As Passed by the House 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-KRUPINSKI-COLONNA- 10
REID-WISE-METZGER-TIBERI-MYERS-BRADING-HOUSEHOLDER-JOHNSON- 11
LEWIS-PRENTISS-VERICH-PATTON-OPFER-O'BRIEN-OLMAN-HARRIS- 12
GRENDELL-MOTTL-CORE-BENDER-BOYD-HEALY-VESPER-TAVARES- 13
ROBERTS-HAINES-METELSKY-DAMSCHRODER-YOUNG-MILLER 14
16
A B I L L
To amend sections 2743.51 and 2743.56 of the Revised 18
Code to increase the amount of recoverable 19
funeral expenses under the Crime Victims 20
Reparations Law and to revise the information an 21
applicant must submit in an application for a 22
reparations award under that Law. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 2743.51 and 2743.56 of the 27
Revised Code be amended to read as follows: 28
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of 37
the Revised Code: 38
(A) "Claimant" means both of the following categories of 40
persons: 41
(1) Any of the following persons who claim an award of 43
reparations under sections 2743.51 to 2743.72 of the Revised 44
Code: 45
(a) A victim who was one of the following at the time of 47
the criminally injurious conduct: 48
(i) A resident of the United States; 50
(ii) A resident of a foreign country the laws of which 52
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permit residents of this state to recover compensation as victims 53
of offenses committed in that country. 54
(b) A dependent of a deceased victim who is described in 56
division (A)(1)(a) of this section; 57
(c) A third person, other than a collateral source, who 59
legally assumes or voluntarily pays the obligations of a victim, 60
or of a dependent of a victim, who is described in division 61
(A)(1)(a) of this section, which obligations are incurred as a 62
result of the criminally injurious conduct that is the subject of 63
the claim and may include, but are not limited to, medical or 64
burial expenses; 65
(d) A person who is authorized to act on behalf of any 67
person who is described in division (A)(1)(a), (b), or (c) of 68
this section. 69
(2) Any of the following persons who claim an award of 71
reparations under sections 2743.51 to 2743.72 of the Revised 72
Code: 73
(a) A victim who had a permanent place of residence within 75
this state at the time of the criminally injurious conduct and 76
who, at the time of the criminally injurious conduct, complied 77
with any one of the following: 78
(i) Had a permanent place of employment in this state; 80
(ii) Was a member of the regular armed forces of the 82
United States or of the United States coast guard or was a 83
full-time member of the Ohio organized militia or of the United 84
States army reserve, naval reserve, or air force reserve; 85
(iii) Was retired and receiving social security or any 87
other retirement income; 88
(iv) Was sixty years of age or older; 90
(v) Was temporarily in another state for the purpose of 92
receiving medical treatment; 93
(vi) Was temporarily in another state for the purpose of 95
performing employment-related duties required by an employer 96
located within this state as an express condition of employment 97
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or employee benefits; 98
(vii) Was temporarily in another state for the purpose of 100
receiving occupational, vocational, or other job-related training 101
or instruction required by an employer located within this state 102
as an express condition of employment or employee benefits; 103
(viii) Was a full-time student at an academic institution, 105
college, or university located in another state; 106
(ix) Had not departed the geographical boundaries of this 108
state for a period exceeding thirty days or with the intention of 109
becoming a citizen of another state or establishing a permanent 110
place of residence in another state. 111
(b) A dependent of a deceased victim who is described in 113
division (A)(2)(a) of this section; 114
(c) A third person, other than a collateral source, who 116
legally assumes or voluntarily pays the obligations of a victim, 117
or of a dependent of a victim, who is described in division 118
(A)(2)(a) of this section, which obligations are incurred as a 119
result of the criminally injurious conduct that is the subject of 120
the claim and may include, but are not limited to, medical or 121
burial expenses; 122
(d) A person who is authorized to act on behalf of any 124
person who is described in division (A)(2)(a), (b), or (c) of 125
this section. 126
(B) "Collateral source" means a source of benefits or 128
advantages for economic loss otherwise reparable that the victim 129
or claimant has received, or that is readily available to the 130
victim or claimant, from any of the following sources: 131
(1) The offender; 133
(2) The government of the United States or any of its 135
agencies, a state or any of its political subdivisions, or an 136
instrumentality of two or more states, unless the law providing 137
for the benefits or advantages makes them excess or secondary to 138
benefits under sections 2743.51 to 2743.72 of the Revised Code; 139
(3) Social security, medicare, and medicaid; 141
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(4) State-required, temporary, nonoccupational disability 143
insurance; 144
(5) Workers' compensation; 146
(6) Wage continuation programs of any employer; 148
(7) Proceeds of a contract of insurance payable to the 150
victim for loss that the victim sustained because of the 151
criminally injurious conduct; 153
(8) A contract providing prepaid hospital and other health 155
care services, or benefits for disability; 156
(9) That portion of the proceeds of all contracts of 158
insurance payable to the claimant on account of the death of the 159
victim that exceeds fifty thousand dollars; 160
(10) Any compensation recovered or recoverable under the 162
laws of another state, district, territory, or foreign country 163
because the victim was the victim of an offense committed in that 164
state, district, territory, or country. 165
"Collateral source" does not include any money, or the 167
monetary value of any property, that is subject to sections 168
2969.01 to 2969.06 of the Revised Code. 169
(C) "Criminally injurious conduct" means either of the 171
following: 172
(1) For the purposes of any person described in division 174
(A)(1) of this section, any conduct that occurs or is attempted 175
in this state; poses a substantial threat of personal injury or 176
death; and is punishable by fine, imprisonment, or death, or 177
would be so punishable but for the fact that the person engaging 178
in the conduct lacked capacity to commit the crime under the laws 179
of this state. Criminally injurious conduct does not include 180
conduct arising out of the ownership, maintenance, or use of a 181
motor vehicle, except when any of the following applies: 182
(a) The person engaging in the conduct intended to cause 184
personal injury or death; 185
(b) The person engaging in the conduct was using the 187
vehicle to flee immediately after committing a felony or an act 188
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that would constitute a felony but for the fact that the person 189
engaging in the conduct lacked the capacity to commit the felony 190
under the laws of this state; 191
(c) The person engaging in the conduct was using the 193
vehicle in a manner that constitutes an OMVI violation; 194
(d) The conduct occurred on or after July 25, 1990, and 196
the person engaging in the conduct was using the vehicle in a 197
manner that constitutes a violation of section 2903.08 of the 198
Revised Code. 199
(2) For the purposes of any person described in division 201
(A)(2) of this section, any conduct that occurs or is attempted 202
in another state, district, territory, or foreign country; poses 203
a substantial threat of personal injury or death; and is 204
punishable by fine, imprisonment, or death, or would be so 205
punishable but for the fact that the person engaging in the 206
conduct lacked capacity to commit the crime under the laws of the 207
state, district, territory, or foreign country in which the 208
conduct occurred or was attempted. Criminally injurious conduct 209
does not include conduct arising out of the ownership, 210
maintenance, or use of a motor vehicle, except when any of the 211
following applies: 212
(a) The person engaging in the conduct intended to cause 214
personal injury or death; 215
(b) The person engaging in the conduct was using the 217
vehicle to flee immediately after committing a felony or an act 218
that would constitute a felony but for the fact that the person 219
engaging in the conduct lacked the capacity to commit the felony 220
under the laws of the state, district, territory, or foreign 221
country in which the conduct occurred or was attempted; 222
(c) The person engaging in the conduct was using the 224
vehicle in a manner that constitutes an OMVI violation; 225
(d) The conduct occurred on or after July 25, 1990, the 227
person engaging in the conduct was using the vehicle in a manner 228
that constitutes a violation of any law of the state, district, 229
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territory, or foreign country in which the conduct occurred, and 230
that law is substantially similar to a violation of section 231
2903.08 of the Revised Code. 232
(D) "Dependent" means an individual wholly or partially 234
dependent upon the victim for care and support, and includes a 235
child of the victim born after the victim's death. 236
(E) "Economic loss" means economic detriment consisting 238
only of allowable expense, work loss, funeral expense, 239
unemployment benefits loss, and replacement services loss. If 240
criminally injurious conduct causes death, economic loss includes 241
a dependent's economic loss and a dependent's replacement 242
services loss. Noneconomic detriment is not economic loss; 243
however, economic loss may be caused by pain and suffering or 244
physical impairment. 245
(F) "Allowable expense" means reasonable charges incurred 247
for reasonably needed products, services, and accommodations, 248
including those for medical care, rehabilitation, rehabilitative 249
occupational training, and other remedial treatment and care and 250
including replacement costs for eyeglasses and other corrective 251
lenses. It does not include that portion of a charge for a room 252
in a hospital, clinic, convalescent home, nursing home, or any 253
other institution engaged in providing nursing care and related 254
services in excess of a reasonable and customary charge for 255
semiprivate accommodations, unless accommodations other than 256
semiprivate accommodations are medically required. 257
(G) "Work loss" means loss of income from work that the 259
injured person would have performed if the person had not been 261
injured and expenses reasonably incurred by the person to obtain 262
services in lieu of those the person would have performed for 264
income, reduced by any income from substitute work actually 266
performed by the person, or by income the person would have 268
earned in available appropriate substitute work that the person 270
was capable of performing but unreasonably failed to undertake. 272
(H) "Replacement services loss" means expenses reasonably 274
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incurred in obtaining ordinary and necessary services in lieu of 275
those the injured person would have performed, not for income, 276
but for the benefit of the person's self or family, if the person 278
had not been injured. 279
(I) "Dependent's economic loss" means loss after a 281
victim's death of contributions of things of economic value to 282
the victim's dependents, not including services they would have 284
received from the victim if the victim had not suffered the fatal 285
injury, less expenses of the dependents avoided by reason of the 287
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 295
avoided by reason of the victim's death and not subtracted in 296
calculating the dependent's economic loss. 297
(K) "Noneconomic detriment" means pain, suffering, 299
inconvenience, physical impairment, or other nonpecuniary damage. 300
(L) "Victim" means a person who suffers personal injury or 302
death as a result of any of the following: 303
(1) Criminally injurious conduct; 305
(2) The good faith effort of any person to prevent 307
criminally injurious conduct; 308
(3) The good faith effort of any person to apprehend a 310
person suspected of engaging in criminally injurious conduct. 311
(M) "Contributory misconduct" means any conduct of the 313
claimant or of the victim through whom the claimant claims an 314
award of reparations that is unlawful or intentionally tortious 315
and that, without regard to the conduct's proximity in time or 316
space to the criminally injurious conduct, has a causal 317
relationship to the criminally injurious conduct that is the 318
basis of the claim. 319
(N) "Funeral expense" means any reasonable charges that 321
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are not in excess of two FIVE thousand five hundred dollars PER 323
FUNERAL and that are incurred for expenses directly related to 324
the A victim's funeral, cremation, or burial. 325
(O) "Unemployment benefits loss" means a loss of 327
unemployment benefits pursuant to Chapter 4141. of the Revised 328
Code when the loss arises solely from the inability of a victim 329
to meet the able to work, available for suitable work, or the 330
actively seeking suitable work requirements of division (A)(4)(a) 331
of section 4141.29 of the Revised Code. 332
(P) "OMVI violation" means any of the following: 334
(1) A violation of section 4511.19 of the Revised Code, of 336
any municipal ordinance prohibiting the operation of a vehicle 337
while under the influence of alcohol, a drug of abuse, or alcohol 338
and a drug of abuse, or of any municipal ordinance prohibiting 339
the operation of a vehicle with a prohibited concentration of 340
alcohol in the blood, breath, or urine; 341
(2) A violation of section 2903.06 of the Revised Code, if 343
the offender was under the influence of alcohol, a drug of abuse, 344
or alcohol and a drug of abuse, at the time of the commission of 345
the offense; 346
(3) A violation of section 2903.07 of the Revised Code or 348
of a municipal ordinance substantially similar to that section, 349
if the offender was under the influence of alcohol, a drug of 350
abuse, or alcohol and a drug of abuse, at the time of the 351
commission of the offense; 352
(4) For purposes of any person described in division 354
(A)(2) of this section, a violation of any law of the state, 355
district, territory, or foreign country in which the criminally 356
injurious conduct occurred, if that law is substantially similar 357
to a violation described in division (P)(1) of this section or if 358
that law is substantially similar to a violation described in 359
division (P)(2) or (3) of this section and the offender was under 360
the influence of alcohol, a drug of abuse, or alcohol and a drug 361
of abuse, at the time of the commission of the offense. 362
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(Q) "Pendency of the claim" for an original reparations 364
application or supplemental reparations application means the 365
period of time from the date the criminally injurious conduct 366
upon which the application is based occurred until the date a 367
final order from the court of claims concerning that original 368
reparations application or supplemental reparations application 369
is issued.
Sec. 2743.56. (A) A claim for an award of reparations 378
shall be commenced by filing an application for an award of 379
reparations with the clerk of the court of claims or in the court 380
of common pleas pursuant to division (B) of this section. 381
(B) A claimant who files for an award of reparations in a 383
court of common pleas shall file in the court of common pleas of 384
the county of his THE CLAIMANT'S residence or, if he THE CLAIMANT 386
is not a resident of this state, in the court of common pleas of 387
the county in which the criminally injurious conduct that is the 388
basis of the application took place. Each application shall be 389
accompanied by a filing fee of seven dollars and fifty cents 390
unless waived pursuant to division (B) of section 2743.57 of the 391
Revised Code. The application shall be in a form prescribed by 392
the clerk of the court of claims, and shall contain the following 393
information:
(1) The name and address of the victim of the criminally 395
injurious conduct, the name and address of the claimant, and the 396
relationship of the claimant to the victim; 397
(2) If the victim is deceased, the name and address of 399
each dependent of the victim and the extent to which each is 400
dependent upon the victim for care and support; 401
(3) The nature of the criminally injurious conduct that is 403
the basis for the claim and the date on which the conduct 404
occurred; 405
(4)(3) The law enforcement agency or officer to whom the 407
criminally injurious conduct was reported and the date on which 408
it was reported; 409
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(5)(4) The nature and extent of the injuries that the 411
victim sustained from the criminally injurious conduct, the name 412
and address of any person who gave medical treatment to the 413
victim for the injuries, the name and address of any hospital or 414
similar institution where the victim received medical treatment 415
for the injuries, and whether the victim died as a result of the 416
injuries; 417
(6)(5) The TYPE OF economic loss that the victim, a 419
dependent, or the claimant sustained as a result of the 421
criminally injurious conduct; 422
(7) The amount of benefits or advantages that the victim, 424
a dependent, or the claimant has received or is entitled to 425
receive from any collateral source for economic loss that 426
resulted from the criminally injurious conduct and the name of 427
each collateral source; 428
(8)(6) A release authorizing the court of claims, the 430
court of claims commissioners, and the staff of the attorney 431
general to obtain any report, document, or information that 432
relates to the determination of the claim for an award of 433
reparations that is requested in the application; 434
(9)(7) Any information that the clerk of the court of 436
claims requires and that is reasonably related to an application 437
for an award of reparations. The clerk of the court of claims 438
may require the claimant to submit with the application materials 439
to substantiate the facts that are stated in the application. 440
(C) All applications for an award of reparations shall be 442
filed as follows: 443
(1) If the victim of the criminally injurious conduct was 445
a minor, within two years from the date a complaint, indictment, 446
or information is filed against the alleged offender. This 447
division does not require that a complaint, indictment, or 448
information be filed against an alleged offender in order for an 449
application for an award of reparations to be filed pertaining to 450
a victim who was a minor, and does not affect the provisions of 451
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section 2743.64 of the Revised Code. This division applies to 452
all applications for an award of reparations filed on or after 453
March 11, 1987, and to any application for an award of 454
reparations filed before March 11, 1987, for which an award or 455
denial of the claim is not final within the meaning of division 456
(B) of section 2743.61 of the Revised Code. 457
(2) If the victim of the criminally injurious conduct was 459
an adult, within two years after the occurrence of the criminally 460
injurious conduct. 461
Section 2. That existing sections 2743.51 and 2743.56 of 464
the Revised Code are hereby repealed.