As Passed by the Senate 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-WATTS-NEIN- 14
HORN-DiDONATO-GARDNER-GAETH 15
17
A B I L L
To amend section 2307.60 of the Revised Code to 19
expand the bar against the recovery of damages in 20
tort actions commenced by criminal offenders to 22
include misdemeanors that are offenses of 23
violence. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That section 2307.60 of the Revised Code be 28
amended to read as follows: 29
Sec. 2307.60. (A) Anyone injured in person or property by 38
a criminal act has, and may recover full damages in, a civil 40
action unless specifically excepted by law, may recover the costs 41
of maintaining the civil action and attorney's fees if authorized 42
by any provision of the Rules of Civil Procedure or another
section of the Revised Code or under the common law of this 44
state, and may recover punitive or exemplary damages if 45
authorized by section 2315.21 or another section of the Revised 46
Code. A record of a conviction, unless obtained by confession in 47
open court, shall not be used as evidence in a civil action 48
brought pursuant to division (A) of this section.
2
(B)(1) As used in division (B) of this section: 50
(a) "Harm" means injury, death, or loss to person or 52
property.
(b) "Tort action" means a civil action for damages for 54
injury, death, or loss to person or property. "Tort action" 55
includes a product liability claim but does not include OTHER 56
THAN a civil action for damages for a breach of contract or 57
another agreement between persons. "TORT ACTION" INCLUDES, BUT 58
IS NOT LIMITED TO, A PRODUCT LIABILITY CLAIM, AN ACTION FOR 59
WRONGFUL DEATH UNDER CHAPTER 2125. OF THE REVISED CODE, AND AN 60
ACTION BASED ON DERIVATIVE CLAIMS FOR RELIEF.
(c) "Trier of fact" means the jury or, in a nonjury 62
action, the court.
(2) Recovery on a claim for relief in a tort action is 64
barred to any person or the person's legal representative if the 66
person has been convicted of or has pleaded guilty to a felony 67
offense, OR TO A MISDEMEANOR THAT IS AN OFFENSE OF VIOLENCE, 68
arising out of criminal conduct that was a proximate cause of the 70
injury or loss for which relief is claimed in the action. 71
(3) Division (B) of this section does not apply to civil 74
claims based upon alleged intentionally tortious conduct, alleged
violations of the United States Constitution, or alleged 75
violations of statutes of the United States pertaining to civil 76
rights.
Section 2. That existing section 2307.60 of the Revised 78
Code is hereby repealed. 79