As Passed by the Senate 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-MUMPER-CARNES- 15
WATTS-GAETH-LATTA-SCHAFRATH-DiDONATO-RAY-DRAKE 16
18
A B I L L
To amend sections 2743.51, 2743.56, and 2743.62 of 20
the Revised Code to increase the amount of 21
recoverable funeral expenses under the Crime
Victims Reparations Law, to revise the 22
information an applicant must submit in an 24
application for a reparations award under that 25
Law, and to provide that confidential information
obtained by the Court of Claims or Attorney 26
General under that Law remains confidential while
in the Court's or Attorney General's possession. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 2743.51, 2743.56, and 2743.62 of 31
the Revised Code be amended to read as follows: 32
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of 42
the Revised Code: 43
(A) "Claimant" means both of the following categories of 45
persons: 46
(1) Any of the following persons who claim an award of 48
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reparations under sections 2743.51 to 2743.72 of the Revised 49
Code: 50
(a) A victim who was one of the following at the time of 52
the criminally injurious conduct: 53
(i) A resident of the United States; 55
(ii) A resident of a foreign country the laws of which 57
permit residents of this state to recover compensation as victims 58
of offenses committed in that country. 59
(b) A dependent of a deceased victim who is described in 61
division (A)(1)(a) of this section; 62
(c) A third person, other than a collateral source, who 64
legally assumes or voluntarily pays the obligations of a victim, 65
or of a dependent of a victim, who is described in division 66
(A)(1)(a) of this section, which obligations are incurred as a 67
result of the criminally injurious conduct that is the subject of 68
the claim and may include, but are not limited to, medical or 69
burial expenses; 70
(d) A person who is authorized to act on behalf of any 72
person who is described in division (A)(1)(a), (b), or (c) of 73
this section. 74
(2) Any of the following persons who claim an award of 76
reparations under sections 2743.51 to 2743.72 of the Revised 77
Code: 78
(a) A victim who had a permanent place of residence within 80
this state at the time of the criminally injurious conduct and 81
who, at the time of the criminally injurious conduct, complied 82
with any one of the following: 83
(i) Had a permanent place of employment in this state; 85
(ii) Was a member of the regular armed forces of the 87
United States or of the United States coast guard or was a 88
full-time member of the Ohio organized militia or of the United 89
States army reserve, naval reserve, or air force reserve; 90
(iii) Was retired and receiving social security or any 92
other retirement income; 93
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(iv) Was sixty years of age or older; 95
(v) Was temporarily in another state for the purpose of 97
receiving medical treatment; 98
(vi) Was temporarily in another state for the purpose of 100
performing employment-related duties required by an employer 101
located within this state as an express condition of employment 102
or employee benefits; 103
(vii) Was temporarily in another state for the purpose of 105
receiving occupational, vocational, or other job-related training 106
or instruction required by an employer located within this state 107
as an express condition of employment or employee benefits; 108
(viii) Was a full-time student at an academic institution, 110
college, or university located in another state; 111
(ix) Had not departed the geographical boundaries of this 113
state for a period exceeding thirty days or with the intention of 114
becoming a citizen of another state or establishing a permanent 115
place of residence in another state. 116
(b) A dependent of a deceased victim who is described in 118
division (A)(2)(a) of this section; 119
(c) A third person, other than a collateral source, who 121
legally assumes or voluntarily pays the obligations of a victim, 122
or of a dependent of a victim, who is described in division 123
(A)(2)(a) of this section, which obligations are incurred as a 124
result of the criminally injurious conduct that is the subject of 125
the claim and may include, but are not limited to, medical or 126
burial expenses; 127
(d) A person who is authorized to act on behalf of any 129
person who is described in division (A)(2)(a), (b), or (c) of 130
this section. 131
(B) "Collateral source" means a source of benefits or 133
advantages for economic loss otherwise reparable that the victim 134
or claimant has received, or that is readily available to the 135
victim or claimant, from any of the following sources: 136
(1) The offender; 138
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(2) The government of the United States or any of its 140
agencies, a state or any of its political subdivisions, or an 141
instrumentality of two or more states, unless the law providing 142
for the benefits or advantages makes them excess or secondary to 143
benefits under sections 2743.51 to 2743.72 of the Revised Code; 144
(3) Social security, medicare, and medicaid; 146
(4) State-required, temporary, nonoccupational disability 148
insurance; 149
(5) Workers' compensation; 151
(6) Wage continuation programs of any employer; 153
(7) Proceeds of a contract of insurance payable to the 155
victim for loss that the victim sustained because of the 156
criminally injurious conduct; 158
(8) A contract providing prepaid hospital and other health 160
care services, or benefits for disability; 161
(9) That portion of the proceeds of all contracts of 163
insurance payable to the claimant on account of the death of the 164
victim that exceeds fifty thousand dollars; 165
(10) Any compensation recovered or recoverable under the 167
laws of another state, district, territory, or foreign country 168
because the victim was the victim of an offense committed in that 169
state, district, territory, or country. 170
"Collateral source" does not include any money, or the 172
monetary value of any property, that is subject to sections 173
2969.01 to 2969.06 of the Revised Code. 174
(C) "Criminally injurious conduct" means one of the 176
following: 177
(1) For the purposes of any person described in division 179
(A)(1) of this section, any conduct that occurs or is attempted 180
in this state; poses a substantial threat of personal injury or 181
death; and is punishable by fine, imprisonment, or death, or 182
would be so punishable but for the fact that the person engaging 183
in the conduct lacked capacity to commit the crime under the laws 184
of this state. Criminally injurious conduct does not include 185
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conduct arising out of the ownership, maintenance, or use of a 186
motor vehicle, except when any of the following applies: 187
(a) The person engaging in the conduct intended to cause 189
personal injury or death; 190
(b) The person engaging in the conduct was using the 192
vehicle to flee immediately after committing a felony or an act 193
that would constitute a felony but for the fact that the person 194
engaging in the conduct lacked the capacity to commit the felony 195
under the laws of this state; 196
(c) The person engaging in the conduct was using the 198
vehicle in a manner that constitutes an OMVI violation; 199
(d) The conduct occurred on or after July 25, 1990, and 201
the person engaging in the conduct was using the vehicle in a 202
manner that constitutes a violation of section 2903.08 of the 203
Revised Code. 204
(2) For the purposes of any person described in division 206
(A)(2) of this section, any conduct that occurs or is attempted 207
in another state, district, territory, or foreign country; poses 208
a substantial threat of personal injury or death; and is 209
punishable by fine, imprisonment, or death, or would be so 210
punishable but for the fact that the person engaging in the 211
conduct lacked capacity to commit the crime under the laws of the 212
state, district, territory, or foreign country in which the 213
conduct occurred or was attempted. Criminally injurious conduct 214
does not include conduct arising out of the ownership, 215
maintenance, or use of a motor vehicle, except when any of the 216
following applies: 217
(a) The person engaging in the conduct intended to cause 219
personal injury or death; 220
(b) The person engaging in the conduct was using the 222
vehicle to flee immediately after committing a felony or an act 223
that would constitute a felony but for the fact that the person 224
engaging in the conduct lacked the capacity to commit the felony 225
under the laws of the state, district, territory, or foreign 226
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country in which the conduct occurred or was attempted; 227
(c) The person engaging in the conduct was using the 229
vehicle in a manner that constitutes an OMVI violation; 230
(d) The conduct occurred on or after July 25, 1990, the 232
person engaging in the conduct was using the vehicle in a manner 233
that constitutes a violation of any law of the state, district, 234
territory, or foreign country in which the conduct occurred, and 235
that law is substantially similar to a violation of section 236
2903.08 of the Revised Code. 237
(3) For the purposes of any person described in division 239
(A)(1) or (2) of this section, terrorism that occurs within or 240
outside the territorial jurisdiction of the United States. 241
(D) "Dependent" means an individual wholly or partially 243
dependent upon the victim for care and support, and includes a 244
child of the victim born after the victim's death. 245
(E) "Economic loss" means economic detriment consisting 247
only of allowable expense, work loss, funeral expense, 248
unemployment benefits loss, and replacement services loss. If 249
criminally injurious conduct causes death, economic loss includes 250
a dependent's economic loss and a dependent's replacement 251
services loss. Noneconomic detriment is not economic loss; 252
however, economic loss may be caused by pain and suffering or 253
physical impairment. 254
(F) "Allowable expense" means reasonable charges incurred 256
for reasonably needed products, services, and accommodations, 257
including those for medical care, rehabilitation, rehabilitative 258
occupational training, and other remedial treatment and care and 259
including replacement costs for eyeglasses and other corrective 260
lenses. It does not include that portion of a charge for a room 261
in a hospital, clinic, convalescent home, nursing home, or any 262
other institution engaged in providing nursing care and related 263
services in excess of a reasonable and customary charge for 264
semiprivate accommodations, unless accommodations other than 265
semiprivate accommodations are medically required. 266
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(G) "Work loss" means loss of income from work that the 268
injured person would have performed if the person had not been 270
injured and expenses reasonably incurred by the person to obtain 271
services in lieu of those the person would have performed for 273
income, reduced by any income from substitute work actually 275
performed by the person, or by income the person would have 277
earned in available appropriate substitute work that the person 279
was capable of performing but unreasonably failed to undertake. 281
(H) "Replacement services loss" means expenses reasonably 283
incurred in obtaining ordinary and necessary services in lieu of 284
those the injured person would have performed, not for income, 285
but for the benefit of the person's self or family, if the person 287
had not been injured. 288
(I) "Dependent's economic loss" means loss after a 290
victim's death of contributions of things of economic value to 291
the victim's dependents, not including services they would have 293
received from the victim if the victim had not suffered the fatal 294
injury, less expenses of the dependents avoided by reason of the 295
victim's death. If a minor child of a victim is adopted after 296
the victim's death, the minor child continues after the adoption 297
to incur a dependent's economic loss as a result of the victim's 298
death. If the surviving spouse of a victim remarries, the 299
surviving spouse continues after the remarriage to incur a
dependent's economic loss as a result of the victim's death. 300
(J) "Dependent's replacement services loss" means loss 302
reasonably incurred by dependents after a victim's death in 303
obtaining ordinary and necessary services in lieu of those the 304
victim would have performed for their benefit if the victim had 306
not suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in 307
calculating the dependent's economic loss. If a minor child of a 308
victim is adopted after the victim's death, the minor child 309
continues after the adoption to incur a dependent's replacement 310
services loss as a result of the victim's death. If the 311
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surviving spouse of a victim remarries, the surviving spouse
continues after the remarriage to incur a dependent's replacement 312
services loss as a result of the victim's death. 313
(K) "Noneconomic detriment" means pain, suffering, 315
inconvenience, physical impairment, or other nonpecuniary damage. 316
(L) "Victim" means a person who suffers personal injury or 318
death as a result of any of the following: 319
(1) Criminally injurious conduct; 321
(2) The good faith effort of any person to prevent 323
criminally injurious conduct; 324
(3) The good faith effort of any person to apprehend a 326
person suspected of engaging in criminally injurious conduct. 327
(M) "Contributory misconduct" means any conduct of the 329
claimant or of the victim through whom the claimant claims an 330
award of reparations that is unlawful or intentionally tortious 331
and that, without regard to the conduct's proximity in time or 332
space to the criminally injurious conduct, has a causal 333
relationship to the criminally injurious conduct that is the 334
basis of the claim. 335
(N) "Funeral expense" means any reasonable charges that 337
are not in excess of two FIVE thousand five hundred dollars PER 339
FUNERAL and that are incurred for expenses directly related to 340
the A victim's funeral, cremation, or burial. 341
(O) "Unemployment benefits loss" means a loss of 343
unemployment benefits pursuant to Chapter 4141. of the Revised 344
Code when the loss arises solely from the inability of a victim 345
to meet the able to work, available for suitable work, or the 346
actively seeking suitable work requirements of division (A)(4)(a) 347
of section 4141.29 of the Revised Code. 348
(P) "OMVI violation" means any of the following: 350
(1) A violation of section 4511.19 of the Revised Code, of 352
any municipal ordinance prohibiting the operation of a vehicle 353
while under the influence of alcohol, a drug of abuse, or alcohol 354
and a drug of abuse, or of any municipal ordinance prohibiting 355
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the operation of a vehicle with a prohibited concentration of 356
alcohol in the blood, breath, or urine; 357
(2) A violation of section 2903.06 of the Revised Code, if 359
the offender was under the influence of alcohol, a drug of abuse, 360
or alcohol and a drug of abuse, at the time of the commission of 361
the offense; 362
(3) A violation of section 2903.07 of the Revised Code or 364
of a municipal ordinance substantially similar to that section, 365
if the offender was under the influence of alcohol, a drug of 366
abuse, or alcohol and a drug of abuse, at the time of the 367
commission of the offense; 368
(4) For purposes of any person described in division 370
(A)(2) of this section, a violation of any law of the state, 371
district, territory, or foreign country in which the criminally 372
injurious conduct occurred, if that law is substantially similar 373
to a violation described in division (P)(1) of this section or if 374
that law is substantially similar to a violation described in 375
division (P)(2) or (3) of this section and the offender was under 376
the influence of alcohol, a drug of abuse, or alcohol and a drug 377
of abuse, at the time of the commission of the offense. 378
(Q) "Pendency of the claim" for an original reparations 380
application or supplemental reparations application means the 381
period of time from the date the criminally injurious conduct 382
upon which the application is based occurred until the date a 383
final order from the court of claims concerning that original 384
reparations application or supplemental reparations application 385
is issued.
(R) "Terrorism" means any activity to which all of the 388
following apply:
(1) The activity involves a violent act or an act that is 390
dangerous to human life. 391
(2) The act described in division (R)(1) of this section 394
is committed within the territorial jurisdiction of the United 396
States and is a violation of the criminal laws of the United 398
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States, this state, or any other state or the act described in 400
division (R)(1) of this section is committed outside the 402
territorial jurisdiction of the United States and would be a 404
violation of the criminal laws of the United States, this state, 407
or any other state if committed within the territorial 408
jurisdiction of the United States. 410
(3) The activity appears to be intended to do any of the 412
following: 413
(a) Intiidate INTIMIDATE or coerce a civilian population; 416
(b) Influence the policy of any government by intimidation 419
or coercion;
(c) Affect the conduct of any government by assassination 422
or kidnapping.
(4) The activity occurs primarily outside the territorial 424
jurisdiction of the United States or transcends the national 427
boundaries of the United States in terms of the means by which 429
the activity is accomplished, the person or persons that the 430
activity appears intended to intimidate or coerce, or the area or 431
locale in which the perpetrator or perpetrators of the activity 432
operate or seek asylum.
(S) "Transcends the national boundaries of the United 435
States" means occurring outside the territorial jurisdiction of 436
the United States in addition to occurring within the territorial 438
jurisdiction of the United States. 439
Sec. 2743.56. (A) A claim for an award of reparations 448
shall be commenced by filing an application for an award of 449
reparations with the clerk of the court of claims or in the court 450
of common pleas pursuant to division (B) of this section. 451
(B) A claimant who files for an award of reparations in a 453
court of common pleas shall file in the court of common pleas of 454
the county of his THE CLAIMANT'S residence or, if he THE CLAIMANT 456
is not a resident of this state, in the court of common pleas of 457
the county in which the criminally injurious conduct that is the 458
basis of the application took place. Each application shall be 459
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accompanied by a filing fee of seven dollars and fifty cents 460
unless waived pursuant to division (B) of section 2743.57 of the 461
Revised Code. The application shall be in a form prescribed by 462
the clerk of the court of claims, and shall contain the following 463
information:
(1) The name and address of the victim of the criminally 465
injurious conduct, the name and address of the claimant, and the 466
relationship of the claimant to the victim; 467
(2) If the victim is deceased, the name and address of 469
each dependent of the victim and the extent to which each is 470
dependent upon the victim for care and support; 471
(3) The nature of the criminally injurious conduct that is 473
the basis for the claim and the date on which the conduct 474
occurred; 475
(4)(3) The law enforcement agency or officer to whom the 477
criminally injurious conduct was reported and the date on which 478
it was reported; 479
(5)(4) The nature and extent of the injuries that the 481
victim sustained from the criminally injurious conduct, the name 482
and address of any person who gave medical treatment to the 483
victim for the injuries, the name and address of any hospital or 484
similar institution where the victim received medical treatment 485
for the injuries, and whether the victim died as a result of the 486
injuries; 487
(6)(5) The TYPE OF economic loss that the victim, a 489
dependent, or the claimant sustained as a result of the 491
criminally injurious conduct; 492
(7) The amount of benefits or advantages that the victim, 494
a dependent, or the claimant has received or is entitled to 495
receive from any collateral source for economic loss that 496
resulted from the criminally injurious conduct and the name of 497
each collateral source; 498
(8)(6) A release authorizing the court of claims, the 500
court of claims commissioners, and the staff of the attorney 501
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general to obtain any report, document, or information that 502
relates to the determination of the claim for an award of 503
reparations that is requested in the application; 504
(9)(7) Any information that the clerk of the court of 506
claims requires and that is reasonably related to an application 507
for an award of reparations. The clerk of the court of claims 508
may require the claimant to submit with the application materials 509
to substantiate the facts that are stated in the application. 510
(C) All applications for an award of reparations shall be 512
filed as follows: 513
(1) If the victim of the criminally injurious conduct was 515
a minor, within two years from the date a complaint, indictment, 516
or information is filed against the alleged offender. This 517
division does not require that a complaint, indictment, or 518
information be filed against an alleged offender in order for an 519
application for an award of reparations to be filed pertaining to 520
a victim who was a minor, and does not affect the provisions of 521
section 2743.64 of the Revised Code. This division applies to 522
all applications for an award of reparations filed on or after 523
March 11, 1987, and to any application for an award of 524
reparations filed before March 11, 1987, for which an award or 525
denial of the claim is not final within the meaning of division 526
(B) of section 2743.61 of the Revised Code. 527
(2) If the victim of the criminally injurious conduct was 529
an adult, within two years after the occurrence of the criminally 530
injurious conduct. 531
Sec. 2743.62. (A) There (1) SUBJECT TO DIVISION (A)(2) 541
OF THIS SECTION, THERE is no privilege, except the privileges 542
arising from the attorney-client relationship, as to
communications or records that are relevant to the physical, 543
mental, or emotional condition of the claimant or victim in a 544
proceeding under sections 2743.51 to 2743.72 of the Revised Code 545
in which that condition is an element. 546
(2)(a) EXCEPT AS SPECIFIED IN DIVISION (A)(2)(b) OF THIS 549
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SECTION, ANY RECORD OR REPORT THAT THE COURT OF CLAIMS OR 550
ATTORNEY GENERAL HAS OBTAINED PRIOR TO, OR OBTAINS ON OR AFTER, 551
THE EFFECTIVE DATE OF THIS AMENDMENT UNDER THE PROVISIONS OF 552
SECTIONS 2743.51 TO 2743.72 OF THE REVISED CODE AND THAT IS 554
CONFIDENTIAL OR OTHERWISE EXEMPT FROM PUBLIC DISCLOSURE UNDER 555
SECTION 149.43 OF THE REVISED CODE WHILE IN THE POSSESSION OF THE 557
CREATOR OF THE RECORD OR REPORT SHALL REMAIN CONFIDENTIAL OR 558
EXEMPT FROM PUBLIC DISCLOSURE UNDER SECTION 149.43 OF THE REVISED 559
CODE WHILE IN THE POSSESSION OF THE COURT OF CLAIMS OR THE 560
ATTORNEY GENERAL.
(b) NOTWITHSTANDING DIVISION (A)(2)(a) OF THIS SECTION, 563
THE COURT OF CLAIMS, CLAIMANT, CLAIMANT'S ATTORNEY, OR ATTORNEY 564
GENERAL MAY DISCLOSE OR REFER TO RECORDS OR REPORTS DESCRIBED IN 565
THAT DIVISION IN ANY HEARING CONDUCTED UNDER SECTIONS 2743.51 TO 566
2743.72 OF THE REVISED CODE OR IN THE COURT'S, CLAIMANT'S, OR 567
ATTORNEY GENERAL'S WRITTEN PLEADINGS, FINDINGS, RECOMMENDATIONS, 568
AND DECISIONS. 569
(B) If the mental, physical, or emotional condition of a 571
victim or claimant is material to a claim for an award of 572
reparations, a single commissioner or a panel of commissioners 573
may order the victim or claimant to submit to a mental or 574
physical examination by a physician or psychologist and may order 576
an autopsy of a deceased victim. The order may be made for good 577
cause shown and upon notice to the person to be examined and to 578
the claimant and the attorney general. The order shall specify 579
the time, place, manner, conditions, and scope of the examination 580
or autopsy and the person by whom it is to be made and shall 581
require the person who performs the examination or autopsy to 582
file with the clerk of the court of claims a detailed written 583
report of the examination or autopsy. The report shall set out 584
the findings, including the results of all tests made, diagnoses, 585
prognoses, and other conclusions and reports of earlier 586
examinations of the same conditions.
(C) On request of the person examined, the clerk of the 588
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court of claims shall furnish the person a copy of the report. 589
If the victim is deceased, the clerk of the court of claims, on 590
request, shall furnish the claimant a copy of the report. 591
(D) A single commissioner or a panel of commissioners may 593
require the claimant to supplement the application for an award 594
of reparations with any reasonably available medical or 595
psychological reports relating to the injury for which the award 596
of reparations is claimed. 597
(E) The court, a single commissioner, a panel of 599
commissioners, or the attorney general, in a claim arising out of 600
a violation of any provision of sections 2907.02 to 2907.07 of 602
the Revised Code, shall not request the victim or the claimant to
supply, or permit any person to supply, any evidence of specific 603
instances of the victim's sexual activity, opinion evidence of 604
the victim's sexual activity, or reputation evidence of the 605
victim's sexual activity unless it involves evidence of the 606
origin of semen, pregnancy, or disease or evidence of the 607
victim's past sexual activity with the offender and only to the 608
extent that the court, the commissioners, or the attorney general 609
finds that the evidence is relevant to a fact at issue in the 610
claim. 611
Section 2. That existing sections 2743.51, 2743.56, and 613
2743.62 of the Revised Code are hereby repealed. 614
Section 3. Section 2743.51 of the Revised Code is 616
presented in this act as a composite of the section as amended by 617
both H.B. 378 and H.B. 471 of the 122nd General Assembly, with 618
the new language of neither of the acts shown in capital letters. 619
This is in recognition of the principle stated in division (B) of 620
section 1.52 of the Revised Code that such amendments are to be 621
harmonized where not substantively irreconcilable and constitutes 622
a legislative finding that such is the resulting version in 623
effect prior to the effective date of this act. 624