As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 523 5
1997-1998 6
REPRESENTATIVES SALERNO-BRITTON-CAREY-CORBIN-GARCIA-GARDNER-JONES- 8
MOTTLEY-PRINGLE-SULZER-TAYLOR-THOMAS-WILLIAMS-WOMER BENJAMIN 9
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A B I L L
To amend sections 2743.51 and 2743.56 of the Revised 12
Code to increase the amount of recoverable 13
funeral expenses under the Crime Victims 14
Reparations Law and to revise the information an 15
applicant must submit in an application for a 16
reparations award under that Law. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 2743.51 and 2743.56 of the 21
Revised Code be 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 281
victim's death. 282
(J) "Dependent's replacement services loss" means loss 284
reasonably incurred by dependents after a victim's death in 285
obtaining ordinary and necessary services in lieu of those the 286
victim would have performed for their benefit if the victim had 288
not suffered the fatal injury, less expenses of the dependents 289
avoided by reason of the victim's death and not subtracted in 290
calculating the dependent's economic loss. 291
(K) "Noneconomic detriment" means pain, suffering, 293
inconvenience, physical impairment, or other nonpecuniary damage. 294
(L) "Victim" means a person who suffers personal injury or 296
death as a result of any of the following: 297
(1) Criminally injurious conduct; 299
(2) The good faith effort of any person to prevent 301
criminally injurious conduct; 302
(3) The good faith effort of any person to apprehend a 304
person suspected of engaging in criminally injurious conduct. 305
(M) "Contributory misconduct" means any conduct of the 307
claimant or of the victim through whom the claimant claims an 308
award of reparations that is unlawful or intentionally tortious 309
and that, without regard to the conduct's proximity in time or 310
space to the criminally injurious conduct, has a causal 311
relationship to the criminally injurious conduct that is the 312
basis of the claim. 313
(N) "Funeral expense" means any reasonable charges that 315
are not in excess of two FIVE thousand five hundred dollars PER 317
FUNERAL and that are incurred for expenses directly related to 318
the A victim's funeral, cremation, or burial. 319
(O) "Unemployment benefits loss" means a loss of 321
unemployment benefits pursuant to Chapter 4141. of the Revised 322
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Code when the loss arises solely from the inability of a victim 323
to meet the able to work, available for suitable work, or the 324
actively seeking suitable work requirements of division (A)(4)(a) 325
of section 4141.29 of the Revised Code. 326
(P) "OMVI violation" means any of the following: 328
(1) A violation of section 4511.19 of the Revised Code, of 330
any municipal ordinance prohibiting the operation of a vehicle 331
while under the influence of alcohol, a drug of abuse, or alcohol 332
and a drug of abuse, or of any municipal ordinance prohibiting 333
the operation of a vehicle with a prohibited concentration of 334
alcohol in the blood, breath, or urine; 335
(2) A violation of section 2903.06 of the Revised Code, if 337
the offender was under the influence of alcohol, a drug of abuse, 338
or alcohol and a drug of abuse, at the time of the commission of 339
the offense; 340
(3) A violation of section 2903.07 of the Revised Code or 342
of a municipal ordinance substantially similar to that section, 343
if the offender was under the influence of alcohol, a drug of 344
abuse, or alcohol and a drug of abuse, at the time of the 345
commission of the offense; 346
(4) For purposes of any person described in division 348
(A)(2) of this section, a violation of any law of the state, 349
district, territory, or foreign country in which the criminally 350
injurious conduct occurred, if that law is substantially similar 351
to a violation described in division (P)(1) of this section or if 352
that law is substantially similar to a violation described in 353
division (P)(2) or (3) of this section and the offender was under 354
the influence of alcohol, a drug of abuse, or alcohol and a drug 355
of abuse, at the time of the commission of the offense. 356
(Q) "Pendency of the claim" for an original reparations 358
application or supplemental reparations application means the 359
period of time from the date the criminally injurious conduct 360
upon which the application is based occurred until the date a 361
final order from the court of claims concerning that original 362
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reparations application or supplemental reparations application 363
is issued.
Sec. 2743.56. (A) A claim for an award of reparations 372
shall be commenced by filing an application for an award of 373
reparations with the clerk of the court of claims or in the court 374
of common pleas pursuant to division (B) of this section. 375
(B) A claimant who files for an award of reparations in a 377
court of common pleas shall file in the court of common pleas of 378
the county of his THE CLAIMANT'S residence or, if he THE CLAIMANT 380
is not a resident of this state, in the court of common pleas of 381
the county in which the criminally injurious conduct that is the 382
basis of the application took place. Each application shall be 383
accompanied by a filing fee of seven dollars and fifty cents 384
unless waived pursuant to division (B) of section 2743.57 of the 385
Revised Code. The application shall be in a form prescribed by 386
the clerk of the court of claims, and shall contain the following 387
information:
(1) The name and address of the victim of the criminally 389
injurious conduct, the name and address of the claimant, and the 390
relationship of the claimant to the victim; 391
(2) If the victim is deceased, the name and address of 393
each dependent of the victim and the extent to which each is 394
dependent upon the victim for care and support; 395
(3) The nature of the criminally injurious conduct that is 397
the basis for the claim and the date on which the conduct 398
occurred; 399
(4)(3) The law enforcement agency or officer to whom the 401
criminally injurious conduct was reported and the date on which 402
it was reported; 403
(5)(4) The nature and extent of the injuries that the 405
victim sustained from the criminally injurious conduct, the name 406
and address of any person who gave medical treatment to the 407
victim for the injuries, the name and address of any hospital or 408
similar institution where the victim received medical treatment 409
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for the injuries, and whether the victim died as a result of the 410
injuries; 411
(6)(5) The TYPE OF economic loss that the victim, a 413
dependent, or the claimant sustained as a result of the 415
criminally injurious conduct; 416
(7) The amount of benefits or advantages that the victim, 418
a dependent, or the claimant has received or is entitled to 419
receive from any collateral source for economic loss that 420
resulted from the criminally injurious conduct and the name of 421
each collateral source; 422
(8)(6) A release authorizing the court of claims, the 424
court of claims commissioners, and the staff of the attorney 425
general to obtain any report, document, or information that 426
relates to the determination of the claim for an award of 427
reparations that is requested in the application; 428
(9)(7) Any information that the clerk of the court of 430
claims requires and that is reasonably related to an application 431
for an award of reparations. The clerk of the court of claims 432
may require the claimant to submit with the application materials 433
to substantiate the facts that are stated in the application. 434
(C) All applications for an award of reparations shall be 436
filed as follows: 437
(1) If the victim of the criminally injurious conduct was 439
a minor, within two years from the date a complaint, indictment, 440
or information is filed against the alleged offender. This 441
division does not require that a complaint, indictment, or 442
information be filed against an alleged offender in order for an 443
application for an award of reparations to be filed pertaining to 444
a victim who was a minor, and does not affect the provisions of 445
section 2743.64 of the Revised Code. This division applies to 446
all applications for an award of reparations filed on or after 447
March 11, 1987, and to any application for an award of 448
reparations filed before March 11, 1987, for which an award or 449
denial of the claim is not final within the meaning of division 450
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(B) of section 2743.61 of the Revised Code. 451
(2) If the victim of the criminally injurious conduct was 453
an adult, within two years after the occurrence of the criminally 454
injurious conduct. 455
Section 2. That existing sections 2743.51 and 2743.56 of 458
the Revised Code are hereby repealed.