a), (b), or (c) of 123
this section. 124
(B) "Collateral source" means a source of benefits or 126
advantages for economic loss otherwise reparable that the victim 127
or claimant has received, or that is readily available to the 128
victim or claimant, from any of the following sources: 129
(1) The offender; 131
(2) The government of the United States or any of its 133
agencies, a state or any of its political subdivisions, or an 134
instrumentality of two or more states, unless the law providing 135
for the benefits or advantages makes them excess or secondary to 136
benefits under sections 2743.51 to 2743.72 of the Revised Code; 137
(3) Social security, medicare, and medicaid; 139
(4) State-required, temporary, nonoccupational disability 141
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insurance; 142
(5) Workers' compensation; 144
(6) Wage continuation programs of any employer; 146
(7) Proceeds of a contract of insurance payable to the 148
victim for loss that the victim sustained because of the 149
criminally injurious conduct; 151
(8) A contract providing prepaid hospital and other health 153
care services, or benefits for disability; 154
(9) That portion of the proceeds of all contracts of 156
insurance payable to the claimant on account of the death of the 157
victim that exceeds fifty thousand dollars; 158
(10) Any compensation recovered or recoverable under the 160
laws of another state, district, territory, or foreign country 161
because the victim was the victim of an offense committed in that 162
state, district, territory, or country. 163
"Collateral source" does not include any money, or the 165
monetary value of any property, that is subject to sections 166
2969.01 to 2969.06 of the Revised Code. 167
(C) "Criminally injurious conduct" means either of the 169
following: 170
(1) For the purposes of any person described in division 172
(A)(1) of this section, any conduct that occurs or is attempted 173
in this state; poses a substantial threat of personal injury or 174
death; and is punishable by fine, imprisonment, or death, or 175
would be so punishable but for the fact that the person engaging 176
in the conduct lacked capacity to commit the crime under the laws 177
of this state. Criminally injurious conduct does not include 178
conduct arising out of the ownership, maintenance, or use of a 179
motor vehicle, except when any of the following applies: 180
(a) The person engaging in the conduct intended to cause 182
personal injury or death; 183
(b) The person engaging in the conduct was using the 185
vehicle to flee immediately after committing a felony or an act 186
that would constitute a felony but for the fact that the person 187
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engaging in the conduct lacked the capacity to commit the felony 188
under the laws of this state; 189
(c) The person engaging in the conduct was using the 191
vehicle in a manner that constitutes an OMVI violation; 192
(d) The conduct occurred on or after July 25, 1990, and 194
the person engaging in the conduct was using the vehicle in a 195
manner that constitutes a violation of section 2903.08 of the 196
Revised Code. 197
(2) For the purposes of any person described in division 199
(A)(2) of this section, any conduct that occurs or is attempted 200
in another state, district, territory, or foreign country; poses 201
a substantial threat of personal injury or death; and is 202
punishable by fine, imprisonment, or death, or would be so 203
punishable but for the fact that the person engaging in the 204
conduct lacked capacity to commit the crime under the laws of the 205
state, district, territory, or foreign country in which the 206
conduct occurred or was attempted. Criminally injurious conduct 207
does not include conduct arising out of the ownership, 208
maintenance, or use of a motor vehicle, except when any of the 209
following applies: 210
(a) The person engaging in the conduct intended to cause 212
personal injury or death; 213
(b) The person engaging in the conduct was using the 215
vehicle to flee immediately after committing a felony or an act 216
that would constitute a felony but for the fact that the person 217
engaging in the conduct lacked the capacity to commit the felony 218
under the laws of the state, district, territory, or foreign 219
country in which the conduct occurred or was attempted; 220
(c) The person engaging in the conduct was using the 222
vehicle in a manner that constitutes an OMVI violation; 223
(d) The conduct occurred on or after July 25, 1990, the 225
person engaging in the conduct was using the vehicle in a manner 226
that constitutes a violation of any law of the state, district, 227
territory, or foreign country in which the conduct occurred, and 228
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that law is substantially similar to a violation of section 229
2903.08 of the Revised Code. 230
(D) "Dependent" means an individual wholly or partially 232
dependent upon the victim for care and support, and includes a 233
child of the victim born after the victim's death. 234
(E) "Economic loss" means economic detriment consisting 236
only of allowable expense, work loss, funeral expense, 237
unemployment benefits loss, and replacement services loss. If 238
criminally injurious conduct causes death, economic loss includes 239
a dependent's economic loss and a dependent's replacement 240
services loss. Noneconomic detriment is not economic loss; 241
however, economic loss may be caused by pain and suffering or 242
physical impairment. 243
(F) "Allowable expense" means reasonable charges incurred 245
for reasonably needed products, services, and accommodations, 246
including those for medical care, rehabilitation, rehabilitative 247
occupational training, and other remedial treatment and care and 248
including replacement costs for eyeglasses and other corrective 249
lenses. It does not include that portion of a charge for a room 250
in a hospital, clinic, convalescent home, nursing home, or any 251
other institution engaged in providing nursing care and related 252
services in excess of a reasonable and customary charge for 253
semiprivate accommodations, unless accommodations other than 254
semiprivate accommodations are medically required. 255
(G) "Work loss" means loss of income from work that the 257
injured person would have performed if the person had not been 259
injured and expenses reasonably incurred by the person to obtain 260
services in lieu of those the person would have performed for 262
income, reduced by any income from substitute work actually 264
performed by the person, or by income the person would have 266
earned in available appropriate substitute work that the person 268
was capable of performing but unreasonably failed to undertake. 270
(H) "Replacement services loss" means expenses reasonably 272
incurred in obtaining ordinary and necessary services in lieu of 273
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those the injured person would have performed, not for income, 274
but for the benefit of the person's self or family, if the person 276
had not been injured. 277
(I) "Dependent's economic loss" means loss after a 279
victim's death of contributions of things of economic value to 280
the victim's dependents, not including services they would have 282
received from the victim if the victim had not suffered the fatal 283
injury, less expenses of the dependents avoided by reason of the 284
victim's death. IF A MINOR CHILD OF A VICTIM IS ADOPTED AFTER 285
THE VICTIM'S DEATH, THE MINOR CHILD CONTINUES AFTER THE ADOPTION 286
TO INCUR A DEPENDENT'S ECONOMIC LOSS AS A RESULT OF THE VICTIM'S 287
DEATH. IF THE SURVIVING SPOUSE OF A VICTIM REMARRIES, THE 288
SURVIVING SPOUSE CONTINUES AFTER THE REMARRIAGE TO INCUR A
DEPENDENT'S ECONOMIC LOSS AS A RESULT OF THE VICTIM'S DEATH. 289
(J) "Dependent's replacement services loss" means loss 291
reasonably incurred by dependents after a victim's death in 292
obtaining ordinary and necessary services in lieu of those the 293
victim would have performed for their benefit if the victim had 295
not suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in 296
calculating the dependent's economic loss. IF A MINOR CHILD OF A 297
VICTIM IS ADOPTED AFTER THE VICTIM'S DEATH, THE MINOR CHILD 298
CONTINUES AFTER THE ADOPTION TO INCUR A DEPENDENT'S REPLACEMENT 299
SERVICES LOSS AS A RESULT OF THE VICTIM'S DEATH. IF THE 300
SURVIVING SPOUSE OF A VICTIM REMARRIES, THE SURVIVING SPOUSE
CONTINUES AFTER THE REMARRIAGE TO INCUR A DEPENDENT'S REPLACEMENT 301
SERVICES LOSS AS A RESULT OF THE VICTIM'S DEATH. 302
(K) "Noneconomic detriment" means pain, suffering, 304
inconvenience, physical impairment, or other nonpecuniary damage. 305
(L) "Victim" means a person who suffers personal injury or 307
death as a result of any of the following: 308
(1) Criminally injurious conduct; 310
(2) The good faith effort of any person to prevent 312
criminally injurious conduct; 313
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(3) The good faith effort of any person to apprehend a 315
person suspected of engaging in criminally injurious conduct. 316
(M) "Contributory misconduct" means any conduct of the 318
claimant or of the victim through whom the claimant claims an 319
award of reparations that is unlawful or intentionally tortious 320
and that, without regard to the conduct's proximity in time or 321
space to the criminally injurious conduct, has a causal 322
relationship to the criminally injurious conduct that is the 323
basis of the claim. 324
(N) "Funeral expense" means any reasonable charges that 326
are not in excess of two thousand five hundred dollars and that 327
are incurred for expenses directly related to the victim's 328
funeral, cremation, or burial. 329
(O) "Unemployment benefits loss" means a loss of 331
unemployment benefits pursuant to Chapter 4141. of the Revised 332
Code when the loss arises solely from the inability of a victim 333
to meet the able to work, available for suitable work, or the 334
actively seeking suitable work requirements of division (A)(4)(a) 335
of section 4141.29 of the Revised Code. 336
(P) "OMVI violation" means any of the following: 338
(1) A violation of section 4511.19 of the Revised Code, of 340
any municipal ordinance prohibiting the operation of a vehicle 341
while under the influence of alcohol, a drug of abuse, or alcohol 342
and a drug of abuse, or of any municipal ordinance prohibiting 343
the operation of a vehicle with a prohibited concentration of 344
alcohol in the blood, breath, or urine; 345
(2) A violation of section 2903.06 of the Revised Code, if 347
the offender was under the influence of alcohol, a drug of abuse, 348
or alcohol and a drug of abuse, at the time of the commission of 349
the offense; 350
(3) A violation of section 2903.07 of the Revised Code or 352
of a municipal ordinance substantially similar to that section, 353
if the offender was under the influence of alcohol, a drug of 354
abuse, or alcohol and a drug of abuse, at the time of the 355
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commission of the offense; 356
(4) For purposes of any person described in division 358
(A)(2) of this section, a violation of any law of the state, 359
district, territory, or foreign country in which the criminally 360
injurious conduct occurred, if that law is substantially similar 361
to a violation described in division (P)(1) of this section or if 362
that law is substantially similar to a violation described in 363
division (P)(2) or (3) of this section and the offender was under 364
the influence of alcohol, a drug of abuse, or alcohol and a drug 365
of abuse, at the time of the commission of the offense. 366
(Q) "Pendency of the claim" for an original reparations 368
application or supplemental reparations application means the 369
period of time from the date the criminally injurious conduct 370
upon which the application is based occurred until the date a 371
final order from the court of claims concerning that original 372
reparations application or supplemental reparations application 373
is issued.
Section 2. That existing section 2743.51 of the Revised 375
Code is hereby repealed. 376