As Passed by the House 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-REID-MOTTLEY-BUCHY-VESPER- 10
WACHTMANN-HAINES-FORD-JONES-CAREY-MOTTL-BENDER-HEALY- 11
KREBS-WINKLER-MYERS-GARDNER-CLANCY-O'BRIEN-WILLAMOWSKI- 12
PRENTISS-COLONNA-VERICH-SALERNO 13
15
A B I L L
To amend section 2307.60 of the Revised Code to 17
expand the bar against the recovery of damages in 18
tort actions commenced by criminal offenders to 20
include misdemeanors that are offenses of 21
violence. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That section 2307.60 of the Revised Code be 26
amended to read as follows: 27
Sec. 2307.60. (A) Anyone injured in person or property by 36
a criminal act has, and may recover full damages in, a civil 38
action unless specifically excepted by law, may recover the costs 39
of maintaining the civil action and attorney's fees if authorized 40
by any provision of the Rules of Civil Procedure or another
section of the Revised Code or under the common law of this 42
state, and may recover punitive or exemplary damages if 43
authorized by section 2315.21 or another section of the Revised 44
Code. A record of a conviction, unless obtained by confession in 45
open court, shall not be used as evidence in a civil action 46
brought pursuant to division (A) of this section.
(B)(1) As used in division (B) of this section: 48
(a) "Harm" means injury, death, or loss to person or 50
2
property.
(b) "Tort action" means a civil action for damages for 52
injury, death, or loss to person or property. "Tort action" 53
includes a product liability claim but does not include OTHER 54
THAN a civil action for damages for a breach of contract or 55
another agreement between persons. "TORT ACTION" INCLUDES, BUT 56
IS NOT LIMITED TO, A PRODUCT LIABILITY CLAIM, AN ACTION FOR 57
WRONGFUL DEATH UNDER CHAPTER 2125. OF THE REVISED CODE, AND AN 58
ACTION BASED ON DERIVATIVE CLAIMS FOR RELIEF.
(c) "Trier of fact" means the jury or, in a nonjury 60
action, the court.
(2) Recovery on a claim for relief in a tort action is 62
barred to any person or the person's legal representative if the 64
person has been convicted of or has pleaded guilty to a felony 65
offense, OR TO A MISDEMEANOR THAT IS AN OFFENSE OF VIOLENCE, 66
arising out of criminal conduct that was a proximate cause of the 68
injury or loss for which relief is claimed in the action. 69
(3) Division (B) of this section does not apply to civil 72
claims based upon alleged intentionally tortious conduct, alleged
violations of the United States Constitution, or alleged 73
violations of statutes of the United States pertaining to civil 74
rights.
Section 2. That existing section 2307.60 of the Revised 76
Code is hereby repealed. 77