As Reported by the House Criminal Justice Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 547 5
1997-1998 6
REPRESENTATIVES GRENDELL-THOMAS-NETZLEY-CATES-WESTON-OPFER- 8
THOMPSON-GARCIA-HOOD-WHALEN-PRINGLE-LUCAS-YOUNG- 9
KRUPINSKI-BATCHELDER 10
12
A B I L L
To amend section 2307.60 of the Revised Code to 14
expand the bar against the recovery of damages in 15
tort actions commenced by criminal offenders to 17
include misdemeanors that are offenses of 18
violence. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That section 2307.60 of the Revised Code be 23
amended to read as follows: 24
Sec. 2307.60. (A) Anyone injured in person or property by 33
a criminal act has, and may recover full damages in, a civil 35
action unless specifically excepted by law, may recover the costs 36
of maintaining the civil action and attorney's fees if authorized 37
by any provision of the Rules of Civil Procedure or another
section of the Revised Code or under the common law of this 39
state, and may recover punitive or exemplary damages if 40
authorized by section 2315.21 or another section of the Revised 41
Code. A record of a conviction, unless obtained by confession in 42
open court, shall not be used as evidence in a civil action 43
brought pursuant to division (A) of this section.
(B)(1) As used in division (B) of this section: 45
(a) "Harm" means injury, death, or loss to person or 47
property.
(b) "Tort action" means a civil action for damages for 49
injury, death, or loss to person or property. "Tort action" 50
2
includes a product liability claim but does not include OTHER 51
THAN a civil action for damages for a breach of contract or 52
another agreement between persons. "TORT ACTION" INCLUDES, BUT 53
IS NOT LIMITED TO, A PRODUCT LIABILITY CLAIM, AN ACTION FOR 54
WRONGFUL DEATH UNDER CHAPTER 2125. OF THE REVISED CODE, AND AN 55
ACTION BASED ON DERIVATIVE CLAIMS FOR RELIEF.
(c) "Trier of fact" means the jury or, in a nonjury 57
action, the court.
(2) Recovery on a claim for relief in a tort action is 59
barred to any person or the person's legal representative if the 61
person has been convicted of or has pleaded guilty to a felony 62
offense, OR TO A MISDEMEANOR THAT IS AN OFFENSE OF VIOLENCE, 63
arising out of criminal conduct that was a proximate cause of the 65
injury or loss for which relief is claimed in the action. 66
(3) Division (B) of this section does not apply to civil 69
claims based upon alleged intentionally tortious conduct, alleged
violations of the United States Constitution, or alleged 70
violations of statutes of the United States pertaining to civil 71
rights.
Section 2. That existing section 2307.60 of the Revised 73
Code is hereby repealed. 74