As Reported by the Senate Judiciary 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-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
SENATORS OELSLAGER-B. JOHNSON-LATTA-CUPP 14
16
A B I L L
To amend section 2307.60 of the Revised Code to 18
expand the bar against the recovery of damages in 19
tort actions commenced by criminal offenders to 21
include misdemeanors that are offenses of 22
violence. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That section 2307.60 of the Revised Code be 27
amended to read as follows: 28
Sec. 2307.60. (A) Anyone injured in person or property by 37
a criminal act has, and may recover full damages in, a civil 39
action unless specifically excepted by law, may recover the costs 40
of maintaining the civil action and attorney's fees if authorized 41
by any provision of the Rules of Civil Procedure or another
section of the Revised Code or under the common law of this 43
state, and may recover punitive or exemplary damages if 44
authorized by section 2315.21 or another section of the Revised 45
Code. A record of a conviction, unless obtained by confession in 46
open court, shall not be used as evidence in a civil action 47
brought pursuant to division (A) of this section.
(B)(1) As used in division (B) of this section: 49
2
(a) "Harm" means injury, death, or loss to person or 51
property.
(b) "Tort action" means a civil action for damages for 53
injury, death, or loss to person or property. "Tort action" 54
includes a product liability claim but does not include OTHER 55
THAN a civil action for damages for a breach of contract or 56
another agreement between persons. "TORT ACTION" INCLUDES, BUT 57
IS NOT LIMITED TO, A PRODUCT LIABILITY CLAIM, AN ACTION FOR 58
WRONGFUL DEATH UNDER CHAPTER 2125. OF THE REVISED CODE, AND AN 59
ACTION BASED ON DERIVATIVE CLAIMS FOR RELIEF.
(c) "Trier of fact" means the jury or, in a nonjury 61
action, the court.
(2) Recovery on a claim for relief in a tort action is 63
barred to any person or the person's legal representative if the 65
person has been convicted of or has pleaded guilty to a felony 66
offense, OR TO A MISDEMEANOR THAT IS AN OFFENSE OF VIOLENCE, 67
arising out of criminal conduct that was a proximate cause of the 69
injury or loss for which relief is claimed in the action. 70
(3) Division (B) of this section does not apply to civil 73
claims based upon alleged intentionally tortious conduct, alleged
violations of the United States Constitution, or alleged 74
violations of statutes of the United States pertaining to civil 75
rights.
Section 2. That existing section 2307.60 of the Revised 77
Code is hereby repealed. 78