As Reported by the House Criminal Justice Committee 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
MASON-BATCHELDER-SUTTON-FORD-WILLAMOWSKI 10
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A B I L L
To amend sections 2743.51 and 2743.56 of the Revised 14
Code to increase the amount of recoverable 15
funeral expenses under the Crime Victims 16
Reparations Law and to revise the information an 17
applicant must submit in an application for a 18
reparations award under that Law. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 2743.51 and 2743.56 of the 23
Revised Code be amended to read as follows: 24
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of 33
the Revised Code: 34
(A) "Claimant" means both of the following categories of 36
persons: 37
(1) Any of the following persons who claim an award of 39
reparations under sections 2743.51 to 2743.72 of the Revised 40
Code: 41
(a) A victim who was one of the following at the time of 43
the criminally injurious conduct: 44
(i) A resident of the United States; 46
(ii) A resident of a foreign country the laws of which 48
permit residents of this state to recover compensation as victims 49
of offenses committed in that country. 50
(b) A dependent of a deceased victim who is described in 52
division (A)(1)(a) of this section; 53
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(c) A third person, other than a collateral source, who 55
legally assumes or voluntarily pays the obligations of a victim, 56
or of a dependent of a victim, who is described in division 57
(A)(1)(a) of this section, which obligations are incurred as a 58
result of the criminally injurious conduct that is the subject of 59
the claim and may include, but are not limited to, medical or 60
burial expenses; 61
(d) A person who is authorized to act on behalf of any 63
person who is described in division (A)(1)(a), (b), or (c) of 64
this section. 65
(2) Any of the following persons who claim an award of 67
reparations under sections 2743.51 to 2743.72 of the Revised 68
Code: 69
(a) A victim who had a permanent place of residence within 71
this state at the time of the criminally injurious conduct and 72
who, at the time of the criminally injurious conduct, complied 73
with any one of the following: 74
(i) Had a permanent place of employment in this state; 76
(ii) Was a member of the regular armed forces of the 78
United States or of the United States coast guard or was a 79
full-time member of the Ohio organized militia or of the United 80
States army reserve, naval reserve, or air force reserve; 81
(iii) Was retired and receiving social security or any 83
other retirement income; 84
(iv) Was sixty years of age or older; 86
(v) Was temporarily in another state for the purpose of 88
receiving medical treatment; 89
(vi) Was temporarily in another state for the purpose of 91
performing employment-related duties required by an employer 92
located within this state as an express condition of employment 93
or employee benefits; 94
(vii) Was temporarily in another state for the purpose of 96
receiving occupational, vocational, or other job-related training 97
or instruction required by an employer located within this state 98
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as an express condition of employment or employee benefits; 99
(viii) Was a full-time student at an academic institution, 101
college, or university located in another state; 102
(ix) Had not departed the geographical boundaries of this 104
state for a period exceeding thirty days or with the intention of 105
becoming a citizen of another state or establishing a permanent 106
place of residence in another state. 107
(b) A dependent of a deceased victim who is described in 109
division (A)(2)(a) of this section; 110
(c) A third person, other than a collateral source, who 112
legally assumes or voluntarily pays the obligations of a victim, 113
or of a dependent of a victim, who is described in division 114
(A)(2)(a) of this section, which obligations are incurred as a 115
result of the criminally injurious conduct that is the subject of 116
the claim and may include, but are not limited to, medical or 117
burial expenses; 118
(d) A person who is authorized to act on behalf of any 120
person who is described in division (A)(2)(a), (b), or (c) of 121
this section. 122
(B) "Collateral source" means a source of benefits or 124
advantages for economic loss otherwise reparable that the victim 125
or claimant has received, or that is readily available to the 126
victim or claimant, from any of the following sources: 127
(1) The offender; 129
(2) The government of the United States or any of its 131
agencies, a state or any of its political subdivisions, or an 132
instrumentality of two or more states, unless the law providing 133
for the benefits or advantages makes them excess or secondary to 134
benefits under sections 2743.51 to 2743.72 of the Revised Code; 135
(3) Social security, medicare, and medicaid; 137
(4) State-required, temporary, nonoccupational disability 139
insurance; 140
(5) Workers' compensation; 142
(6) Wage continuation programs of any employer; 144
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(7) Proceeds of a contract of insurance payable to the 146
victim for loss that the victim sustained because of the 147
criminally injurious conduct; 149
(8) A contract providing prepaid hospital and other health 151
care services, or benefits for disability; 152
(9) That portion of the proceeds of all contracts of 154
insurance payable to the claimant on account of the death of the 155
victim that exceeds fifty thousand dollars; 156
(10) Any compensation recovered or recoverable under the 158
laws of another state, district, territory, or foreign country 159
because the victim was the victim of an offense committed in that 160
state, district, territory, or country. 161
"Collateral source" does not include any money, or the 163
monetary value of any property, that is subject to sections 164
2969.01 to 2969.06 of the Revised Code. 165
(C) "Criminally injurious conduct" means either of the 167
following: 168
(1) For the purposes of any person described in division 170
(A)(1) of this section, any conduct that occurs or is attempted 171
in this state; poses a substantial threat of personal injury or 172
death; and is punishable by fine, imprisonment, or death, or 173
would be so punishable but for the fact that the person engaging 174
in the conduct lacked capacity to commit the crime under the laws 175
of this state. Criminally injurious conduct does not include 176
conduct arising out of the ownership, maintenance, or use of a 177
motor vehicle, except when any of the following applies: 178
(a) The person engaging in the conduct intended to cause 180
personal injury or death; 181
(b) The person engaging in the conduct was using the 183
vehicle to flee immediately after committing a felony or an act 184
that would constitute a felony but for the fact that the person 185
engaging in the conduct lacked the capacity to commit the felony 186
under the laws of this state; 187
(c) The person engaging in the conduct was using the 189
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vehicle in a manner that constitutes an OMVI violation; 190
(d) The conduct occurred on or after July 25, 1990, and 192
the person engaging in the conduct was using the vehicle in a 193
manner that constitutes a violation of section 2903.08 of the 194
Revised Code. 195
(2) For the purposes of any person described in division 197
(A)(2) of this section, any conduct that occurs or is attempted 198
in another state, district, territory, or foreign country; poses 199
a substantial threat of personal injury or death; and is 200
punishable by fine, imprisonment, or death, or would be so 201
punishable but for the fact that the person engaging in the 202
conduct lacked capacity to commit the crime under the laws of the 203
state, district, territory, or foreign country in which the 204
conduct occurred or was attempted. Criminally injurious conduct 205
does not include conduct arising out of the ownership, 206
maintenance, or use of a motor vehicle, except when any of the 207
following applies: 208
(a) The person engaging in the conduct intended to cause 210
personal injury or death; 211
(b) The person engaging in the conduct was using the 213
vehicle to flee immediately after committing a felony or an act 214
that would constitute a felony but for the fact that the person 215
engaging in the conduct lacked the capacity to commit the felony 216
under the laws of the state, district, territory, or foreign 217
country in which the conduct occurred or was attempted; 218
(c) The person engaging in the conduct was using the 220
vehicle in a manner that constitutes an OMVI violation; 221
(d) The conduct occurred on or after July 25, 1990, the 223
person engaging in the conduct was using the vehicle in a manner 224
that constitutes a violation of any law of the state, district, 225
territory, or foreign country in which the conduct occurred, and 226
that law is substantially similar to a violation of section 227
2903.08 of the Revised Code. 228
(D) "Dependent" means an individual wholly or partially 230
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dependent upon the victim for care and support, and includes a 231
child of the victim born after the victim's death. 232
(E) "Economic loss" means economic detriment consisting 234
only of allowable expense, work loss, funeral expense, 235
unemployment benefits loss, and replacement services loss. If 236
criminally injurious conduct causes death, economic loss includes 237
a dependent's economic loss and a dependent's replacement 238
services loss. Noneconomic detriment is not economic loss; 239
however, economic loss may be caused by pain and suffering or 240
physical impairment. 241
(F) "Allowable expense" means reasonable charges incurred 243
for reasonably needed products, services, and accommodations, 244
including those for medical care, rehabilitation, rehabilitative 245
occupational training, and other remedial treatment and care and 246
including replacement costs for eyeglasses and other corrective 247
lenses. It does not include that portion of a charge for a room 248
in a hospital, clinic, convalescent home, nursing home, or any 249
other institution engaged in providing nursing care and related 250
services in excess of a reasonable and customary charge for 251
semiprivate accommodations, unless accommodations other than 252
semiprivate accommodations are medically required. 253
(G) "Work loss" means loss of income from work that the 255
injured person would have performed if the person had not been 257
injured and expenses reasonably incurred by the person to obtain 258
services in lieu of those the person would have performed for 260
income, reduced by any income from substitute work actually 262
performed by the person, or by income the person would have 264
earned in available appropriate substitute work that the person 266
was capable of performing but unreasonably failed to undertake. 268
(H) "Replacement services loss" means expenses reasonably 270
incurred in obtaining ordinary and necessary services in lieu of 271
those the injured person would have performed, not for income, 272
but for the benefit of the person's self or family, if the person 274
had not been injured. 275
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(I) "Dependent's economic loss" means loss after a 277
victim's death of contributions of things of economic value to 278
the victim's dependents, not including services they would have 280
received from the victim if the victim had not suffered the fatal 281
injury, less expenses of the dependents avoided by reason of the 283
victim's death. 284
(J) "Dependent's replacement services loss" means loss 286
reasonably incurred by dependents after a victim's death in 287
obtaining ordinary and necessary services in lieu of those the 288
victim would have performed for their benefit if the victim had 290
not suffered the fatal injury, less expenses of the dependents 291
avoided by reason of the victim's death and not subtracted in 292
calculating the dependent's economic loss. 293
(K) "Noneconomic detriment" means pain, suffering, 295
inconvenience, physical impairment, or other nonpecuniary damage. 296
(L) "Victim" means a person who suffers personal injury or 298
death as a result of any of the following: 299
(1) Criminally injurious conduct; 301
(2) The good faith effort of any person to prevent 303
criminally injurious conduct; 304
(3) The good faith effort of any person to apprehend a 306
person suspected of engaging in criminally injurious conduct. 307
(M) "Contributory misconduct" means any conduct of the 309
claimant or of the victim through whom the claimant claims an 310
award of reparations that is unlawful or intentionally tortious 311
and that, without regard to the conduct's proximity in time or 312
space to the criminally injurious conduct, has a causal 313
relationship to the criminally injurious conduct that is the 314
basis of the claim. 315
(N) "Funeral expense" means any reasonable charges that 317
are not in excess of two FIVE thousand five hundred dollars PER 319
FUNERAL and that are incurred for expenses directly related to 320
the A victim's funeral, cremation, or burial. 321
(O) "Unemployment benefits loss" means a loss of 323
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unemployment benefits pursuant to Chapter 4141. of the Revised 324
Code when the loss arises solely from the inability of a victim 325
to meet the able to work, available for suitable work, or the 326
actively seeking suitable work requirements of division (A)(4)(a) 327
of section 4141.29 of the Revised Code. 328
(P) "OMVI violation" means any of the following: 330
(1) A violation of section 4511.19 of the Revised Code, of 332
any municipal ordinance prohibiting the operation of a vehicle 333
while under the influence of alcohol, a drug of abuse, or alcohol 334
and a drug of abuse, or of any municipal ordinance prohibiting 335
the operation of a vehicle with a prohibited concentration of 336
alcohol in the blood, breath, or urine; 337
(2) A violation of section 2903.06 of the Revised Code, if 339
the offender was under the influence of alcohol, a drug of abuse, 340
or alcohol and a drug of abuse, at the time of the commission of 341
the offense; 342
(3) A violation of section 2903.07 of the Revised Code or 344
of a municipal ordinance substantially similar to that section, 345
if the offender was under the influence of alcohol, a drug of 346
abuse, or alcohol and a drug of abuse, at the time of the 347
commission of the offense; 348
(4) For purposes of any person described in division 350
(A)(2) of this section, a violation of any law of the state, 351
district, territory, or foreign country in which the criminally 352
injurious conduct occurred, if that law is substantially similar 353
to a violation described in division (P)(1) of this section or if 354
that law is substantially similar to a violation described in 355
division (P)(2) or (3) of this section and the offender was under 356
the influence of alcohol, a drug of abuse, or alcohol and a drug 357
of abuse, at the time of the commission of the offense. 358
(Q) "Pendency of the claim" for an original reparations 360
application or supplemental reparations application means the 361
period of time from the date the criminally injurious conduct 362
upon which the application is based occurred until the date a 363
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final order from the court of claims concerning that original 364
reparations application or supplemental reparations application 365
is issued.
Sec. 2743.56. (A) A claim for an award of reparations 374
shall be commenced by filing an application for an award of 375
reparations with the clerk of the court of claims or in the court 376
of common pleas pursuant to division (B) of this section. 377
(B) A claimant who files for an award of reparations in a 379
court of common pleas shall file in the court of common pleas of 380
the county of his THE CLAIMANT'S residence or, if he THE CLAIMANT 382
is not a resident of this state, in the court of common pleas of 383
the county in which the criminally injurious conduct that is the 384
basis of the application took place. Each application shall be 385
accompanied by a filing fee of seven dollars and fifty cents 386
unless waived pursuant to division (B) of section 2743.57 of the 387
Revised Code. The application shall be in a form prescribed by 388
the clerk of the court of claims, and shall contain the following 389
information:
(1) The name and address of the victim of the criminally 391
injurious conduct, the name and address of the claimant, and the 392
relationship of the claimant to the victim; 393
(2) If the victim is deceased, the name and address of 395
each dependent of the victim and the extent to which each is 396
dependent upon the victim for care and support; 397
(3) The nature of the criminally injurious conduct that is 399
the basis for the claim and the date on which the conduct 400
occurred; 401
(4)(3) The law enforcement agency or officer to whom the 403
criminally injurious conduct was reported and the date on which 404
it was reported; 405
(5)(4) The nature and extent of the injuries that the 407
victim sustained from the criminally injurious conduct, the name 408
and address of any person who gave medical treatment to the 409
victim for the injuries, the name and address of any hospital or 410
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similar institution where the victim received medical treatment 411
for the injuries, and whether the victim died as a result of the 412
injuries; 413
(6)(5) The TYPE OF economic loss that the victim, a 415
dependent, or the claimant sustained as a result of the 417
criminally injurious conduct; 418
(7) The amount of benefits or advantages that the victim, 420
a dependent, or the claimant has received or is entitled to 421
receive from any collateral source for economic loss that 422
resulted from the criminally injurious conduct and the name of 423
each collateral source; 424
(8)(6) A release authorizing the court of claims, the 426
court of claims commissioners, and the staff of the attorney 427
general to obtain any report, document, or information that 428
relates to the determination of the claim for an award of 429
reparations that is requested in the application; 430
(9)(7) Any information that the clerk of the court of 432
claims requires and that is reasonably related to an application 433
for an award of reparations. The clerk of the court of claims 434
may require the claimant to submit with the application materials 435
to substantiate the facts that are stated in the application. 436
(C) All applications for an award of reparations shall be 438
filed as follows: 439
(1) If the victim of the criminally injurious conduct was 441
a minor, within two years from the date a complaint, indictment, 442
or information is filed against the alleged offender. This 443
division does not require that a complaint, indictment, or 444
information be filed against an alleged offender in order for an 445
application for an award of reparations to be filed pertaining to 446
a victim who was a minor, and does not affect the provisions of 447
section 2743.64 of the Revised Code. This division applies to 448
all applications for an award of reparations filed on or after 449
March 11, 1987, and to any application for an award of 450
reparations filed before March 11, 1987, for which an award or 451
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denial of the claim is not final within the meaning of division 452
(B) of section 2743.61 of the Revised Code. 453
(2) If the victim of the criminally injurious conduct was 455
an adult, within two years after the occurrence of the criminally 456
injurious conduct. 457
Section 2. That existing sections 2743.51 and 2743.56 of 460
the Revised Code are hereby repealed.