As Reported by the Senate Judiciary Committee            1            

122nd General Assembly                                             4            

   Regular Session                            Sub. 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           

            SENATORS J. JOHNSON-OELSLAGER-B. JOHNSON               15           


                                                                   17           

                           A   B I L L                                          

             To amend sections 2743.51, 2743.56, and 2743.62 of    19           

                the Revised Code to increase the amount of         20           

                recoverable funeral expenses under the Crime                    

                Victims Reparations Law, to revise the             21           

                information an applicant must submit in an         23           

                application for a reparations award  under that    24           

                Law, and to provide that confidential information               

                obtained by the Court of Claims or Attorney        25           

                General under that Law remains confidential while               

                in the Court's or Attorney General's possession.   26           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        28           

      Section 1.  That sections 2743.51, 2743.56, and 2743.62 of   30           

the Revised Code be amended to read as follows:                    31           

      Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of     41           

the Revised Code:                                                  42           

      (A)  "Claimant" means both of the following categories of    44           

persons:                                                           45           

      (1)  Any of the following persons who claim an award of      47           

reparations under sections 2743.51 to 2743.72 of the Revised       48           

                                                          2      

                                                                 
Code:                                                              49           

      (a)  A victim who was one of the following at the time of    51           

the criminally injurious conduct:                                  52           

      (i)  A resident of the United States;                        54           

      (ii)  A resident of a foreign country the laws of which      56           

permit residents of this state to recover compensation as victims  57           

of offenses committed in that country.                             58           

      (b)  A dependent of a deceased victim who is described in    60           

division (A)(1)(a) of this section;                                61           

      (c)  A third person, other than a collateral source, who     63           

legally assumes or voluntarily pays the obligations of a victim,   64           

or of a dependent of a victim, who is described in division        65           

(A)(1)(a) of this section, which obligations are incurred as a     66           

result of the criminally injurious conduct that is the subject of  67           

the claim and may include, but are not limited to, medical or      68           

burial expenses;                                                   69           

      (d)  A person who is authorized to act on behalf of any      71           

person who is described in division (A)(1)(a), (b), or (c) of      72           

this section.                                                      73           

      (2)  Any of the following persons who claim an award of      75           

reparations under sections 2743.51 to 2743.72 of the Revised       76           

Code:                                                              77           

      (a)  A victim who had a permanent place of residence within  79           

this state at the time of the criminally injurious conduct and     80           

who, at the time of the criminally injurious conduct, complied     81           

with any one of the following:                                     82           

      (i)  Had a permanent place of employment in this state;      84           

      (ii)  Was a member of the regular armed forces of the        86           

United States or of the United States coast guard or was a         87           

full-time member of the Ohio organized militia or of the United    88           

States army reserve, naval reserve, or air force reserve;          89           

      (iii)  Was retired and receiving social security or any      91           

other retirement income;                                           92           

      (iv)  Was sixty years of age or older;                       94           

                                                          3      

                                                                 
      (v)  Was temporarily in another state for the purpose of     96           

receiving medical treatment;                                       97           

      (vi)  Was temporarily in another state for the purpose of    99           

performing employment-related duties required by an employer       100          

located within this state as an express condition of employment    101          

or employee benefits;                                              102          

      (vii)  Was temporarily in another state for the purpose of   104          

receiving occupational, vocational, or other job-related training  105          

or instruction required by an employer located within this state   106          

as an express condition of employment or employee benefits;        107          

      (viii)  Was a full-time student at an academic institution,  109          

college, or university located in another state;                   110          

      (ix)  Had not departed the geographical boundaries of this   112          

state for a period exceeding thirty days or with the intention of  113          

becoming a citizen of another state or establishing a permanent    114          

place of residence in another state.                               115          

      (b)  A dependent of a deceased victim who is described in    117          

division (A)(2)(a) of this section;                                118          

      (c)  A third person, other than a collateral source, who     120          

legally assumes or voluntarily pays the obligations of a victim,   121          

or of a dependent of a victim, who is described in division        122          

(A)(2)(a) of this section, which obligations are incurred as a     123          

result of the criminally injurious conduct that is the subject of  124          

the claim and may include, but are not limited to, medical or      125          

burial expenses;                                                   126          

      (d)  A person who is authorized to act on behalf of any      128          

person who is described in division (A)(2)(a), (b), or (c) of      129          

this section.                                                      130          

      (B)  "Collateral source" means a source of benefits or       132          

advantages for economic loss otherwise reparable that the victim   133          

or claimant has received, or that is readily available to the      134          

victim or claimant, from any of the following sources:             135          

      (1)  The offender;                                           137          

      (2)  The government of the United States or any of its       139          

                                                          4      

                                                                 
agencies, a state or any of its political subdivisions, or an      140          

instrumentality of two or more states, unless the law providing    141          

for the benefits or advantages makes them excess or secondary to   142          

benefits under sections 2743.51 to 2743.72 of the Revised Code;    143          

      (3)  Social security, medicare, and medicaid;                145          

      (4)  State-required, temporary, nonoccupational disability   147          

insurance;                                                         148          

      (5)  Workers' compensation;                                  150          

      (6)  Wage continuation programs of any employer;             152          

      (7)  Proceeds of a contract of insurance payable to the      154          

victim for loss that the victim sustained because of the           155          

criminally injurious conduct;                                      157          

      (8)  A contract providing prepaid hospital and other health  159          

care services, or benefits for disability;                         160          

      (9)  That portion of the proceeds of all contracts of        162          

insurance payable to the claimant on account of the death of the   163          

victim that exceeds fifty thousand dollars;                        164          

      (10)  Any compensation recovered or recoverable under the    166          

laws of another state, district, territory, or foreign country     167          

because the victim was the victim of an offense committed in that  168          

state, district, territory, or country.                            169          

      "Collateral source" does not include any money, or the       171          

monetary value of any property, that is subject to sections        172          

2969.01 to 2969.06 of the Revised Code.                            173          

      (C)  "Criminally injurious conduct" means one of the         175          

following:                                                         176          

      (1)  For the purposes of any person described in division    178          

(A)(1) of this section, any conduct that occurs or is attempted    179          

in this state; poses a substantial threat of personal injury or    180          

death; and is punishable by fine, imprisonment, or death, or       181          

would be so punishable but for the fact that the person engaging   182          

in the conduct lacked capacity to commit the crime under the laws  183          

of this state.  Criminally injurious conduct does not include      184          

conduct arising out of the ownership, maintenance, or use of a     185          

                                                          5      

                                                                 
motor vehicle, except when any of the following applies:           186          

      (a)  The person engaging in the conduct intended to cause    188          

personal injury or death;                                          189          

      (b)  The person engaging in the conduct was using the        191          

vehicle to flee immediately after committing a felony or an act    192          

that would constitute a felony but for the fact that the person    193          

engaging in the conduct lacked the capacity to commit the felony   194          

under the laws of this state;                                      195          

      (c)  The person engaging in the conduct was using the        197          

vehicle in a manner that constitutes an OMVI violation;            198          

      (d)  The conduct occurred on or after July 25, 1990, and     200          

the person engaging in the conduct was using the vehicle in a      201          

manner that constitutes a violation of section 2903.08 of the      202          

Revised Code.                                                      203          

      (2)  For the purposes of any person described in division    205          

(A)(2) of this section, any conduct that occurs or is attempted    206          

in another state, district, territory, or foreign country; poses   207          

a substantial threat of personal injury or death; and is           208          

punishable by fine, imprisonment, or death, or would be so         209          

punishable but for the fact that the person engaging in the        210          

conduct lacked capacity to commit the crime under the laws of the  211          

state, district, territory, or foreign country in which the        212          

conduct occurred or was attempted.  Criminally injurious conduct   213          

does not include conduct arising out of the ownership,             214          

maintenance, or use of a motor vehicle, except when any of the     215          

following applies:                                                 216          

      (a)  The person engaging in the conduct intended to cause    218          

personal injury or death;                                          219          

      (b)  The person engaging in the conduct was using the        221          

vehicle to flee immediately after committing a felony or an act    222          

that would constitute a felony but for the fact that the person    223          

engaging in the conduct lacked the capacity to commit the felony   224          

under the laws of the state, district, territory, or foreign       225          

country in which the conduct occurred or was attempted;            226          

                                                          6      

                                                                 
      (c)  The person engaging in the conduct was using the        228          

vehicle in a manner that constitutes an OMVI violation;            229          

      (d)  The conduct occurred on or after July 25, 1990, the     231          

person engaging in the conduct was using the vehicle in a manner   232          

that constitutes a violation of any law of the state, district,    233          

territory, or foreign country in which the conduct occurred, and   234          

that law is substantially similar to a violation of section        235          

2903.08 of the Revised Code.                                       236          

      (3)  For the purposes of any person described in division    238          

(A)(1) or (2) of this section, terrorism that occurs within or     239          

outside the territorial jurisdiction of the United States.         240          

      (D)  "Dependent" means an individual wholly or partially     242          

dependent upon the victim for care and support, and includes a     243          

child of the victim born after the victim's death.                 244          

      (E)  "Economic loss" means economic detriment consisting     246          

only of allowable expense, work loss, funeral expense,             247          

unemployment benefits loss, and replacement services loss.  If     248          

criminally injurious conduct causes death, economic loss includes  249          

a dependent's economic loss and a dependent's replacement          250          

services loss.  Noneconomic detriment is not economic loss;        251          

however, economic loss may be caused by pain and suffering or      252          

physical impairment.                                               253          

      (F)  "Allowable expense" means reasonable charges incurred   255          

for reasonably needed products, services, and accommodations,      256          

including those for medical care, rehabilitation, rehabilitative   257          

occupational training, and other remedial treatment and care and   258          

including replacement costs for eyeglasses and other corrective    259          

lenses.  It does not include that portion of a charge for a room   260          

in a hospital, clinic, convalescent home, nursing home, or any     261          

other institution engaged in providing nursing care and related    262          

services in excess of a reasonable and customary charge for        263          

semiprivate accommodations, unless accommodations other than       264          

semiprivate accommodations are medically required.                 265          

      (G)  "Work loss" means loss of income from work that the     267          

                                                          7      

                                                                 
injured person would have performed if the person had not been     269          

injured and expenses reasonably incurred by the person to obtain   270          

services in lieu of those the person would have performed for      272          

income, reduced by any income from substitute work actually        274          

performed by the person, or by income the person would have        276          

earned in available appropriate substitute work that the person    278          

was capable of performing but unreasonably failed to undertake.    280          

      (H)  "Replacement services loss" means expenses reasonably   282          

incurred in obtaining ordinary and necessary services in lieu of   283          

those the injured person would have performed, not for income,     284          

but for the benefit of the person's self or family, if the person  286          

had not been injured.                                              287          

      (I)  "Dependent's economic loss" means loss after a          289          

victim's death of contributions of things of economic value to     290          

the victim's dependents, not including services they would have    292          

received from the victim if the victim had not suffered the fatal  293          

injury, less expenses of the dependents avoided by reason of the   294          

victim's death.  If a minor child of a victim is adopted after     295          

the victim's death, the minor child continues after the adoption   296          

to incur a dependent's economic loss as a result of the victim's   297          

death.  If the surviving spouse of a victim remarries, the         298          

surviving spouse continues after the remarriage to incur a                      

dependent's economic loss as a result of the victim's death.       299          

      (J)  "Dependent's replacement services loss" means loss      301          

reasonably incurred by dependents after a victim's death in        302          

obtaining ordinary and necessary services in lieu of those the     303          

victim would have performed for their benefit if the victim had    305          

not suffered the fatal injury, less expenses of the dependents                  

avoided by reason of the victim's death and not subtracted in      306          

calculating the dependent's economic loss.  If a minor child of a  307          

victim is adopted after the victim's death, the minor child        308          

continues after the adoption to incur a dependent's replacement    309          

services loss as a result of the victim's death.  If the           310          

surviving spouse of a victim remarries, the surviving spouse                    

                                                          8      

                                                                 
continues after the remarriage to incur a dependent's replacement  311          

services loss as a result of the victim's death.                   312          

      (K)  "Noneconomic detriment" means pain, suffering,          314          

inconvenience, physical impairment, or other nonpecuniary damage.  315          

      (L)  "Victim" means a person who suffers personal injury or  317          

death as a result of any of the following:                         318          

      (1)  Criminally injurious conduct;                           320          

      (2)  The good faith effort of any person to prevent          322          

criminally injurious conduct;                                      323          

      (3)  The good faith effort of any person to apprehend a      325          

person suspected of engaging in criminally injurious conduct.      326          

      (M)  "Contributory misconduct" means any conduct of the      328          

claimant or of the victim through whom the claimant claims an      329          

award of reparations that is unlawful or intentionally tortious    330          

and that, without regard to the conduct's proximity in time or     331          

space to the criminally injurious conduct, has a causal            332          

relationship to the criminally injurious conduct that is the       333          

basis of the claim.                                                334          

      (N)  "Funeral expense" means any reasonable charges that     336          

are not in excess of two FIVE thousand five hundred dollars PER    338          

FUNERAL and that are incurred for expenses directly related to     339          

the A victim's funeral, cremation, or burial.                      340          

      (O)  "Unemployment benefits loss" means a loss of            342          

unemployment benefits pursuant to Chapter 4141. of the Revised     343          

Code when the loss arises solely from the inability of a victim    344          

to meet the able to work, available for suitable work, or the      345          

actively seeking suitable work requirements of division (A)(4)(a)  346          

of section 4141.29 of the Revised Code.                            347          

      (P)  "OMVI violation" means any of the following:            349          

      (1)  A violation of section 4511.19 of the Revised Code, of  351          

any municipal ordinance prohibiting the operation of a vehicle     352          

while under the influence of alcohol, a drug of abuse, or alcohol  353          

and a drug of abuse, or of any municipal ordinance prohibiting     354          

the operation of a vehicle with a prohibited concentration of      355          

                                                          9      

                                                                 
alcohol in the blood, breath, or urine;                            356          

      (2)  A violation of section 2903.06 of the Revised Code, if  358          

the offender was under the influence of alcohol, a drug of abuse,  359          

or alcohol and a drug of abuse, at the time of the commission of   360          

the offense;                                                       361          

      (3)  A violation of section 2903.07 of the Revised Code or   363          

of a municipal ordinance substantially similar to that section,    364          

if the offender was under the influence of alcohol, a drug of      365          

abuse, or alcohol and a drug of abuse, at the time of the          366          

commission of the offense;                                         367          

      (4)  For purposes of any person described in division        369          

(A)(2) of this section, a violation of any law of the state,       370          

district, territory, or foreign country in which the criminally    371          

injurious conduct occurred, if that law is substantially similar   372          

to a violation described in division (P)(1) of this section or if  373          

that law is substantially similar to a violation described in      374          

division (P)(2) or (3) of this section and the offender was under  375          

the influence of alcohol, a drug of abuse, or alcohol and a drug   376          

of abuse, at the time of the commission of the offense.            377          

      (Q)  "Pendency of the claim" for an original reparations     379          

application or supplemental reparations application means the      380          

period of time from the date the criminally injurious conduct      381          

upon which the application is based occurred until the date a      382          

final order from the court of claims concerning that original      383          

reparations application or supplemental reparations application    384          

is issued.                                                                      

      (R)  "Terrorism" means any activity to which all of the      387          

following apply:                                                                

      (1)  The activity involves a violent act or an act that is   389          

dangerous to human life.                                           390          

      (2)  The act described in division (R)(1) of this section    393          

is committed within the territorial jurisdiction of the United     395          

States and is a violation of the criminal laws of the United       397          

States, this state, or any other state or the act described in     399          

                                                          10     

                                                                 
division (R)(1) of this section is committed outside the           401          

territorial jurisdiction of the United States and would be a       403          

violation of the criminal laws of the United States, this state,   406          

or any other state if committed within the territorial             407          

jurisdiction of the United States.                                 409          

      (3)  The activity appears to be intended to do any of the    411          

following:                                                         412          

      (a)  Intiidate INTIMIDATE or coerce a civilian population;   415          

      (b)  Influence the policy of any government by intimidation  418          

or coercion;                                                                    

      (c)  Affect the conduct of any government by assassination   421          

or kidnapping.                                                                  

      (4)  The activity occurs primarily outside the territorial   423          

jurisdiction of the United States or transcends the national       426          

boundaries of the United States in terms of the means by which     428          

the activity is accomplished, the person or persons that the       429          

activity appears intended to intimidate or coerce, or the area or  430          

locale in which the perpetrator or perpetrators of the activity    431          

operate or seek asylum.                                                         

      (S)  "Transcends the national boundaries of the United       434          

States" means occurring outside the territorial jurisdiction of    435          

the United States in addition to occurring within the territorial  437          

jurisdiction of the United States.                                 438          

      Sec. 2743.56.  (A)  A claim for an award of reparations      447          

shall be commenced by filing an application for an award of        448          

reparations with the clerk of the court of claims or in the court  449          

of common pleas pursuant to division (B) of this section.          450          

      (B)  A claimant who files for an award of reparations in a   452          

court of common pleas shall file in the court of common pleas of   453          

the county of his THE CLAIMANT'S residence or, if he THE CLAIMANT  455          

is not a resident of this state, in the court of common pleas of   456          

the county in which the criminally injurious conduct that is the   457          

basis of the application took place.  Each application shall be    458          

accompanied by a filing fee of seven dollars and fifty cents       459          

                                                          11     

                                                                 
unless waived pursuant to division (B) of section 2743.57 of the   460          

Revised Code.  The application shall be in a form prescribed by    461          

the clerk of the court of claims, and shall contain the following  462          

information:                                                                    

      (1)  The name and address of the victim of the criminally    464          

injurious conduct, the name and address of the claimant, and the   465          

relationship of the claimant to the victim;                        466          

      (2)  If the victim is deceased, the name and address of      468          

each dependent of the victim and the extent to which each is       469          

dependent upon the victim for care and support;                    470          

      (3)  The nature of the criminally injurious conduct that is  472          

the basis for the claim and the date on which the conduct          473          

occurred;                                                          474          

      (4)(3)  The law enforcement agency or officer to whom the    476          

criminally injurious conduct was reported and the date on which    477          

it was reported;                                                   478          

      (5)(4)  The nature and extent of the injuries that the       480          

victim sustained from the criminally injurious conduct, the name   481          

and address of any person who gave medical treatment to the        482          

victim for the injuries, the name and address of any hospital or   483          

similar institution where the victim received medical treatment    484          

for the injuries, and whether the victim died as a result of the   485          

injuries;                                                          486          

      (6)(5)  The TYPE OF economic loss that the victim, a         488          

dependent, or the claimant sustained as a result of the            490          

criminally injurious conduct;                                      491          

      (7)  The amount of benefits or advantages that the victim,   493          

a dependent, or the claimant has received or is entitled to        494          

receive from any collateral source for economic loss that          495          

resulted from the criminally injurious conduct and the name of     496          

each collateral source;                                            497          

      (8)(6)  A release authorizing the court of claims, the       499          

court of claims commissioners, and the staff of the attorney       500          

general to obtain any report, document, or information that        501          

                                                          12     

                                                                 
relates to the determination of the claim for an award of          502          

reparations that is requested in the application;                  503          

      (9)(7)  Any information that the clerk of the court of       505          

claims requires and that is reasonably related to an application   506          

for an award of reparations.  The clerk of the court of claims     507          

may require the claimant to submit with the application materials  508          

to substantiate the facts that are stated in the application.      509          

      (C)  All applications for an award of reparations shall be   511          

filed as follows:                                                  512          

      (1)  If the victim of the criminally injurious conduct was   514          

a minor, within two years from the date a complaint, indictment,   515          

or information is filed against the alleged offender.  This        516          

division does not require that a complaint, indictment, or         517          

information be filed against an alleged offender in order for an   518          

application for an award of reparations to be filed pertaining to  519          

a victim who was a minor, and does not affect the provisions of    520          

section 2743.64 of the Revised Code.  This division applies to     521          

all applications for an award of reparations filed on or after     522          

March 11, 1987, and to any application for an award of             523          

reparations filed before March 11, 1987, for which an award or     524          

denial of the claim is not final within the meaning of division    525          

(B) of section 2743.61 of the Revised Code.                        526          

      (2)  If the victim of the criminally injurious conduct was   528          

an adult, within two years after the occurrence of the criminally  529          

injurious conduct.                                                 530          

      Sec. 2743.62.  (A)  There (1)  SUBJECT TO DIVISION (A)(2)    540          

OF THIS SECTION, THERE is no privilege, except the privileges      541          

arising from the attorney-client relationship, as to                            

communications or records that are relevant to the physical,       542          

mental, or emotional condition of the claimant or victim in a      543          

proceeding under sections 2743.51 to 2743.72 of the Revised Code   544          

in which that condition is an element.                             545          

      (2)(a)  EXCEPT AS SPECIFIED IN DIVISION (A)(2)(b) OF THIS    548          

SECTION, ANY RECORD OR REPORT THAT THE COURT OF CLAIMS OR          549          

                                                          13     

                                                                 
ATTORNEY GENERAL HAS OBTAINED PRIOR TO, OR OBTAINS ON OR AFTER,    550          

THE EFFECTIVE DATE OF THIS AMENDMENT UNDER THE PROVISIONS OF       551          

SECTIONS 2743.51 TO 2743.72 OF THE REVISED CODE AND THAT IS        553          

CONFIDENTIAL OR OTHERWISE EXEMPT FROM PUBLIC DISCLOSURE UNDER      554          

SECTION 149.43 OF THE REVISED CODE WHILE IN THE POSSESSION OF THE  556          

CREATOR OF THE RECORD OR REPORT SHALL REMAIN CONFIDENTIAL OR       557          

EXEMPT FROM PUBLIC DISCLOSURE UNDER SECTION 149.43 OF THE REVISED  558          

CODE WHILE IN THE POSSESSION OF THE COURT OF CLAIMS OR THE         559          

ATTORNEY GENERAL.                                                               

      (b)  NOTWITHSTANDING DIVISION (A)(2)(a) OF THIS SECTION,     562          

THE COURT OF CLAIMS, CLAIMANT, CLAIMANT'S ATTORNEY, OR ATTORNEY    563          

GENERAL MAY DISCLOSE OR REFER TO RECORDS OR REPORTS DESCRIBED IN   564          

THAT DIVISION IN ANY HEARING CONDUCTED UNDER SECTIONS 2743.51 TO   565          

2743.72 OF THE REVISED CODE OR IN THE COURT'S, CLAIMANT'S, OR      566          

ATTORNEY GENERAL'S WRITTEN PLEADINGS, FINDINGS, RECOMMENDATIONS,   567          

AND DECISIONS.                                                     568          

      (B)  If the mental, physical, or emotional condition of a    570          

victim or claimant is material to a claim for an award of          571          

reparations, a single commissioner or a panel of commissioners     572          

may order the victim or claimant to submit to a mental or          573          

physical examination by a physician or psychologist and may order  575          

an autopsy of a deceased victim.  The order may be made for good   576          

cause shown and upon notice to the person to be examined and to    577          

the claimant and the attorney general.  The order shall specify    578          

the time, place, manner, conditions, and scope of the examination  579          

or autopsy and the person by whom it is to be made and shall       580          

require the person who performs the examination or autopsy to      581          

file with the clerk of the court of claims a detailed written      582          

report of the examination or autopsy.  The report shall set out    583          

the findings, including the results of all tests made, diagnoses,  584          

prognoses, and other conclusions and reports of earlier            585          

examinations of the same conditions.                                            

      (C)  On request of the person examined, the clerk of the     587          

court of claims shall furnish the person a copy of the report.     588          

                                                          14     

                                                                 
If the victim is deceased, the clerk of the court of claims, on    589          

request, shall furnish the claimant a copy of the report.          590          

      (D)  A single commissioner or a panel of commissioners may   592          

require the claimant to supplement the application for an award    593          

of reparations with any reasonably available medical or            594          

psychological reports relating to the injury for which the award   595          

of reparations is claimed.                                         596          

      (E)  The court, a single commissioner, a panel of            598          

commissioners, or the attorney general, in a claim arising out of  599          

a violation of any provision of sections 2907.02 to 2907.07 of     601          

the Revised Code, shall not request the victim or the claimant to               

supply, or permit any person to supply, any evidence of specific   602          

instances of the victim's sexual activity, opinion evidence of     603          

the victim's sexual activity, or reputation evidence of the        604          

victim's sexual activity unless it involves evidence of the        605          

origin of semen, pregnancy, or disease or evidence of the          606          

victim's past sexual activity with the offender and only to the    607          

extent that the court, the commissioners, or the attorney general  608          

finds that the evidence is relevant to a fact at issue in the      609          

claim.                                                             610          

      Section 2.  That existing sections 2743.51, 2743.56, and     612          

2743.62 of the Revised Code are hereby repealed.                   613          

      Section 3.  Section 2743.51 of the Revised Code is           615          

presented in this act as a composite of the section as amended by  616          

both H.B. 378 and H.B. 471 of the 122nd General Assembly, with     617          

the new language of neither of the acts shown in capital letters.  618          

This is in recognition of the principle stated in division (B) of  619          

section 1.52 of the Revised Code that such amendments are to be    620          

harmonized where not substantively irreconcilable and constitutes  621          

a legislative finding that such is the resulting version in        622          

effect prior to the effective date of this act.                    623