As Passed by the Senate 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-DiDONATO-HAGAN-CARNES-WHITE- 13
GARDNER-RAY 14
16
A B I L L
To amend section 2743.51 of the Revised Code to 18
permit a minor child or surviving spouse of a 19
deceased crime victim to receive an award of 20
reparations based on a dependent's economic loss 21
and replacement services loss even if the child 22
is adopted or the spouse remarries. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That section 2743.51 of the Revised Code be 26
amended to read as follows: 27
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of 36
the Revised Code: 37
(A) "Claimant" means both of the following categories of 39
persons: 40
(1) Any of the following persons who claim an award of 42
reparations under sections 2743.51 to 2743.72 of the Revised 43
Code: 44
(a) A victim who was one of the following at the time of 46
the criminally injurious conduct: 47
(i) A resident of the United States; 49
(ii) A resident of a foreign country the laws of which 51
2
permit residents of this state to recover compensation as victims 52
of offenses committed in that country. 53
(b) A dependent of a deceased victim who is described in 55
division (A)(1)(a) of this section; 56
(c) A third person, other than a collateral source, who 58
legally assumes or voluntarily pays the obligations of a victim, 59
or of a dependent of a victim, who is described in division 60
(A)(1)(a) of this section, which obligations are incurred as a 61
result of the criminally injurious conduct that is the subject of 62
the claim and may include, but are not limited to, medical or 63
burial expenses; 64
(d) A person who is authorized to act on behalf of any 66
person who is described in division (A)(1)(a), (b), or (c) of 67
this section. 68
(2) Any of the following persons who claim an award of 70
reparations under sections 2743.51 to 2743.72 of the Revised 71
Code: 72
(a) A victim who had a permanent place of residence within 74
this state at the time of the criminally injurious conduct and 75
who, at the time of the criminally injurious conduct, complied 76
with any one of the following: 77
(i) Had a permanent place of employment in this state; 79
(ii) Was a member of the regular armed forces of the 81
United States or of the United States coast guard or was a 82
full-time member of the Ohio organized militia or of the United 83
States army reserve, naval reserve, or air force reserve; 84
(iii) Was retired and receiving social security or any 86
other retirement income; 87
(iv) Was sixty years of age or older; 89
(v) Was temporarily in another state for the purpose of 91
receiving medical treatment; 92
(vi) Was temporarily in another state for the purpose of 94
performing employment-related duties required by an employer 95
located within this state as an express condition of employment 96
3
or employee benefits; 97
(vii) Was temporarily in another state for the purpose of 99
receiving occupational, vocational, or other job-related training 100
or instruction required by an employer located within this state 101
as an express condition of employment or employee benefits; 102
(viii) Was a full-time student at an academic institution, 104
college, or university located in another state; 105
(ix) Had not departed the geographical boundaries of this 107
state for a period exceeding thirty days or with the intention of 108
becoming a citizen of another state or establishing a permanent 109
place of residence in another state. 110
(b) A dependent of a deceased victim who is described in 112
division (A)(2)(a) of this section; 113
(c) A third person, other than a collateral source, who 115
legally assumes or voluntarily pays the obligations of a victim, 116
or of a dependent of a victim, who is described in division 117
(A)(2)(a) of this section, which obligations are incurred as a 118
result of the criminally injurious conduct that is the subject of 119
the claim and may include, but are not limited to, medical or 120
burial expenses; 121
(d) A person who is authorized to act on behalf of any 123
person who is described in division (A)(2)(a), (b), or (c) of 124
this section. 125
(B) "Collateral source" means a source of benefits or 127
advantages for economic loss otherwise reparable that the victim 128
or claimant has received, or that is readily available to the 129
victim or claimant, from any of the following sources: 130
(1) The offender; 132
(2) The government of the United States or any of its 134
agencies, a state or any of its political subdivisions, or an 135
instrumentality of two or more states, unless the law providing 136
for the benefits or advantages makes them excess or secondary to 137
benefits under sections 2743.51 to 2743.72 of the Revised Code; 138
(3) Social security, medicare, and medicaid; 140
4
(4) State-required, temporary, nonoccupational disability 142
insurance; 143
(5) Workers' compensation; 145
(6) Wage continuation programs of any employer; 147
(7) Proceeds of a contract of insurance payable to the 149
victim for loss that the victim sustained because of the 150
criminally injurious conduct; 152
(8) A contract providing prepaid hospital and other health 154
care services, or benefits for disability; 155
(9) That portion of the proceeds of all contracts of 157
insurance payable to the claimant on account of the death of the 158
victim that exceeds fifty thousand dollars; 159
(10) Any compensation recovered or recoverable under the 161
laws of another state, district, territory, or foreign country 162
because the victim was the victim of an offense committed in that 163
state, district, territory, or country. 164
"Collateral source" does not include any money, or the 166
monetary value of any property, that is subject to sections 167
2969.01 to 2969.06 of the Revised Code. 168
(C) "Criminally injurious conduct" means either of the 170
following: 171
(1) For the purposes of any person described in division 173
(A)(1) of this section, any conduct that occurs or is attempted 174
in this state; poses a substantial threat of personal injury or 175
death; and is punishable by fine, imprisonment, or death, or 176
would be so punishable but for the fact that the person engaging 177
in the conduct lacked capacity to commit the crime under the laws 178
of this state. Criminally injurious conduct does not include 179
conduct arising out of the ownership, maintenance, or use of a 180
motor vehicle, except when any of the following applies: 181
(a) The person engaging in the conduct intended to cause 183
personal injury or death; 184
(b) The person engaging in the conduct was using the 186
vehicle to flee immediately after committing a felony or an act 187
5
that would constitute a felony but for the fact that the person 188
engaging in the conduct lacked the capacity to commit the felony 189
under the laws of this state; 190
(c) The person engaging in the conduct was using the 192
vehicle in a manner that constitutes an OMVI violation; 193
(d) The conduct occurred on or after July 25, 1990, and 195
the person engaging in the conduct was using the vehicle in a 196
manner that constitutes a violation of section 2903.08 of the 197
Revised Code. 198
(2) For the purposes of any person described in division 200
(A)(2) of this section, any conduct that occurs or is attempted 201
in another state, district, territory, or foreign country; poses 202
a substantial threat of personal injury or death; and is 203
punishable by fine, imprisonment, or death, or would be so 204
punishable but for the fact that the person engaging in the 205
conduct lacked capacity to commit the crime under the laws of the 206
state, district, territory, or foreign country in which the 207
conduct occurred or was attempted. Criminally injurious conduct 208
does not include conduct arising out of the ownership, 209
maintenance, or use of a motor vehicle, except when any of the 210
following applies: 211
(a) The person engaging in the conduct intended to cause 213
personal injury or death; 214
(b) The person engaging in the conduct was using the 216
vehicle to flee immediately after committing a felony or an act 217
that would constitute a felony but for the fact that the person 218
engaging in the conduct lacked the capacity to commit the felony 219
under the laws of the state, district, territory, or foreign 220
country in which the conduct occurred or was attempted; 221
(c) The person engaging in the conduct was using the 223
vehicle in a manner that constitutes an OMVI violation; 224
(d) The conduct occurred on or after July 25, 1990, the 226
person engaging in the conduct was using the vehicle in a manner 227
that constitutes a violation of any law of the state, district, 228
6
territory, or foreign country in which the conduct occurred, and 229
that law is substantially similar to a violation of section 230
2903.08 of the Revised Code. 231
(D) "Dependent" means an individual wholly or partially 233
dependent upon the victim for care and support, and includes a 234
child of the victim born after the victim's death. 235
(E) "Economic loss" means economic detriment consisting 237
only of allowable expense, work loss, funeral expense, 238
unemployment benefits loss, and replacement services loss. If 239
criminally injurious conduct causes death, economic loss includes 240
a dependent's economic loss and a dependent's replacement 241
services loss. Noneconomic detriment is not economic loss; 242
however, economic loss may be caused by pain and suffering or 243
physical impairment. 244
(F) "Allowable expense" means reasonable charges incurred 246
for reasonably needed products, services, and accommodations, 247
including those for medical care, rehabilitation, rehabilitative 248
occupational training, and other remedial treatment and care and 249
including replacement costs for eyeglasses and other corrective 250
lenses. It does not include that portion of a charge for a room 251
in a hospital, clinic, convalescent home, nursing home, or any 252
other institution engaged in providing nursing care and related 253
services in excess of a reasonable and customary charge for 254
semiprivate accommodations, unless accommodations other than 255
semiprivate accommodations are medically required. 256
(G) "Work loss" means loss of income from work that the 258
injured person would have performed if the person had not been 260
injured and expenses reasonably incurred by the person to obtain 261
services in lieu of those the person would have performed for 263
income, reduced by any income from substitute work actually 265
performed by the person, or by income the person would have 267
earned in available appropriate substitute work that the person 269
was capable of performing but unreasonably failed to undertake. 271
(H) "Replacement services loss" means expenses reasonably 273
7
incurred in obtaining ordinary and necessary services in lieu of 274
those the injured person would have performed, not for income, 275
but for the benefit of the person's self or family, if the person 277
had not been injured. 278
(I) "Dependent's economic loss" means loss after a 280
victim's death of contributions of things of economic value to 281
the victim's dependents, not including services they would have 283
received from the victim if the victim had not suffered the fatal 284
injury, less expenses of the dependents avoided by reason of the 285
victim's death. IF A MINOR CHILD OF A VICTIM IS ADOPTED AFTER 286
THE VICTIM'S DEATH, THE MINOR CHILD CONTINUES AFTER THE ADOPTION 287
TO INCUR A DEPENDENT'S ECONOMIC LOSS AS A RESULT OF THE VICTIM'S 288
DEATH. IF THE SURVIVING SPOUSE OF A VICTIM REMARRIES, THE 289
SURVIVING SPOUSE CONTINUES AFTER THE REMARRIAGE TO INCUR A
DEPENDENT'S ECONOMIC LOSS AS A RESULT OF THE VICTIM'S DEATH. 290
(J) "Dependent's replacement services loss" means loss 292
reasonably incurred by dependents after a victim's death in 293
obtaining ordinary and necessary services in lieu of those the 294
victim would have performed for their benefit if the victim had 296
not suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in 297
calculating the dependent's economic loss. IF A MINOR CHILD OF A 298
VICTIM IS ADOPTED AFTER THE VICTIM'S DEATH, THE MINOR CHILD 299
CONTINUES AFTER THE ADOPTION TO INCUR A DEPENDENT'S REPLACEMENT 300
SERVICES LOSS AS A RESULT OF THE VICTIM'S DEATH. IF THE 301
SURVIVING SPOUSE OF A VICTIM REMARRIES, THE SURVIVING SPOUSE
CONTINUES AFTER THE REMARRIAGE TO INCUR A DEPENDENT'S REPLACEMENT 302
SERVICES LOSS AS A RESULT OF THE VICTIM'S DEATH. 303
(K) "Noneconomic detriment" means pain, suffering, 305
inconvenience, physical impairment, or other nonpecuniary damage. 306
(L) "Victim" means a person who suffers personal injury or 308
death as a result of any of the following: 309
(1) Criminally injurious conduct; 311
(2) The good faith effort of any person to prevent 313
8
criminally injurious conduct; 314
(3) The good faith effort of any person to apprehend a 316
person suspected of engaging in criminally injurious conduct. 317
(M) "Contributory misconduct" means any conduct of the 319
claimant or of the victim through whom the claimant claims an 320
award of reparations that is unlawful or intentionally tortious 321
and that, without regard to the conduct's proximity in time or 322
space to the criminally injurious conduct, has a causal 323
relationship to the criminally injurious conduct that is the 324
basis of the claim. 325
(N) "Funeral expense" means any reasonable charges that 327
are not in excess of two thousand five hundred dollars and that 328
are incurred for expenses directly related to the victim's 329
funeral, cremation, or burial. 330
(O) "Unemployment benefits loss" means a loss of 332
unemployment benefits pursuant to Chapter 4141. of the Revised 333
Code when the loss arises solely from the inability of a victim 334
to meet the able to work, available for suitable work, or the 335
actively seeking suitable work requirements of division (A)(4)(a) 336
of section 4141.29 of the Revised Code. 337
(P) "OMVI violation" means any of the following: 339
(1) A violation of section 4511.19 of the Revised Code, of 341
any municipal ordinance prohibiting the operation of a vehicle 342
while under the influence of alcohol, a drug of abuse, or alcohol 343
and a drug of abuse, or of any municipal ordinance prohibiting 344
the operation of a vehicle with a prohibited concentration of 345
alcohol in the blood, breath, or urine; 346
(2) A violation of section 2903.06 of the Revised Code, if 348
the offender was under the influence of alcohol, a drug of abuse, 349
or alcohol and a drug of abuse, at the time of the commission of 350
the offense; 351
(3) A violation of section 2903.07 of the Revised Code or 353
of a municipal ordinance substantially similar to that section, 354
if the offender was under the influence of alcohol, a drug of 355
9
abuse, or alcohol and a drug of abuse, at the time of the 356
commission of the offense; 357
(4) For purposes of any person described in division 359
(A)(2) of this section, a violation of any law of the state, 360
district, territory, or foreign country in which the criminally 361
injurious conduct occurred, if that law is substantially similar 362
to a violation described in division (P)(1) of this section or if 363
that law is substantially similar to a violation described in 364
division (P)(2) or (3) of this section and the offender was under 365
the influence of alcohol, a drug of abuse, or alcohol and a drug 366
of abuse, at the time of the commission of the offense. 367
(Q) "Pendency of the claim" for an original reparations 369
application or supplemental reparations application means the 370
period of time from the date the criminally injurious conduct 371
upon which the application is based occurred until the date a 372
final order from the court of claims concerning that original 373
reparations application or supplemental reparations application 374
is issued.
Section 2. That existing section 2743.51 of the Revised 376
Code is hereby repealed. 377