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