As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 153 5
1999-2000 6
SENATOR SPADA 8
_________________________________________________________________ 10
A B I L L
To amend sections 2743.191, 2743.51, 2743.52, 12
2743.53, 2743.54, 2743.55, 2743.56, 2743.57, 13
2743.58, 2743.59, 2743.60, 2743.61, 2743.62, 14
2743.63, 2743.64, 2743.65, 2743.66, 2743.68,
2743.69, 2743.71, and 2743.72, to enact new 15
section 2743.67 and sections 2743.521 and
2743.711, and to repeal section 2743.67 of the 16
Revised Code to transfer from the Court of Claims 17
to the Attorney General the responsibility to
make awards of reparations under the Crime 18
Victims Reparations Law; to expand the benefits 20
available under that law to also include
reimbursement for crime scene cleanup and 21
property destroyed by evidence collection; to 22
eliminate the filing fee for an application
requesting an award of reparations under that 23
law; and to make other changes in that law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 2743.191, 2743.51, 2743.52, 27
2743.53, 2743.54, 2743.55, 2743.56, 2743.57, 2743.58, 2743.59, 28
2743.60, 2743.61, 2743.62, 2743.63, 2743.64, 2743.65, 2743.66, 29
2743.68, 2743.69, 2743.71, and 2743.72 be amended and new section 30
2743.67 and sections 2743.521 and 2743.711 of the Revised Code be 31
enacted to read as follows: 32
Sec. 2743.191. (A) There is hereby created in the state 41
treasury the reparations fund, which shall be used only for the 42
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payment of awards of reparations that are granted by the court of 43
claims commissioners ATTORNEY GENERAL, the compensation of the 44
court of claims commissioners, the compensation of judges 46
necessary to hear and determine appeals from the commissioners, 47
the compensation of any personnel needed by the court of claims 48
ATTORNEY GENERAL to administer sections 2743.51 to 2743.72 of the 50
Revised Code, the compensation of witnesses as provided in 51
division (B) of section 2743.65 of the Revised Code, other 52
administrative costs of hearing and determining claims for an 53
award of reparations by the court of claims commissioners 54
ATTORNEY GENERAL and of hearing and determining appeals from the 56
BY A COURT OF CLAIMS PANEL OF commissioners by the court of
claims, the costs of administering sections 2907.29 AND 2969.01 58
to 2969.06 of the Revised Code, the costs of investigation and 60
recommendation DECISION-MAKING as certified by the attorney 62
general, the provision of state financial assistance to victim 63
assistance programs in accordance with sections 109.91 and 109.92 64
of the Revised Code, the cost of printing and distributing the 65
pamphlet prepared by the attorney general pursuant to section
109.42 of the Revised Code, and, subject to division (D) of 66
section 2743.71 of the Revised Code, the costs associated with 67
the printing and providing of information cards or other printed 68
materials to law enforcement agencies and prosecuting authorities 69
and with publicizing the availability of awards of reparations 70
pursuant to section 2743.71 of the Revised Code. All costs paid 71
pursuant to section 2743.70 of the Revised Code, the fifty-dollar 72
portions of license reinstatement fees mandated by division 73
(L)(2)(b) of section 4511.191 of the Revised Code to be credited 74
to the fund, the portions of the proceeds of the sale of a 75
forfeited vehicle specified in division (D)(2) of section 76
4503.234 of the Revised Code, payments collected by the 78
department of rehabilitation and correction from prisoners who 79
voluntarily participate in an approved work and training program
pursuant to division (C)(8)(b)(ii) of section 5145.16 of the 81
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Revised Code, and all moneys collected by the state pursuant to 83
its right of subrogation provided in section 2743.72 of the 84
Revised Code shall be deposited in the fund.
(B) In making an award of reparations, a single 86
commissioner or a panel of court of claims commissioners THE 87
ATTORNEY GENERAL shall render the award against the state and the 89
director of budget and management as its agent for payment of the 90
award. The award shall be accomplished only through the 91
following procedure, which AND THE FOLLOWING PROCEDURE may be 93
enforced by writ of mandamus directed to the appropriate
official: 94
(1) The clerk of the court of claims ATTORNEY GENERAL 96
shall forward a certified copy of the order granting the award 98
CERTIFY to the director for payment THE ATTORNEY GENERAL'S 100
DECISION, OR A COURT OF CLAIMS PANEL OF COMMISSIONERS' ORDER, 101
GRANTING THE AWARD.
(2) Upon receipt of the certified copy of the order 103
granting the award from the clerk CERTIFICATION OF THE DECISION 104
of the ATTORNEY GENERAL OR OF THE ORDER OF A court of claims 105
PANEL OF COMMISSIONERS pursuant to division (B)(1) of this 107
section, the director shall provide for payment of the claimant, 108
an assignee of the claimant, or the claimant and the claimant's 109
assignee OR PROVIDERS in the amount of the award set forth in the 111
certified copy of the order.
If the award is to be paid in installments, the director 113
shall provide for payment of the amount of the award that will 114
fall due during the current appropriation period. 115
(3) The expense shall be charged against all available 117
unencumbered moneys in the fund. 118
(4) If the director determines that sufficient 120
unencumbered moneys do not exist in the fund, the director shall 122
make application for payment of the award out of the emergency 123
purposes account or any other appropriation for emergencies or 124
contingencies, and payment out of this account or other 125
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appropriation shall be authorized if there are sufficient moneys 126
greater than the sum total of then pending emergency purposes 127
account requests or requests for releases from the other 128
appropriations. 129
(5) If sufficient moneys do not exist in the account or 131
any other appropriation for emergencies or contingencies to pay 132
the award, the director shall request the general assembly to 133
make an appropriation sufficient to pay the award, and no payment 134
shall be made until the appropriation has been made. The 135
director shall make this appropriation request during the current 136
biennium and during each succeeding biennium until a sufficient 137
appropriation is made. If, prior to the time that an 138
appropriation is made by the general assembly pursuant to this 139
division, the fund has sufficient unencumbered funds to pay the 140
award or part of the award, the available funds shall be used to 141
pay the award or part of the award, and the appropriation request 142
shall be amended to request only sufficient funds to pay that 143
part of the award that is unpaid. 144
(C) No THE ATTORNEY GENERAL SHALL NOT CERTIFY A DECISION 146
OR order granting an award shall be forwarded by the clerk of the 148
court of claims to the director until all appeals have been 149
determined and all rights to appeal exhausted, except as 150
otherwise provided in this section. If any party to a claim for 151
an award of reparations appeals from only a portion of an award, 152
and a remaining portion provides for the payment of money by the 153
state, a certified copy of the DECISION OR order, together with a 154
copy of the notice of appeal, shall be forwarded to the director, 155
and that part of the award calling for the payment of money by 156
the state and not a subject of the appeal shall be processed for 157
payment as described in this section. 158
(D) The attorney general shall submit to the clerk of the 160
court of claims DIRECTOR itemized bills for the costs of printing 161
and distributing the pamphlet the attorney general prepares 163
pursuant to section 109.42 of the Revised Code. The itemized 164
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bills shall set forth the name and address of the persons owed 166
the amounts set forth in them. Upon submission of the itemized 167
bills, the clerk DIRECTOR shall provide for their payment. 169
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of 178
the Revised Code: 179
(A) "Claimant" means both of the following categories of 181
persons: 182
(1) Any of the following persons who claim an award of 184
reparations under sections 2743.51 to 2743.72 of the Revised 185
Code: 186
(a) A victim who was one of the following at the time of 188
the criminally injurious conduct: 189
(i) A resident of the United States; 191
(ii) A resident of a foreign country the laws of which 193
permit residents of this state to recover compensation as victims 194
of offenses committed in that country. 195
(b) A dependent of a deceased victim who is described in 197
division (A)(1)(a) of this section; 198
(c) A third person, other than a collateral source, who 200
legally assumes or voluntarily pays the obligations of a victim, 201
or of a dependent of a victim, who is described in division 202
(A)(1)(a) of this section, which obligations are incurred as a 203
result of the criminally injurious conduct that is the subject of 204
the claim and may include, but are not limited to, medical or 205
burial expenses; 206
(d) A person who is authorized to act on behalf of any 208
person who is described in division (A)(1)(a), (b), or (c) of 209
this section. 210
(2) Any of the following persons who claim an award of 212
reparations under sections 2743.51 to 2743.72 of the Revised 213
Code: 214
(a) A victim who had a permanent place of residence within 216
this state at the time of the criminally injurious conduct and 217
who, at the time of the criminally injurious conduct, complied 218
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with any one of the following: 219
(i) Had a permanent place of employment in this state; 221
(ii) Was a member of the regular armed forces of the 223
United States or of the United States coast guard or was a 224
full-time member of the Ohio organized militia or of the United 225
States army reserve, naval reserve, or air force reserve; 226
(iii) Was retired and receiving social security or any 228
other retirement income; 229
(iv) Was sixty years of age or older; 231
(v) Was temporarily in another state for the purpose of 233
receiving medical treatment; 234
(vi) Was temporarily in another state for the purpose of 236
performing employment-related duties required by an employer 237
located within this state as an express condition of employment 238
or employee benefits; 239
(vii) Was temporarily in another state for the purpose of 241
receiving occupational, vocational, or other job-related training 242
or instruction required by an employer located within this state 243
as an express condition of employment or employee benefits; 244
(viii) Was a full-time student at an academic institution, 246
college, or university located in another state; 247
(ix) Had not departed the geographical boundaries of this 249
state for a period exceeding thirty days or with the intention of 250
becoming a citizen of another state or establishing a permanent 251
place of residence in another state. 252
(b) A dependent of a deceased victim who is described in 254
division (A)(2)(a) of this section; 255
(c) A third person, other than a collateral source, who 257
legally assumes or voluntarily pays the obligations of a victim, 258
or of a dependent of a victim, who is described in division 259
(A)(2)(a) of this section, which obligations are incurred as a 260
result of the criminally injurious conduct that is the subject of 261
the claim and may include, but are not limited to, medical or 262
burial expenses; 263
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(d) A person who is authorized to act on behalf of any 265
person who is described in division (A)(2)(a), (b), or (c) of 266
this section. 267
(B) "Collateral source" means a source of benefits or 269
advantages for economic loss otherwise reparable that the victim 270
or claimant has received, or that is readily available to the 271
victim or claimant, from any of the following sources: 272
(1) The offender; 274
(2) The government of the United States or any of its 276
agencies, a state or any of its political subdivisions, or an 277
instrumentality of two or more states, unless the law providing 278
for the benefits or advantages makes them excess or secondary to 279
benefits under sections 2743.51 to 2743.72 of the Revised Code; 280
(3) Social security, medicare, and medicaid; 282
(4) State-required, temporary, nonoccupational disability 284
insurance; 285
(5) Workers' compensation; 287
(6) Wage continuation programs of any employer; 289
(7) Proceeds of a contract of insurance payable to the 291
victim for loss that the victim sustained because of the 292
criminally injurious conduct; 294
(8) A contract providing prepaid hospital and other health 296
care services, or benefits for disability; 297
(9) That portion of the proceeds of all contracts of 299
insurance payable to the claimant on account of the death of the 300
victim that exceeds fifty thousand dollars; 301
(10) Any compensation recovered or recoverable under the 303
laws of another state, district, territory, or foreign country 304
because the victim was the victim of an offense committed in that 305
state, district, territory, or country. 306
"Collateral source" does not include any money, or the 308
monetary value of any property, that is subject to sections 309
2969.01 to 2969.06 of the Revised Code. 310
(C) "Criminally injurious conduct" means one of the 312
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following: 313
(1) For the purposes of any person described in division 315
(A)(1) of this section, any conduct that occurs or is attempted 316
in this state; poses a substantial threat of personal injury or 317
death; and is punishable by fine, imprisonment, or death, or 318
would be so punishable but for the fact that the person engaging 319
in the conduct lacked capacity to commit the crime under the laws 320
of this state. Criminally injurious conduct does not include 321
conduct arising out of the ownership, maintenance, or use of a 322
motor vehicle, except when any of the following applies: 323
(a) The person engaging in the conduct intended to cause 325
personal injury or death; 326
(b) The person engaging in the conduct was using the 328
vehicle to flee immediately after committing a felony or an act 329
that would constitute a felony but for the fact that the person 330
engaging in the conduct lacked the capacity to commit the felony 331
under the laws of this state; 332
(c) The person engaging in the conduct was using the 334
vehicle in a manner that constitutes an OMVI violation; 335
(d) The conduct occurred on or after July 25, 1990, and 337
the person engaging in the conduct was using the vehicle in a 338
manner that constitutes a violation of section 2903.08 of the 339
Revised Code. 340
(2) For the purposes of any person described in division 342
(A)(2) of this section, any conduct that occurs or is attempted 343
in another state, district, territory, or foreign country; poses 344
a substantial threat of personal injury or death; and is 345
punishable by fine, imprisonment, or death, or would be so 346
punishable but for the fact that the person engaging in the 347
conduct lacked capacity to commit the crime under the laws of the 348
state, district, territory, or foreign country in which the 349
conduct occurred or was attempted. Criminally injurious conduct 350
does not include conduct arising out of the ownership, 351
maintenance, or use of a motor vehicle, except when any of the 352
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following applies: 353
(a) The person engaging in the conduct intended to cause 355
personal injury or death; 356
(b) The person engaging in the conduct was using the 358
vehicle to flee immediately after committing a felony or an act 359
that would constitute a felony but for the fact that the person 360
engaging in the conduct lacked the capacity to commit the felony 361
under the laws of the state, district, territory, or foreign 362
country in which the conduct occurred or was attempted; 363
(c) The person engaging in the conduct was using the 365
vehicle in a manner that constitutes an OMVI violation; 366
(d) The conduct occurred on or after July 25, 1990, the 368
person engaging in the conduct was using the vehicle in a manner 369
that constitutes a violation of any law of the state, district, 370
territory, or foreign country in which the conduct occurred, and 371
that law is substantially similar to a violation of section 372
2903.08 of the Revised Code. 373
(3) For the purposes of any person described in division 375
(A)(1) or (2) of this section, terrorism that occurs within or 376
outside the territorial jurisdiction of the United States. 377
(D) "Dependent" means an individual wholly or partially 379
dependent upon the victim for care and support, and includes a 380
child of the victim born after the victim's death. 381
(E) "Economic loss" means economic detriment consisting 383
only of allowable expense, work loss, funeral expense, 384
unemployment benefits loss, and replacement services loss, COST 386
OF CRIME SCENE CLEANUP, AND COST OF EVIDENCE REPLACEMENT. If
criminally injurious conduct causes death, economic loss includes 387
a dependent's economic loss and a dependent's replacement 388
services loss. Noneconomic detriment is not economic loss; 389
however, economic loss may be caused by pain and suffering or 390
physical impairment. 391
(F) "Allowable expense" means reasonable charges incurred 393
for reasonably needed products, services, and accommodations, 394
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including those for medical care, rehabilitation, rehabilitative 395
occupational training, and other remedial treatment and care and 396
including replacement costs for eyeglasses and other corrective 397
lenses. It does not include that portion of a charge for a room 398
in a hospital, clinic, convalescent home, nursing home, or any 399
other institution engaged in providing nursing care and related 400
services in excess of a reasonable and customary charge for 401
semiprivate accommodations, unless accommodations other than 402
semiprivate accommodations are medically required. 403
(G) "Work loss" means loss of income from work that the 406
injured person would have performed if the person had not been 408
injured and expenses reasonably incurred by the person to obtain 409
services in lieu of those the person would have performed for 411
income, reduced by any income from substitute work actually 413
performed by the person, or by income the person would have 415
earned in available appropriate substitute work that the person 417
was capable of performing but unreasonably failed to undertake. 419
(H) "Replacement services loss" means expenses reasonably 421
incurred in obtaining ordinary and necessary services in lieu of 422
those the injured person would have performed, not for income, 423
but for the benefit of the person's self or family, if the person 425
had not been injured. 426
(I) "Dependent's economic loss" means loss after a 428
victim's death of contributions of things of economic value to 429
the victim's dependents, not including services they would have 431
received from the victim if the victim had not suffered the fatal 432
injury, less expenses of the dependents avoided by reason of the 433
victim's death. If a minor child of a victim is adopted after 434
the victim's death, the minor child continues after the adoption 435
to incur a dependent's economic loss as a result of the victim's 436
death. If the surviving spouse of a victim remarries, the 437
surviving spouse continues after the remarriage to incur a
dependent's economic loss as a result of the victim's death. 438
(J) "Dependent's replacement services loss" means loss 440
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reasonably incurred by dependents after a victim's death in 441
obtaining ordinary and necessary services in lieu of those the 442
victim would have performed for their benefit if the victim had 444
not suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in 445
calculating the dependent's economic loss. If a minor child of a 446
victim is adopted after the victim's death, the minor child 447
continues after the adoption to incur a dependent's replacement 448
services loss as a result of the victim's death. If the 449
surviving spouse of a victim remarries, the surviving spouse
continues after the remarriage to incur a dependent's replacement 450
services loss as a result of the victim's death. 451
(K) "Noneconomic detriment" means pain, suffering, 453
inconvenience, physical impairment, or other nonpecuniary damage. 454
(L) "Victim" means a person who suffers personal injury or 456
death as a result of any of the following: 457
(1) Criminally injurious conduct; 459
(2) The good faith effort of any person to prevent 461
criminally injurious conduct; 462
(3) The good faith effort of any person to apprehend a 464
person suspected of engaging in criminally injurious conduct. 465
(M) "Contributory misconduct" means any conduct of the 467
claimant or of the victim through whom the claimant claims an 468
award of reparations that is unlawful or intentionally tortious 469
and that, without regard to the conduct's proximity in time or 470
space to the criminally injurious conduct, has a causal 471
relationship to the criminally injurious conduct that is the 472
basis of the claim. 473
(N) "Funeral expense" means any reasonable charges that 475
are not in excess of five thousand dollars per funeral and that 477
are incurred for expenses directly related to a victim's funeral, 479
cremation, or burial.
(O) "Unemployment benefits loss" means a loss of 481
unemployment benefits pursuant to Chapter 4141. of the Revised 482
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Code when the loss arises solely from the inability of a victim 483
to meet the able to work, available for suitable work, or the 484
actively seeking suitable work requirements of division (A)(4)(a) 485
of section 4141.29 of the Revised Code. 486
(P) "OMVI violation" means any of the following: 488
(1) A violation of section 4511.19 of the Revised Code, of 490
any municipal ordinance prohibiting the operation of a vehicle 491
while under the influence of alcohol, a drug of abuse, or alcohol 492
and a drug of abuse, or of any municipal ordinance prohibiting 493
the operation of a vehicle with a prohibited concentration of 494
alcohol in the blood, breath, or urine; 495
(2) A violation of section 2903.06 of the Revised Code, if 497
the offender was under the influence of alcohol, a drug of abuse, 498
or alcohol and a drug of abuse, at the time of the commission of 499
the offense; 500
(3) A violation of section 2903.07 of the Revised Code or 502
of a municipal ordinance substantially similar to that section, 503
if the offender was under the influence of alcohol, a drug of 504
abuse, or alcohol and a drug of abuse, at the time of the 505
commission of the offense; 506
(4) For purposes of any person described in division 508
(A)(2) of this section, a violation of any law of the state, 509
district, territory, or foreign country in which the criminally 510
injurious conduct occurred, if that law is substantially similar 511
to a violation described in division (P)(1) of this section or if 512
that law is substantially similar to a violation described in 513
division (P)(2) or (3) of this section and the offender was under 514
the influence of alcohol, a drug of abuse, or alcohol and a drug 515
of abuse, at the time of the commission of the offense. 516
(Q) "Pendency of the claim" for an original reparations 518
application or supplemental reparations application means the 519
period of time from the date the criminally injurious conduct 520
upon which the application is based occurred until the date a 521
final order from the court of claims concerning that original 522
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reparations application or supplemental reparations application 523
is issued.
(R) "Terrorism" means any activity to which all of the 526
following apply:
(1) The activity involves a violent act or an act that is 528
dangerous to human life. 529
(2) The act described in division (R)(1) of this section 532
is committed within the territorial jurisdiction of the United 534
States and is a violation of the criminal laws of the United 536
States, this state, or any other state or the act described in 538
division (R)(1) of this section is committed outside the 540
territorial jurisdiction of the United States and would be a 542
violation of the criminal laws of the United States, this state, 545
or any other state if committed within the territorial 546
jurisdiction of the United States. 548
(3) The activity appears to be intended to do any of the 550
following: 551
(a) Intimidate or coerce a civilian population; 554
(b) Influence the policy of any government by intimidation 557
or coercion;
(c) Affect the conduct of any government by assassination 560
or kidnapping.
(4) The activity occurs primarily outside the territorial 562
jurisdiction of the United States or transcends the national 565
boundaries of the United States in terms of the means by which 567
the activity is accomplished, the person or persons that the 568
activity appears intended to intimidate or coerce, or the area or 569
locale in which the perpetrator or perpetrators of the activity 570
operate or seek asylum.
(S) "Transcends the national boundaries of the United 573
States" means occurring outside the territorial jurisdiction of 574
the United States in addition to occurring within the territorial 576
jurisdiction of the United States. 577
(T) "COST OF CRIME SCENE CLEANUP" MEANS REASONABLE AND 579
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NECESSARY COSTS OF CLEANING THE SCENE WHERE THE CRIMINALLY 580
INJURIOUS CONDUCT OCCURRED, NOT TO EXCEED SEVEN HUNDRED FIFTY 581
DOLLARS IN THE AGGREGATE PER CLAIM.
(U) "COST OF EVIDENCE REPLACEMENT" MEANS COSTS FOR 583
REPLACEMENT OF CLOTHING, BEDDING, OR OTHER PROPERTY CONFISCATED 584
FOR EVIDENTIARY PURPOSES RELATED TO THE CRIMINALLY INJURIOUS 585
CONDUCT, NOT TO EXCEED SEVEN HUNDRED FIFTY DOLLARS IN THE 586
AGGREGATE PER CLAIM.
Sec. 2743.52. (A) The court of claims commissioners that 595
are appointed pursuant to section 2743.54 of the Revised Code 596
have jurisdiction to ATTORNEY GENERAL SHALL make awards of 598
reparations for economic loss arising from criminally injurious
conduct, if satisfied by a preponderance of the evidence that the 599
requirements for an award of reparations have been met. 600
(B) A COURT OF CLAIMS PANEL OF COMMISSIONERS HAS APPELLATE 602
JURISDICTION TO ORDER AWARDS OF REPARATIONS FOR ECONOMIC LOSS 603
ARISING FROM CRIMINALLY INJURIOUS CONDUCT, IF SATISFIED BY A 604
PREPONDERANCE OF THE EVIDENCE THAT THE REQUIREMENTS FOR AN AWARD 605
OF REPARATIONS HAVE BEEN MET. 606
(C) A decision of THE ATTORNEY GENERAL OR AN ORDER OF a 608
court of claims commissioner or a panel of court of claims 609
commissioners concerning an OMVI violation shall not be used as 611
the basis for any civil or criminal action, and shall not be
admissible as evidence in any civil or criminal proceeding. 613
Sec. 2743.521. (A) FOR MEDICAL CARE-RELATED ALLOWABLE 615
EXPENSES, THE ATTORNEY GENERAL MAY DO ALL OF THE FOLLOWING: 616
(1) ESTABLISH STANDARD MEDICAL FEES AND APPROVED MEDICAL 618
PROCEDURES FOR WHICH AN AWARD OF REPARATIONS MAY BE MADE; 619
(2) DETERMINE THE ELIGIBILITY AND REASONABLENESS OF CLAIMS 621
FOR MEDICAL, PSYCHOLOGICAL, DENTAL, CHIROPRACTIC, HOSPITAL, AND 622
NURSING SERVICES; 623
(3) RECOGNIZE USUAL, CUSTOMARY, AND REASONABLE METHODS OF 625
PAYMENT FOR COVERED SERVICE; 626
(4) AUDIT FEE BILL PAYMENTS AND ADJUST FEE BILL 628
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REIMBURSEMENT TO BE CONSISTENT WITH MEDICAL COST CONTAINMENT AND 629
REIMBURSEMENT GUIDELINES PROMULGATED BY THE ADMINISTRATOR OF THE 631
BUREAU OF WORKERS' COMPENSATION PURSUANT TO DIVISION (B)(16) OF 632
SECTION 4121.121 OF THE REVISED CODE. 633
(B) MEDICAL PROVIDER THAT ACCEPTS PAYMENT FOR MEDICAL 635
CARE-RELATED ALLOWABLE EXPENSES AS PART OF AN AWARD OF 636
REPARATIONS SHALL BE CONSIDERED PAID IN FULL FOR THOSE ALLOWABLE 637
EXPENSES AND SHALL NOT SEEK REIMBURSEMENT FOR ANY PART OF THOSE 638
ALLOWABLE EXPENSES FROM THE CLAIMANT WHO WAS GRANTED THE AWARD. 639
Sec. 2743.53. The A court of claims: 648
(A) Shall PANEL OF COMMISSIONERS SHALL hear and determine 650
all matters relating to appeals from decisions of the court of 652
claims commissioners;
(B) May order law enforcement officers as defined in 654
section 2901.01 of the Revised Code to provide it with copies of 655
any information or data gathered in the investigation of the 656
criminally injurious conduct that is the basis of any claim to 657
enable it to determine whether, and the extent to which, a 658
claimant qualifies for an award of reparations ATTORNEY GENERAL 659
PURSUANT TO SECTIONS 2743.51 TO 2743.72 OF THE REVISED CODE.
Sec. 2743.54. (A) The supreme court shall appoint at 668
least three court of claims commissioners to hear claims for an 669
award of reparations and to make awards of reparations AND 670
DETERMINE ALL MATTERS RELATING TO APPEALS FROM DECISIONS OF THE 671
ATTORNEY GENERAL pursuant to sections 2743.51 to 2743.72 of the 672
Revised Code. Each commissioner shall be an attorney who has 673
been licensed to practice law in this state for at least three 674
years prior to appointment and shall serve at the pleasure of the 675
supreme court and under the administrative supervision of the 676
clerk of the court of claims.
(B) The supreme court shall fix the compensation of the 678
court of claims commissioners, which AND THE COMPENSATION shall 679
be paid out of the reparations fund. 680
Sec. 2743.55. (A) A single commissioner THE ATTORNEY 689
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GENERAL or a panel of court of claims PANEL OF commissioners 691
shall hear and determine all matters relating to claims for an 693
award of reparations. A claim for an award of reparations shall 694
not be heard and determined until the expiration of the time 695
allowed for the claimant to respond to the attorney general's 696
finding of fact and recommendation for the claim. A single 697
commissioner THE ATTORNEY GENERAL or a COURT OF CLAIMS panel of 699
commissioners may order law enforcement officers to provide them 700
with copies of any information or data gathered in the
investigation of the criminally injurious conduct that is the 701
basis of any claim to enable the ATTORNEY GENERAL OR A COURT OF 702
CLAIMS PANEL OF commissioners to determine whether, and the 704
extent to which, a claimant qualifies for an award of 705
reparations.
Any reference in sections 2743.51 to 2743.72 of the Revised 707
Code to action by more than a single commissioner means action by 708
a panel of commissioners. A panel shall consist of three 709
commissioners who may only proceed upon a majority vote. 710
(B) The A court of claims PANEL OF commissioners shall sit 713
in Franklin county. A single commissioner or any panel of 714
commissioners, pursuant to rules adopted by the chief justice of 715
the supreme court, may sit and hear claims for an award of 716
reparations at any other location in the state. 717
(C) Each claim for an award of reparations shall be heard 719
by a single commissioner. The commissioner may determine the 720
claim and make an award administratively without a hearing. If a 721
claimant or the attorney general objects to the determination or 722
award made by a single commissioner and files an objection with 723
the clerk within thirty days after journalization of the order of 724
the commissioner, the claim shall be heard by a panel of three 725
commissioners who shall make an award or deny the claim upon a 726
majority vote. 727
(D) The supreme court may promulgate rules to implement 729
sections 2743.51 to 2743.72 of the Revised Code, which may 730
17
include rules for the allowance of attorney's fees, the procedure 731
for hearing claims by a single commissioner or by a panel of 732
court of claims commissioners, and the procedure for hearing 733
appeals from decisions of the court of claims commissioners. 734
Sec. 2743.56. (A) A claim for an award of reparations 743
shall be commenced by filing an application for an award of 744
reparations with the clerk of the court of claims ATTORNEY 745
GENERAL or in the ANY court of common pleas pursuant to division 747
(B) of this section.
(B) A claimant who files for an award of reparations in a 749
court of common pleas shall file in the court of common pleas of 750
the county of the claimant's residence or, if the claimant is not 752
a resident of this state, in the court of common pleas of the 753
county in which the criminally injurious conduct that is the 754
basis of the application took place. Each application shall be 755
accompanied by a filing fee of seven dollars and fifty cents 756
unless waived pursuant to division (B) of section 2743.57 of the 757
Revised Code. The application shall be in a form prescribed by 758
the clerk of the court of claims, ATTORNEY GENERAL and shall 759
contain the following information: 760
(1) The name and address of the victim of the criminally 762
injurious conduct, the name and address of the claimant, and the 763
relationship of the claimant to the victim; 764
(2) The nature of the criminally injurious conduct that is 766
the basis for the claim and the date on which the conduct 767
occurred; 768
(3) The law enforcement agency or officer to whom the 770
criminally injurious conduct was reported and the date on which 771
it was reported; 772
(4) The nature and extent of the injuries that the victim 774
sustained from the criminally injurious conduct; 775
(5) The type of economic loss that the victim, a 777
dependent, or the claimant sustained as a result of the 779
criminally injurious conduct; 780
18
(6) A INCLUDE A release authorizing the ATTORNEY GENERAL 782
AND A court of claims, the court PANEL of claims commissioners, 784
and the staff of the attorney general to obtain any report, 786
document, or information that relates to the determination of the 787
claim for an award of reparations that is requested in the 788
application;
(7) Any information that the clerk of the court of claims 790
requires and that is reasonably related to an application for an 791
award of reparations. The clerk of the court of claims may 792
require the claimant to submit with the application materials to 793
substantiate the facts that are stated in the application. 794
(C)(B) All applications for an award of reparations shall 796
be filed as follows: 797
(1) If the victim of the criminally injurious conduct was 799
a minor, WITHIN TWO YEARS OF THE VICTIM'S EIGHTEENTH BIRTHDAY OR 800
within two years from the date a complaint, indictment, or 802
information is filed against the alleged offender, WHICHEVER IS
LATER. This division does not require that a complaint, 804
indictment, or information be filed against an alleged offender 805
in order for an application for an award of reparations to be 806
filed pertaining to a victim who was a minor IF THE APPLICATION 807
IS FILED WITHIN TWO YEARS OF THE VICTIM'S EIGHTEENTH BIRTHDAY, 808
and does not affect the provisions of section 2743.64 of the 809
Revised Code. This division applies to all applications for an 810
award of reparations filed on or after March 11, 1987, and to any 811
application for an award of reparations filed before March 11, 812
1987, for which an award or denial of the claim is not final 813
within the meaning of division (B) of section 2743.61 of the 814
Revised Code.
(2) If the victim of the criminally injurious conduct was 816
an adult, within two years after the occurrence of the criminally 817
injurious conduct. 818
Sec. 2743.57. (A) The clerk of the court of claims 827
ATTORNEY GENERAL shall establish a procedure for the filing, 829
19
recording, and processing of applications for an award of 830
reparations that are filed with clerks of the courts of common
pleas.
(B) If an applicant files an affidavit stating that he is 833
an indigent person and payment of the filing fee would create a 834
financial hardship for him, the clerk who receives the 835
application, pursuant to rules established by the clerk of the 836
court of claims, may accept the application for filing without
payment of the filing fee. If the application is accepted 837
without payment of the filing fee and an award is made pursuant 838
to the application, the amount of the award shall be reduced by 839
the amount of the filing fee.
(C) The clerk of the court of common pleas shall forward 841
each application for an award of reparations to the clerk of the 843
court of claims ATTORNEY GENERAL within seven business days. 845
Sec. 2743.58. (A) The clerk of the court of claims shall 854
send a copy of the application to the attorney general. Upon 855
receipt of the copy of the application, the attorney general 856
shall contact the prosecuting attorney of the county in which the 857
criminally injurious conduct occurred and the law enforcement 858
agency that actively investigated the criminally injurious 859
conduct, and request that they provide information on the 860
criminally injurious conduct and related matters. The 861
prosecuting attorney and any officer or employee of the office of 862
the prosecuting attorney or of the law enforcement agency shall 863
be immune from any civil liability that might otherwise be 864
incurred as the result of providing information on the criminally 865
injurious conduct and related matters to the attorney general. 866
(B) The clerk, upon receipt of the attorney general's 868
finding of fact and recommendation for a claim for an award of 869
reparations, shall forward a copy of the finding and 870
recommendation to the claimant and shall give the claimant an 871
opportunity to respond in writing. After the expiration of the 872
time allowed for the claimant's response, the clerk shall assign 873
20
the claim to a court of claims commissioner. 874
Sec. 2743.59. (A) The attorney general, upon receipt of 883
an application for an award of reparations from the clerk of the 884
court of claims, shall fully investigate the A claim FOR AN AWARD 886
OF REPARATIONS, regardless of whether any person is prosecuted 887
for or convicted of committing the criminally injurious conduct 889
alleged in the application. After completing the investigation, 890
the attorney general shall make a written finding of fact and 891
recommendation DECISION concerning an award of reparations. The 893
attorney general shall file the finding of fact and 894
recommendation and all information or documents that the attorney 895
general used in the investigation with the clerk of the court of 897
claims.
(B)(1) The attorney general may require the claimant to 899
supplement the application for an award of reparations with any 900
further information or documentary materials, including any 901
medical report readily available, that may lead to any relevant 903
facts in the determination of whether, and the extent to which, a 904
claimant qualifies for an award of reparations. The attorney 905
general may depose any witness, including the claimant, pursuant 906
to Civil Rules 28, 30, and 45. 907
(2)(a) For the purpose of determining whether, and the 909
extent to which, a claimant qualifies for an award of 910
reparations, the attorney general may issue subpoenas and 911
subpoenas duces tecum to compel any person or entity, including 912
any collateral source, that provided, will provide, or would have 913
provided to the victim any income, benefit, advantage, product, 914
service, or accommodation, including any medical care or other 915
income, benefit, advantage, product, service, or accommodation 916
that might qualify as an allowable expense or a funeral expense, 917
to produce materials to the attorney general that are relevant to 918
the income, benefit, advantage, product, service, or 920
accommodation that was, will be, or would have been so provided
and to the attorney general's determination. 921
21
(b) If the attorney general issues a subpoena or subpoena 923
duces tecum under division (B)(2)(a) of this section and if the 925
materials that the attorney general requires to be produced are
located outside this state, the attorney general may designate 926
one or more representatives, including officials of the state in 927
which the materials are located, to inspect the materials on the 928
attorney general's behalf, and the attorney general may respond 929
to similar requests from officials of other states. The person 930
or entity subpoenaed may make the materials available to the 931
attorney general at a convenient location within the state. 932
(c) At any time before the return day specified in the 934
subpoena or subpoena duces tecum issued under division (B)(2)(a) 935
of this section or within twenty days after the subpoena or 936
subpoena duces tecum has been served, whichever period is 937
shorter, the person or entity subpoenaed may file in the WITH A 939
court of claims PANEL OF COMMISSIONERS a petition to extend the 940
return day or to modify or quash the subpoena or subpoena duces 941
tecum. The petition shall state good cause. 942
(d) A person or entity who is subpoenaed under division 944
(B)(2)(a) of this section shall comply with the terms of the 946
subpoena or subpoena duces tecum unless otherwise provided by an
order of the A court of claims PANEL OF COMMISSIONERS entered 947
prior to the day for return contained in the subpoena or as 949
extended by the court. If a person or entity fails without
lawful excuse to obey a subpoena or subpoena duces tecum issued 950
under division (B)(2)(a) of this section or to produce relevant 952
materials, the attorney general may apply to the A court of 953
claims PANEL OF COMMISSIONERS for and obtain an order adjudging 954
the person or entity in contempt of court.
(C) The finding of fact AND DECISION that is issued by the 956
attorney general pursuant to division (A) of this section shall 957
contain all of the following: 958
(1) Whether the criminally injurious conduct that is the 960
basis for the application did occur, the date on which the 961
22
conduct occurred, and the exact nature of the conduct; 962
(2) Whether the criminally injurious conduct was reported 964
to a law enforcement officer or agency, the date on which the 965
conduct was reported, the name of the person who reported the 966
conduct, and the reasons why the conduct was not reported to a 967
law enforcement officer or agency or was not reported to a law 968
enforcement officer or agency within seventy-two hours after the 969
conduct occurred; 970
(3) The exact nature of the injuries that the victim 972
sustained as a result of the criminally injurious conduct; 973
(4) A specific list of the economic loss that was 975
sustained as a result of the criminally injurious conduct by the 976
victim, the claimant, or a dependent; 977
(5) A specific list of any benefits or advantages that the 979
victim, the claimant, or a dependent has received or is entitled 980
to receive from any collateral source for economic loss that 981
resulted from the conduct and whether a collateral source would 982
have reimbursed the claimant for a particular expense if a timely 983
claim had been made, and the extent to which the expenses likely 985
would have been reimbursed by the collateral source;
(6) A description of any evidence in support of 987
contributory misconduct by the claimant or by the victim through 988
whom the claimant claims an award of reparations, whether the 989
victim has been convicted of a felony or has a record of felony 990
arrests under the laws of this state, another state, or the 991
United States ENGAGED IN DISQUALIFYING FELONIOUS BEHAVIOR UNDER 992
DIVISION (E) OF SECTION 2743.60 OF THE REVISED CODE, and whether 993
there is evidence that the victim engaged in an ongoing course of 995
criminal conduct within five years or less of the criminally 996
injurious conduct that is the subject of the claim; 997
(7) Whether an assignment has been filed pursuant to 999
division (E) of section 2743.66 of the Revised Code; 1,000
(8) Whether the victim of the criminally injurious conduct 1,002
was a minor; 1,003
23
(9)(8) If the victim of the criminally injurious conduct 1,005
was a minor, whether a complaint, indictment, or information was 1,006
filed against the alleged offender and, if such a filing 1,007
occurred, its date; 1,008
(10)(9) Any information that is relevant to the claim for 1,010
an award of reparations. 1,011
(D) The recommendation DECISION that is issued by the 1,013
attorney general pursuant to division (A) of this section shall 1,014
contain all of the following: 1,015
(1) A statement as to whether A CLAIMANT IS ELIGIBLE FOR 1,017
an award of reparations should be made, whether payments made 1,019
pursuant to the award should ARE TO be made to the claimant, to 1,020
an assignee A PROVIDER, or jointly to the claimant and an 1,022
assignee A PROVIDER, and what the amount of the payments to the 1,024
claimant, the assignee, and to the claimant and assignee should 1,025
be OR PROVIDER;
(2) A statement as to whether any of the payments made 1,027
pursuant to the award should be paid in a lump sum or in 1,028
installments; 1,029
(3) If the attorney general recommends DECIDES that an 1,031
award not be made to the claimant, the reasons for that decision. 1,033
(E) The attorney general shall make the attorney general's 1,035
recommendation A WRITTEN FINDING OF FACT AND DECISION in 1,036
accordance with sections 2743.51 to 2743.72 of the Revised Code 1,037
and within one hundred twenty days after receiving the claim 1,040
application from the clerk of the court of claims. The attorney 1,041
general may file a motion for an extension of EXTEND the 1,042
one-hundred-twenty-day time limit and shall state RECORD IN 1,043
WRITING specific reasons to justify the extension. The attorney 1,044
general shall file the motion for an extension with the clerk of 1,045
the court of claims, shall serve a copy of the motion upon the 1,046
claimant pursuant to Civil Rule 5, and shall notify the claimant 1,047
that the claimant may file a written objection to the extension 1,049
with the clerk of the court of claims. A court of claims 1,050
24
commissioner, upon a showing of good cause, may grant the 1,051
extension. If an extension is granted, the order granting the 1,052
extension shall state the specific reasons for granting the 1,053
extension, and the clerk shall send a copy of the order to the 1,054
claimant.
(F) Within twenty-one days after the attorney general 1,056
files the attorney general's finding and recommendation 1,057
concerning an award of reparations with the court of claims, any 1,059
person may file with the clerk of the court of claims any 1,060
information that is relevant to the granting or denial of the 1,061
award that the person reasonably believes was not before or 1,063
considered by the attorney general in making the attorney 1,064
general's finding and recommendation. If a court of claims 1,065
commissioner considers the information relevant, a copy of the 1,066
information filed shall be served upon the claimant and the 1,067
attorney general. The claimant and the attorney general may 1,068
respond in writing to the information at any time within ten days 1,069
after receiving a copy of the information OF THE EXTENSION AND OF 1,070
THE REASONS FOR THE EXTENSION. THE ATTORNEY GENERAL SHALL SERVE 1,071
A COPY OF ITS WRITTEN FINDING OF FACT AND DECISION UPON THE 1,072
CLAIMANT.
Sec. 2743.60. (A) Neither a single commissioner THE 1,081
ATTORNEY GENERAL nor a panel of court of claims PANEL OF 1,083
commissioners shall make OR ORDER an award of reparations to any 1,085
claimant who, if the victim of the criminally injurious conduct 1,086
was an adult, did not file an application for an award of 1,087
reparations within two years after the date of the occurrence of 1,088
the criminally injurious conduct that caused the injury or death 1,089
for which the victim is seeking an award of reparations or who, 1,090
if the victim of that criminally injurious conduct was a minor, 1,091
did not file an application for an award of reparations within 1,092
the period provided by division (C)(1) of section 2743.56 of the 1,093
Revised Code. An award of reparations shall not be made to a 1,094
claimant if the criminally injurious conduct upon which the
25
claimant bases a claim was not reported to a law enforcement 1,095
officer or agency within seventy-two hours after the occurrence 1,096
of the conduct, unless it is determined that good cause existed 1,097
for the failure to report the conduct within the seventy-two-hour 1,098
period.
(B)(1) Neither a single commissioner THE ATTORNEY GENERAL 1,101
nor a panel of commissioners shall make OR ORDER an award of 1,102
reparations to a claimant who IF ANY OF THE FOLLOWING APPLY: 1,104
(a) THE CLAIMANT is the offender or an accomplice of the 1,106
offender who committed the criminally injurious conduct, nor to 1,108
any claimant if OR the award would unjustly benefit the offender 1,109
or accomplice.
(b) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS SECTION, 1,112
THE CLAIMANT WAS A PASSENGER IN A MOTOR VEHICLE AND KNEW OR 1,113
REASONABLY SHOULD HAVE KNOWN THAT THE DRIVER WAS UNDER THE 1,114
INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR BOTH. 1,115
(c) THE CLAIMANT WAS UNDER THE INFLUENCE OF ALCOHOL, A 1,117
DRUG OF ABUSE, OR BOTH AND WAS A PASSENGER IN A MOTOR VEHICLE 1,119
AND, IF SOBER, SHOULD HAVE REASONABLY KNOWN THAT THE DRIVER WAS 1,120
UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR BOTH. 1,121
(2) DIVISION (B)(1)(b) OF THIS SECTION DOES NOT APPLY IF 1,123
ON THE DATE OF THE OCCURRENCE OF THE CRIMINALLY INJURIOUS 1,124
CONDUCT, THE CLAIMANT WAS UNDER SIXTEEN YEARS OF AGE OR WAS AT 1,125
LEAST SIXTEEN YEARS OF AGE BUT LESS THAN EIGHTEEN YEARS OF AGE 1,126
AND WAS RIDING WITH A PARENT, GUARDIAN, OR CARE-PROVIDER. 1,127
(C) A single commissioner THE ATTORNEY GENERAL or a panel 1,129
of commissioners, upon a finding that the claimant or victim has 1,131
not fully cooperated with appropriate law enforcement agencies, 1,132
may deny a claim or reconsider and reduce an award of 1,133
reparations.
(D) A single commissioner THE ATTORNEY GENERAL or a panel 1,135
of commissioners shall reduce an award of reparations or deny a 1,137
claim for an award of reparations that is otherwise payable to a 1,138
claimant to the extent that the economic loss upon which the 1,139
26
claim is based is recouped from other persons, including 1,140
collateral sources. If an award is reduced or a claim is denied 1,141
because of the expected recoupment of all or part of the economic 1,142
loss of the claimant from a collateral source, the amount of the 1,143
award or the denial of the claim shall be conditioned upon the 1,144
claimant's economic loss being recouped by the collateral source. 1,145
If the award or denial is conditioned upon the recoupment of the 1,146
claimant's economic loss from a collateral source and it is 1,147
determined that the claimant did not unreasonably fail to present 1,148
a timely claim to the collateral source and will not receive all 1,149
or part of the expected recoupment, the claim may be reopened and 1,150
an award may be made in an amount equal to the amount of expected 1,151
recoupment that it is determined the claimant will not receive 1,152
from the collateral source. 1,153
If the claimant recoups all or part of the economic loss 1,156
upon which the claim is based from any other person or entity, 1,157
including a collateral source, the attorney general may recover
pursuant to section 2743.72 of the Revised Code the part of the 1,158
award that represents the economic loss for which the claimant 1,159
received the recoupment from the other person or entity. 1,160
(E) Neither a single commissioner THE ATTORNEY GENERAL nor 1,162
a panel of commissioners shall make an award to a claimant if any 1,164
of the following applies: 1,165
(1) The victim was convicted of a felony within ten years 1,168
prior to the criminally injurious conduct that gave rise to the 1,171
claim or is convicted of a felony during the pendency of the
claim. 1,172
(2) The claimant was convicted of a felony within ten 1,174
years prior to the criminally injurious conduct that gave rise to 1,175
the claim or is convicted of a felony during the pendency of the 1,176
claim.
(3) It is proved by a preponderance of the evidence 1,179
presented to the commissioner or the panel that the victim or the 1,180
claimant engaged, within ten years prior to the criminally 1,183
27
injurious conduct gave rise to the claim or during the pendency 1,184
of the claim, in conduct AN OFFENSE OF VIOLENCE OR ANY 1,185
SUBSTANTIALLY SIMILAR OFFENSE that ALSO would constitute a felony 1,187
under the laws of this state, another state, or the United 1,188
States.
(4) THE CLAIMANT WAS CONVICTED OF A VIOLATION OF SECTION 1,190
2919.22 OR 2919.25 OF THE REVISED CODE, OR OF ANY STATE LAW OR 1,192
MUNICIPAL ORDINANCE SUBSTANTIALLY SIMILAR TO EITHER SECTION, 1,193
WITHIN TEN YEARS PRIOR TO THE CRIMINALLY INJURIOUS CONDUCT THAT 1,194
GAVE RISE TO THE CLAIM OR DURING THE PENDENCY OF THE CLAIM. 1,195
(F) In determining whether to make an award of reparations 1,197
pursuant to this section, a single commissioner THE ATTORNEY 1,198
GENERAL or panel of commissioners shall consider whether there 1,200
was contributory misconduct by the victim or the claimant. A 1,201
single commissioner THE ATTORNEY GENERAL or a panel of 1,202
commissioners shall reduce an award of reparations or deny a 1,204
claim for an award of reparations to the extent it is determined 1,205
to be reasonable because of the contributory misconduct of the 1,206
claimant or the victim.
If WHEN the attorney general recommends that DECIDES 1,208
WHETHER a claim SHOULD be denied because of an allegation of 1,210
contributory misconduct that is supported by the finding of fact 1,211
in division (C)(6) of section 2743.59 of the Revised Code, the 1,213
burden of proof on the issue of that alleged contributory 1,214
misconduct shall be upon the claimant, if either of the following 1,215
apply:
(1) The victim was convicted of a felony more than ten 1,217
years prior to the criminally injurious conduct that is the 1,218
subject of the claim or has a record of felony arrests under the 1,219
laws of this state, another state, or the United States;. 1,220
(2) There is good cause to believe that the victim engaged 1,222
in an ongoing course of criminal conduct within five years or 1,223
less of the criminally injurious conduct that is the subject of 1,224
the claim. 1,225
28
FOR PURPOSES OF THIS SECTION, IF IT IS PROVEN BY A 1,227
PREPONDERANCE OF THE EVIDENCE THAT THE VICTIM ENGAGED IN CONDUCT 1,229
AT THE TIME OF THE CRIMINALLY INJURIOUS CONDUCT THAT WAS A FELONY 1,231
VIOLATION OF SECTION 2925.11 OF THE REVISED CODE, THE CONDUCT 1,235
SHALL BE PRESUMED TO HAVE CONTRIBUTED TO THE CRIMINALLY INJURIOUS 1,236
CONDUCT AND SHALL RESULT IN A COMPLETE DENIAL OF THE CLAIM. 1,237
(G) Neither a single commissioner THE ATTORNEY GENERAL nor 1,239
a panel of commissioners shall make an award of reparations to a 1,241
claimant if the criminally injurious conduct that caused the 1,242
injury or death that is the subject of the claim occurred to a 1,243
victim who was an adult and while the victim, after being 1,244
convicted of or pleading guilty to an offense, was serving a 1,245
sentence of imprisonment in any detention facility, as defined in 1,246
section 2921.01 of the Revised Code. 1,247
(H) If a claimant unreasonably fails to present a claim 1,249
timely to a source of benefits or advantages that would have been 1,250
a collateral source and that would have reimbursed the claimant 1,251
for all or a portion of a particular expense, a single 1,252
commissioner THE ATTORNEY GENERAL or a panel of commissioners may 1,253
reduce an award of reparations or deny a claim for an award of 1,255
reparations to the extent that it is reasonable to do so. 1,256
(I) Reparations payable to a victim and to all other 1,258
claimants sustaining economic loss because of injury to or the 1,259
death of that victim shall not exceed fifty thousand dollars in 1,260
the aggregate. 1,261
(J) AS USED IN THIS SECTION, "OFFENSE OF VIOLENCE" HAS THE 1,263
SAME MEANING AS IN SECTION 2901.01 OF THE REVISED CODE AND ALSO 1,265
INCLUDES A VIOLATION OF SECTION 2925.03 OF THE REVISED CODE. 1,267
Sec. 2743.61. (A) The attorney general may appeal 1,276
conclusions of law made by a panel of court of claims 1,277
commissioners and a, ON THE ATTORNEY GENERAL'S OWN MOTION OR UPON 1,279
REQUEST OF A CLAIMANT OR VICTIM, MAY RECONSIDER A DECISION TO 1,280
MAKE AN AWARD OF REPARATIONS, THE AMOUNT OF AN AWARD OF 1,281
REPARATIONS, OR A DECISION TO DENY A CLAIM FOR AN AWARD OF 1,282
29
REPARATIONS. A CLAIMANT MAY FILE A REQUEST FOR RECONSIDERATION 1,283
WITH THE ATTORNEY GENERAL NOT LATER THAN THIRTY DAYS AFTER THE 1,284
ATTORNEY GENERAL RENDERS AN INITIAL DECISION. A CLAIMANT MAY 1,285
SUBMIT WITH THE REQUEST ANY ADDITIONAL INFORMATION THAT IS 1,287
RELEVANT TO THE CLAIMANT'S CLAIM FOR AN AWARD OF REPARATION. 1,288
THE ATTORNEY GENERAL SHALL RECONSIDER THE APPLICATION BASED 1,290
UPON EVIDENCE THAT IS RELEVANT TO THE APPLICATION AND ISSUE A 1,291
FINAL DECISION WITHIN SIXTY DAYS OF RECEIVING THE REQUEST FOR 1,293
RECONSIDERATION. THE ATTORNEY GENERAL MAY EXTEND THE SIXTY-DAY 1,295
TIME LIMIT AND SHALL RECORD IN WRITING SPECIFIC REASONS TO 1,296
JUSTIFY THE EXTENSION. THE ATTORNEY GENERAL SHALL NOTIFY THE
CLAIMANT OF THE EXTENSION AND OF THE REASONS FOR THE EXTENSION. 1,297
IF A CLAIMANT DOES NOT FILE A REQUEST FOR RECONSIDERATION 1,299
OF A DECISION OF THE ATTORNEY GENERAL TO MAKE AN AWARD OR TO DENY 1,300
A CLAIM OR OF THE AMOUNT OF AN AWARD WITHIN THIRTY DAYS AFTER THE 1,301
DECISION IS RENDERED, THE AWARD, THE DENIAL OF THE CLAIM, OR THE 1,302
AMOUNT OF THE AWARD IS FINAL UNLESS THE ATTORNEY GENERAL IN THE 1,304
INTEREST OF JUSTICE ALLOWS THE RECONSIDERATION AFTER THE
EXPIRATION OF THAT PERIOD OF TIME. 1,305
(B) A claimant may appeal an award of reparations, the 1,308
amount of an award of reparations, or the denial of a claim for 1,309
an award of reparations that is made by a panel of court of
claims commissioners FINAL DECISION OF THE ATTORNEY GENERAL AFTER 1,310
ANY RECONSIDERATION. If the determination FINAL DECISION of the 1,311
commissioners ATTORNEY GENERAL with respect to any claim for an 1,313
award of reparations is appealed, the A court of claims PANEL OF 1,314
COMMISSIONERS, WITHIN SIXTY DAYS OF RECEIVING THE NOTICE OF 1,315
APPEAL, shall hear and determine the appeal on the basis of the 1,317
record of the hearing before the commissioners, including the 1,318
original award or denial made by a single commissioner, AND the 1,319
finding of fact and recommendation of the attorney general, any 1,321
information or documents that the attorney general used in his 1,322
THE investigation, any information or data provided to the court 1,324
of claims pursuant to division (B) of section 2743.53 of the 1,325
30
Revised Code ATTORNEY GENERAL, and any briefs or oral arguments 1,327
that may be requested by the A court OF CLAIMS PANEL OF 1,328
COMMISSIONERS, AND ANY ADDITIONAL EVIDENCE PRESENTED AT THE
HEARING. THE PANEL OF COMMISSIONERS MAY EXTEND THE SIXTY-DAY 1,330
TIME LIMIT AND SHALL RECORD IN WRITING SPECIFIC REASONS TO 1,331
JUSTIFY THE EXTENSION. THE PANEL OF COMMISSIONERS SHALL NOTIFY 1,332
THE CLAIMANT AND ATTORNEY GENERAL OF THE EXTENSION AND OF THE 1,333
REASONS FOR THE EXTENSION. If upon hearing and consideration of 1,335
the record and evidence, the court OF CLAIMS PANEL OF
COMMISSIONERS decides that the decision of the commissioners 1,337
ATTORNEY GENERAL appealed from is reasonable and lawful, it shall 1,339
affirm the same, but if. IF the court OF CLAIMS PANEL OF 1,341
COMMISSIONERS decides that the decision of the commissioners 1,342
ATTORNEY GENERAL IS NOT SUPPORTED BY A PREPONDERANCE OF THE 1,343
EVIDENCE OR is unreasonable or unlawful, the court IT shall 1,344
reverse and vacate the decision or modify it and enter judgment 1,345
thereon. THE DECISION BY A PANEL OF COMMISSIONERS IS FINAL. 1,346
(B)(C) Notices of an appeal concerning an award of 1,348
reparations shall be filed within thirty days after the date on 1,349
which the award or the denial of a claim is made by A FINAL 1,350
DECISION OF the commissioners ATTORNEY GENERAL. If a notice of 1,351
appeal is not filed within the thirty-day period, the award or 1,353
denial of the claim is final unless the A court of claims PANEL 1,354
OF COMMISSIONERS in the interests of justice allows the appeal. 1,355
Sec. 2743.62. (A)(1) Subject to division (A)(2) of this 1,365
section, there is no privilege, except the privileges arising 1,366
from the attorney-client relationship, as to communications or 1,367
records that are relevant to the physical, mental, or emotional 1,368
condition of the claimant or victim in a proceeding under 1,369
sections 2743.51 to 2743.72 of the Revised Code in which that 1,370
condition is an element.
(2)(a) Except as specified in division (A)(2)(b) of this 1,373
section, any record or report that the A court of claims PANEL OF 1,374
COMMISSIONERS or attorney general has obtained prior to, or 1,375
31
obtains on or after, the effective date of this amendment under 1,376
the provisions of sections 2743.51 to 2743.72 of the Revised Code 1,378
and that is confidential or otherwise exempt from public 1,379
disclosure under section 149.43 of the Revised Code while in the 1,381
possession of the creator of the record or report shall remain
confidential or exempt from public disclosure under section 1,382
149.43 of the Revised Code while in the possession of the court 1,384
of claims or the attorney general.
(b) Notwithstanding division (A)(2)(a) of this section, 1,387
the A court of claims PANEL OF COMMISSIONERS, claimant, 1,388
claimant's attorney, or attorney general may disclose or refer to 1,390
records or reports described in that division in any hearing
conducted under sections 2743.51 to 2743.72 of the Revised Code 1,391
or in the court's PANEL OF COMMISSIONERS', claimant's, or 1,393
attorney general's written pleadings, findings, recommendations, 1,394
and decisions. 1,395
(B) If the mental, physical, or emotional condition of a 1,397
victim or claimant is material to a claim for an award of 1,398
reparations, a single commissioner THE ATTORNEY GENERAL or a 1,399
panel of commissioners may order the victim or claimant to submit 1,401
to a mental or physical examination by a physician or 1,402
psychologist and may order an autopsy of a deceased victim. The 1,403
order may be made for good cause shown and upon notice to the 1,404
person to be examined and to the claimant and the attorney 1,405
general. The order shall specify the time, place, manner, 1,406
conditions, and scope of the examination or autopsy and the 1,407
person by whom it is to be made and shall require the person who 1,408
performs the examination or autopsy to file with the clerk of the 1,409
court of claims ATTORNEY GENERAL a detailed written report of the 1,411
examination or autopsy. The report shall set out the findings, 1,412
including the results of all tests made, diagnoses, prognoses, 1,413
and other conclusions and reports of earlier examinations of the 1,414
same conditions.
(C) On request of the person examined, the clerk of the 1,416
32
court of claims ATTORNEY GENERAL shall furnish the person a copy 1,417
of the report. If the victim is deceased, the clerk of the court 1,419
of claims ATTORNEY GENERAL, on request, shall furnish the 1,421
claimant a copy of the report.
(D) A single commissioner THE ATTORNEY GENERAL or a panel 1,423
of commissioners may require the claimant to supplement the 1,425
application for an award of reparations with any reasonably 1,426
available medical or psychological reports relating to the injury 1,427
for which the award of reparations is claimed. 1,428
(E) The court, a single commissioner, ATTORNEY GENERAL OR 1,430
a panel of commissioners, or the attorney general, in a claim 1,432
arising out of a violation of any provision of sections 2907.02 1,433
to 2907.07 of the Revised Code, shall not request the victim or 1,434
the claimant to supply, or permit any person to supply, any 1,435
evidence of specific instances of the victim's sexual activity, 1,436
opinion evidence of the victim's sexual activity, or reputation 1,437
evidence of the victim's sexual activity unless it involves 1,438
evidence of the origin of semen, pregnancy, or disease or 1,439
evidence of the victim's past sexual activity with the offender 1,440
and only to the extent that the court, the PANEL OF 1,441
commissioners, or the attorney general finds that the evidence is 1,443
relevant to a fact at issue in the claim. 1,444
Sec. 2743.63. If a person refuses to comply with an order 1,453
under sections 2743.51 to 2743.72 of the Revised Code, or asserts 1,454
a privilege, except privileges arising from the attorney-client 1,455
relationship, to withhold or suppress evidence relevant to a 1,456
claim for an award of reparations, a single commissioner or a 1,457
panel of court of claims commissioners THE ATTORNEY GENERAL may 1,458
make any just order DECISION including denial of the claim, but 1,459
shall not find the person in contempt. If necessary to carry out 1,462
any of its THE ATTORNEY GENERAL'S powers and duties, a single 1,463
commissioner or a panel of commissioners THE ATTORNEY GENERAL may 1,464
petition the A court of claims PANEL OF COMMISSIONERS for an 1,466
appropriate order, INCLUDING BUT NOT LIMITED TO A FINDING OF
33
CONTEMPT, but the court of claims A PANEL OF COMMISSIONERS shall 1,468
not find a person in contempt for refusal to submit to a mental 1,469
or physical examination.
Sec. 2743.64. A single commissioner THE ATTORNEY GENERAL 1,478
or a panel of court of claims PANEL OF commissioners may make an 1,480
award of reparations whether or not any person is prosecuted or 1,482
convicted for committing the conduct that is the basis of the 1,483
award. Proof of conviction of a person whose conduct gave rise 1,484
to a claim is conclusive evidence that the crime was committed, 1,485
unless an application for rehearing, an appeal of the conviction, 1,486
or certiorari is pending, or a rehearing or new trial has been 1,487
ordered.
If the prosecuting attorney of the county in which the 1,489
criminally injurious conduct allegedly occurred or the attorney 1,490
general requests the suspension of proceedings in any claim for 1,491
an award of reparations and if the request is made because of the 1,492
commencement of a criminal prosecution, a single commissioner or 1,493
a panel of commissioners THE ATTORNEY GENERAL may suspend, 1,494
because a criminal prosecution has been commenced or is imminent, 1,496
the proceedings in any claim for an award of reparations for a 1,497
definite period of time, and may make a tentative AN EMERGENCY 1,498
award under section 2743.67 of the Revised Code. 1,500
Sec. 2743.65. (A) As part of an order, a single 1,509
commissioner or a panel of court of claims commissioners shall 1,510
determine and award reasonable attorney's fees, commensurate with 1,511
services rendered, to be paid by the state to the attorney 1,512
representing a claimant under sections 2743.51 to 2743.72 of the 1,513
Revised Code. Additional attorney's fees may be awarded by the 1,514
court of claims in the event of appeal. Attorney's fees may be 1,515
denied upon a finding that the claim or appeal is frivolous. 1,516
Awards of attorney's fees shall be in addition to awards of 1,517
reparations, and attorney's fees may be awarded whether or not an 1,518
award of reparations is made. An attorney who represents an 1,519
applicant for an award of reparations shall not charge the 1,520
34
applicant for the services rendered in relation to that 1,521
representation and shall apply to the court of claims for payment 1,522
for the representation. ATTORNEY'S FEES SHALL BE PAID BY THE 1,524
REPARATIONS FUND ONLY IF THE VICTIM OR CLAIMANT IS AWARDED 1,526
COMPENSATION. THE ATTORNEY GENERAL SHALL DETERMINE ATTORNEY'S 1,527
FEES, AND ATTORNEY'S FEES ARE LIMITED TO THE LESSER OF THREE 1,528
HUNDRED DOLLARS OR TWENTY-FIVE PER CENT OF AWARDED BENEFITS. AN 1,530
AWARD OF ATTORNEY'S FEES IS IN ADDITION TO AN AWARD OF 1,531
REPARATIONS. A CONTRACT OR OTHER AGREEMENT BETWEEN AN ATTORNEY 1,532
AND ANY PERSON THAT PROVIDES FOR THE PAYMENT OF ATTORNEY'S FEES 1,534
OR OTHER PAYMENTS IN EXCESS OF THE ATTORNEY'S FEES ALLOWED UNDER
THIS SECTION FOR REPRESENTING A CLAIMANT UNDER SECTIONS 2743.51 1,535
TO 2743.72 OF THE REVISED CODE SHALL BE VOID AND UNENFORCEABLE. 1,537
(B) Each witness who appears in a hearing on a claim for 1,539
an award of reparations shall receive compensation in an amount 1,540
equal to that received by witnesses in civil cases as provided in 1,541
section 2335.06 of the Revised Code. 1,542
Sec. 2743.66. (A) An order of a single commissioner or a 1,551
panel of A DECISION OF THE ATTORNEY GENERAL OR ORDER OF A court 1,552
of claims PANEL OF commissioners granting an award of reparations 1,554
may provide for the payment of the award in a lump sum or in 1,555
installments. The part of an award equal to the amount of 1,556
economic loss accrued to the date of the award shall be paid in a 1,557
lump sum. An award for allowable expense that would accrue after 1,558
the award is made shall not be paid in a lump sum. Except as 1,559
provided in division (B) of this section, the part of an award
not paid in a lump sum shall be paid in installments. 1,560
(B) Upon the motion of the claimant or upon the 1,562
recommendation of, the attorney general, a single commissioner or 1,564
a panel of commissioners may commute future economic loss, other 1,565
than allowable expense, to a lump sum but only upon a finding 1,566
that either of the following applies: 1,567
(1) The award in a lump sum will promote the interests of 1,569
the claimant. 1,570
35
(2) The present value of all future economic loss, other 1,572
than allowable expense, does not exceed one thousand dollars. 1,573
(C) A single commissioner or a panel of commissioners THE 1,575
ATTORNEY GENERAL may make an award for future economic loss 1,576
payable in installments only for a period as to which future 1,577
economic loss reasonably can be determined. An award for future 1,579
economic loss payable in installments may be reconsidered and 1,580
modified upon a finding that a material and substantial change of 1,581
circumstances has occurred.
(D) An award is not subject to execution, attachment, 1,583
garnishment, or other process, except that, upon receipt of an 1,584
award by a claimant: 1,585
(1) The part of the award that is for allowable expense or 1,587
funeral expense is not exempt from such action by a creditor to 1,588
the extent that the creditor provided products, services, or 1,589
accommodations the costs of which are included in the award. 1,591
(2) The part of the award that is for work loss shall not 1,593
be exempt from such action to secure payment of spousal support, 1,594
other maintenance, or child support. 1,595
(3) The attorney general may recover the award pursuant to 1,598
section 2743.72 of the Revised Code if it is discovered that the 1,599
claimant actually was not eligible for the award or that the 1,600
award otherwise should not have been made under the standards and 1,601
criteria set forth in sections 2743.51 to 2743.72 of the Revised 1,602
Code.
(4) If the claimant receives compensation from any other 1,604
person or entity, including a collateral source, for an expense 1,605
that is included within the award, the attorney general may 1,606
recover pursuant to section 2743.72 of the Revised Code the part 1,608
of the award that represents the expense for which the claimant
received the compensation from the other person or entity. 1,609
(E) An assignment or agreement to assign a right to an 1,611
award of reparations is unenforceable, except that an assignment 1,612
of a right to receive payment of all or any part of an award of 1,613
36
reparations shall be enforceable and shall be honored by a single 1,614
commissioner or a panel of commissioners if all of the following 1,615
apply: 1,616
(1) Pursuant to this section, the claimant or the victim 1,618
through whom the claimant claims an award of reparations assigns 1,620
his or her right to receive payment of all or any part of an 1,621
award of reparations for unreimbursed allowable expenses for 1,622
products, services, or accommodations provided by the assignee or 1,623
for unreimbursed funeral expense for services provided by the 1,624
assignee;
(2) The unreimbursed allowable expenses for products, 1,626
services, or accommodations provided by the assignee that are the 1,627
subject of the assignment and that are included in an award of 1,628
reparations exceed five hundred dollars, or the unreimbursed 1,630
funeral expense for services provided by the assignee that is the 1,631
subject of the assignment and that is included in an award of 1,632
reparations exceeds five hundred dollars; 1,633
(3) The assignee delivers the assignment to the attorney 1,635
general before the attorney general has submitted the attorney 1,636
general's finding of fact and recommendation pursuant to section 1,638
2743.59 of the Revised Code; 1,639
(4) The assignment delivered to the attorney general 1,641
appears on a separate document, the exclusive subject of which is 1,642
"assignment of a right to payment of all or part of an award of 1,643
reparations," and the separate document is duly signed and dated 1,645
by the assignor and attested by one or more witnesses; 1,646
(5) After an investigation by the attorney general, a 1,648
single commissioner or a panel of commissioners determines that 1,649
the assignment is valid and that it was entered into voluntarily 1,650
by all parties. 1,651
(F) For each assignment that meets the requirements of 1,653
divisions (E)(1) to (5) of this section, the order granting an 1,654
award of reparations shall state separately the amount of the 1,655
award or any part of the award that is based upon unreimbursed 1,657
37
allowable expenses or unreimbursed funeral expense, whichever is 1,658
the subject of the assignment, and the assignment shall be 1,660
recognized for only that amount. If the assignee has not 1,661
cooperated in the investigation of the claim, a single 1,662
commissioner or a panel of commissioners may refuse to recognize 1,663
an assignment, upon good cause shown. The clerk of the court of 1,664
claims shall send a copy of the order granting or denying an 1,665
award to the assignee by regular mail.
If an award is limited pursuant to division (C) or (I) of 1,667
section 2743.60 of the Revised Code, a single commissioner or a 1,668
panel of commissioners may order that payment be made to all 1,669
claimants and their assignees upon a pro rata basis. A single 1,670
commissioner or a panel of commissioners may determine the terms 1,671
of the award issued, including whether the award is to be paid 1,672
jointly to the claimant and assignee or separately to the 1,673
claimant and assignee. 1,674
The assignee shall not be considered a claimant or party in 1,676
a claim for an award of reparations that is filed pursuant to 1,677
this chapter. The assignee has no right to appear in any hearing 1,678
before a commissioner, panel of commissioners, or judge of the 1,679
court of claims or to object to or appeal any determination made 1,680
by a commissioner, panel of commissioners, or judge of the court 1,681
of claims. Any records of the assignee that are related to the 1,682
assignment shall be preserved for five years after the assignment 1,683
is delivered to the attorney general. After the assignment is 1,684
executed, the assignee shall not pursue collection efforts 1,685
against the assignor or the claimant who claims through the 1,686
assignor until a final determination has been made by a single 1,687
commissioner or a panel of commissioners in the court of claims, 1,688
except to the extent that direct payment has been made to the 1,689
assignor or the claimant who claims through the assignor from a 1,690
collateral source. 1,691
Upon receipt of payment from any person, including a 1,693
collateral source, of all or a part of the funeral expense or 1,694
38
allowable expenses that are the subject of the assignment, the 1,696
assignee immediately shall notify the attorney general of the 1,698
payment. The assignee shall return any moneys already accepted 1,699
from the reparations fund that represent a duplicate payment of 1,700
funeral expense or allowable expenses that are the subject of the 1,702
assignment. If notice of payment is received from the assignee 1,703
after the attorney general has submitted the finding of fact and 1,704
recommendation, the attorney general shall immediately notify the 1,705
court of claims of the payment. If payment has been made from 1,706
the fund to an assignee, when the attorney general receives from 1,707
the assignee the notice of payment concerning payment from any 1,708
person including a collateral source, the attorney general shall 1,709
institute any necessary subrogation proceedings pursuant to 1,710
section 2743.72 of the Revised Code.
(G) If a person entitled to an award of reparations is 1,712
under eighteen years of age and if the amount of the award 1,714
exceeds one thousand dollars, the order providing for the payment 1,715
of the award shall specify that the award be paid either to the 1,716
guardian of the estate of the minor appointed pursuant to Chapter 1,717
2111. of the Revised Code or to the person or depository 1,718
designated by the probate court under section 2111.05 of the 1,719
Revised Code. If a person entitled to an award of reparations is 1,720
under eighteen years of age and if the amount of the award is one 1,721
thousand dollars or less, the order providing for the payment of 1,723
the award may specify that the award be paid to an adult member 1,724
of the family of the minor who is legally responsible for the 1,726
minor's care or to any other person designated by the 1,727
commissioner ATTORNEY GENERAL or panel of commissioners issuing 1,728
the DECISION OR order.
Sec. 2743.67. THE ATTORNEY GENERAL MAY MAKE AN EMERGENCY 1,730
AWARD IF, BEFORE ACTING ON AN APPLICATION FOR AN AWARD OF 1,731
REPARATIONS UNDER THIS SECTION, IT APPEARS LIKELY THAT A FINAL 1,733
AWARD WILL BE MADE, AND THE CLAIMANT OR VICTIM WILL SUFFER UNDUE 1,734
HARDSHIP IF IMMEDIATE ECONOMIC RELIEF IS NOT OBTAINED. AN 1,735
39
EMERGENCY AWARD SHALL NOT EXCEED TWO THOUSAND DOLLARS. THE 1,736
ATTORNEY GENERAL OR THE COURT OF CLAIMS PANEL OF COMMISSIONERS 1,737
SHALL DEDUCT AN AMOUNT OF THE EMERGENCY AWARD FROM THE FINAL 1,738
AWARD, OR THE CLAIMANT OR VICTIM SHALL REPAY THE AMOUNT OF THE 1,739
EMERGENCY AWARD THAT EXCEEDS THE FINAL AWARD MADE TO THE 1,740
CLAIMANT.
Sec. 2743.68. A claimant may file a supplemental 1,749
reparations application in a claim if a commissioner, THE 1,750
ATTORNEY GENERAL OR A COURT OF CLAIMS panel of commissioners, or 1,752
judge of the court of claims has, within five years prior to the 1,754
filing of the supplemental application, HAS made any of the
following determinations: 1,756
(A) That an award, supplemental award, or installment 1,758
award be granted;
(B) That an award, supplemental award, or installment 1,760
award be conditioned or denied because of actual or potential 1,761
recovery from a collateral source;
(C) That an award, supplemental award, or installment 1,763
award be denied because the claimant had not incurred any 1,764
economic loss at that time.
Sec. 2743.69. The court of claims ATTORNEY GENERAL shall 1,773
prepare and transmit annually to the governor and the general 1,775
assembly a report of the activities of the court of claims 1,776
commissioners OHIO CRIME VICTIMS COMPENSATION PROGRAM UNDER 1,777
SECTIONS 2743.51 TO 2743.72 OF THE REVISED CODE. The report shall 1,779
include the number of claims filed, the number of awards made and 1,780
the amount of each award, and a statistical summary of awards 1,781
made and denied, including the average size of awards; the 1,782
balance in the reparations fund, with a listing by source and 1,783
amount of the moneys that have been deposited in the fund; the 1,784
amount that has been withdrawn from the fund, including separate 1,785
listings of the administrative costs incurred by the ATTORNEY 1,786
GENERAL AND A court of claims PANEL OF COMMISSIONERS, salaries of 1,787
commissioners, compensation of judges and court personnel, the 1,788
40
amount awarded as attorney's fees, and the amount withdrawn by 1,789
the attorney general after certification of his costs of 1,790
investigation and recommendation. The attorney general and 1,792
director of budget and management shall assist the court of 1,793
claims ATTORNEY GENERAL in the preparation of the report required 1,795
by this section.
Sec. 2743.71. (A) Any law enforcement agency that 1,804
investigates, and any prosecuting attorney, city director of law, 1,805
village solicitor, or similar prosecuting authority who 1,806
prosecutes, an offense committed in this state shall, upon first 1,807
contact with the victim or his THE VICTIM'S family or dependents, 1,809
give the victim or his THE VICTIM'S family or dependents a copy 1,810
of an information card or other printed material provided by the 1,812
clerk of the court of claims pursuant to division (B) of this 1,813
section and explain, upon request, the information on the card or 1,814
material to the victim or his THE VICTIM'S family or dependents. 1,815
(B) The clerk of the court of claims shall have printed, 1,817
and shall provide to law enforcement agencies, prosecuting 1,818
attorneys, city directors of law, village solicitors, and similar 1,819
prosecuting authorities, cards or other materials that contain 1,820
information explaining awards of reparations. The information on 1,821
the cards or other materials shall include, but shall not be 1,822
limited to, the following statements: 1,823
(1) Awards of reparations are limited to losses that are 1,825
caused by physical injury resulting from criminally injurious 1,826
conduct; 1,827
(2) Reparations applications are required to be filed 1,829
within two years after the date of the criminally injurious 1,830
conduct if the victim was an adult, or within the period provided 1,831
by division (C)(1) of section 2743.56 of the Revised Code if the 1,832
victim of the criminally injurious conduct was a minor; 1,833
(3) An attorney who represents an applicant for an award 1,835
of reparations cannot charge the applicant for the services 1,836
rendered in relation to that representation but is required to 1,837
41
apply to the court of claims ATTORNEY GENERAL for payment for the 1,839
representation;
(4) Applications for awards of reparations may be obtained 1,841
from, and are to be filed with, the clerk of the court of claims 1,842
or the clerk of the court of common pleas. 1,843
(C) The court of claims commissioners, with the approval 1,845
of the attorney general, may order that a reasonable amount of 1,846
money be paid out of the reparations fund, subject to the 1,847
limitation imposed by division (D) of this section, to the clerk 1,848
of the court of claims to be used by the clerk FOR USE BY THE 1,849
ATTORNEY GENERAL to publicize the availability of awards of 1,851
reparations.
(D) During any fiscal year of the court of claims, the 1,853
total expenditure for the printing and providing of information 1,854
cards or other materials pursuant to division (B) of this section 1,855
and for the publicizing of the availability of awards of 1,856
reparations pursuant to division (C) of this section shall not 1,857
exceed two per cent of the total of all court costs deposited, in 1,858
accordance with section 2743.70 of the Revised Code, in the 1,859
reparations fund during the immediately preceding fiscal year of 1,860
the court. 1,861
Sec. 2743.711. THE ATTORNEY GENERAL IS THE LEGAL 1,863
REPRESENTATIVE OF THE REPARATIONS FUND ESTABLISHED BY SECTION 1,864
2743.191 OF THE REVISED CODE. THE ATTORNEY GENERAL MAY 1,865
INSTITUTE, PROSECUTE, AND SETTLE ACTIONS OR PROCEEDINGS FOR THE 1,867
ENFORCEMENT OF THE REPARATIONS FUND'S RIGHT OF REPAYMENT, 1,868
REIMBURSEMENT, RECOVERY, AND SUBROGATION. THE ATTORNEY GENERAL 1,869
SHALL DEFEND ALL SUITS, ACTIONS, OR PROCEEDINGS BROUGHT AGAINST 1,870
THE FUND.
Sec. 2743.72. (A) If an award of reparations is made 1,879
under sections 2743.51 to 2743.71 of the Revised Code, the state, 1,880
upon the payment of the award or a part of the award, is 1,881
subrogated to all of the claimant's rights to receive or recover 1,882
benefits or advantages for economic loss for which an award of 1,883
42
reparations was made from a source that is a collateral source or 1,884
would be a collateral source if it were readily available to the 1,885
victim or claimant. The claimant may sue the offender for any 1,886
damages or injuries caused by the offender's criminally injurious 1,887
conduct and not compensated for by an award of reparations. The 1,888
claimant may join with the attorney general as co-plaintiff in 1,889
any action against the offender. 1,890
(B) If payment is made to an assignee pursuant to 1,892
divisions (E) and (F) of section 2743.66 of the Revised Code as a 1,893
result of the payment of an award of reparations, the state is 1,894
subrogated to all of the assignee's rights to receive or recover 1,895
benefits or advantages for funeral expense or allowable expenses 1,896
for which a reparations payment was made, from a source that is a 1,897
collateral source or would be a collateral source if it were 1,898
readily available to the victim, claimant, or assignee. 1,899
THE PAYMENT OF AN AWARD OF REPARATIONS FROM THE REPARATIONS 1,901
FUND ESTABLISHED BY SECTION 2743.191 OF THE REVISED CODE CREATES 1,903
A RIGHT OF REIMBURSEMENT, REPAYMENT, AND SUBROGATION IN FAVOR OF 1,904
THE REPARATIONS FUND FROM AN INDIVIDUAL WHO IS CONVICTED OF THE 1,906
OFFENSE THAT IS THE BASIS OF THE AWARD OF REPARATIONS. FOR 1,907
PURPOSES OF ESTABLISHING AN INDIVIDUAL'S LIABILITY UNDER THIS 1,908
PROVISION, A CERTIFIED JUDGMENT OF THE INDIVIDUAL'S CONVICTION 1,909
TOGETHER WITH THE RELATED INDICTMENT IS ADMISSIBLE AS EVIDENCE TO 1,910
PROVE THE INDIVIDUAL'S LIABILITY. 1,911
(B) THE PAYMENT OF AN AWARD OF REPARATIONS FROM THE 1,913
REPARATIONS FUND CREATES A RIGHT OF REIMBURSEMENT, REPAYMENT, AND 1,915
SUBROGATION IN FAVOR OF THE REPARATIONS FUND FROM A THIRD PARTY 1,916
WHO, BECAUSE OF AND EXPRESS OR IMPLIED CONTRACTUAL OR OTHER LEGAL 1,917
RELATIONSHIP, HAD AN OBLIGATION TO PAY ANY EXPENSES FOR WHICH AN 1,918
AWARD OF REPARATIONS WAS MADE. 1,919
(C) If an award of reparations is made to a claimant under 1,922
sections 2743.51 to 2743.72 of the Revised Code and if it is 1,923
discovered that the claimant actually was not eligible for the
award or that the award otherwise should not have been made under 1,924
43
the standards and criteria set forth in sections 2743.51 to 1,925
2743.72 of the Revised Code, the attorney general FUND is 1,926
entitled to recover the award from the claimant. To recover the 1,928
award, the attorney general may file a finding of fact and 1,929
recommendation against the claimant with a court of claims
commissioner. If, after filing the finding of fact and 1,931
recommendation, the attorney general proves that the claimant 1,932
actually was not eligible for the award or that the award 1,934
otherwise should not have been made under the standards and 1,935
criteria set forth in sections 2743.51 to 2743.72 of the Revised 1,936
Code, the court of claims shall enter an order against the 1,938
claimant that requires the claimant to repay the award to the
state.
(D) If an award of reparations is made to a claimant under 1,940
sections 2743.51 to 2743.72 of the Revised Code, AND if the 1,941
claimant receives compensation from any other person or entity, 1,942
including a collateral source, for an expense that is included 1,943
within the award, the attorney general FUND is entitled to 1,944
recover from the claimant the part of the award that represents 1,946
the expense for which the claimant received the compensation from 1,947
the other person or entity. To recover that part of the award, 1,948
the attorney general may file a finding of fact and
recommendation against the claimant with a court of claims 1,949
commissioner. If, after filing the finding of fact and 1,950
recommendation, the attorney general proves that the claimant 1,951
received compensation from any other person or entity, including
a collateral source, for an expense that was included within the 1,952
award, the court of claims shall enter an order against the 1,954
claimant that requires the claimant to repay to the state the 1,955
part of the award that represents the expense for which the 1,956
claimant received the compensation from the other person or
entity. 1,957
(E) THE REPARATIONS FUND IS AN ELIGIBLE RECIPIENT FOR 1,959
PAYMENT OF RESTITUTION. 1,960
44
(F) THE SUBROGATION RIGHT OF THE REPARATIONS FUND INCLUDES 1,962
THE AMOUNT OF AN AWARD OF REPARATIONS ACTUALLY PAID TO A CLAIMANT 1,963
OR TO ANOTHER PERSON ON THE CLAIMANT'S BEHALF AND A RIGHT OF 1,964
PREPAYMENT FOR THE ANTICIPATED FUTURE PAYMENT OF AN AWARD OF 1,965
REPARATIONS TO BE PAID BY REASON OF CRIMINALLY INJURIOUS CONDUCT. 1,966
(G) THE SUBROGATION RIGHT OF THE REPARATIONS FUND IS 1,968
ENFORCEABLE THROUGH THE FILING OF AN ACTION IN THE FRANKLIN 1,969
COUNTY COURT OF COMMON PLEAS WITHIN SIX YEARS OF THE DATE OF THE 1,970
LAST PAYMENT OF ANY PART OF AN AWARD OF REPARATIONS FROM THE 1,971
FUND. THE TIME OF AN OFFENDER'S IMPRISONMENT SHALL NOT BE 1,972
COMPUTED AS ANY PART OF THIS PERIOD OF LIMITATION. THIS 1,973
SUBROGATION RIGHT MAY BE ESTABLISHED AND ENFORCED IN THE FRANKLIN 1,974
COUNTY COURT OF COMMON PLEAS AS AGAINST THE HEIRS AND ASSIGNS OF 1,975
A SUBROGATION DEBTOR.
(H) AS A PREREQUISITE TO BRINGING AN ACTION TO RECOVER AN 1,977
AWARD RELATED TO CRIMINALLY INJURIOUS CONDUCT UPON WHICH 1,978
COMPENSATION IS CLAIMED OR AWARDED, THE CLAIMANT MUST GIVE THE 1,979
ATTORNEY GENERAL PRIOR WRITTEN NOTICE OF THE PROPOSED ACTION. IF 1,980
AN ACTION IS INITIATED PRIOR TO A CLAIMANT FILING A REPARATIONS 1,981
CLAIM OR SUPPLEMENTAL REPARATIONS CLAIM, THE CLAIMANT MUST GIVE 1,982
THE ATTORNEY GENERAL WRITTEN NOTICE OF THE EXISTENCE OF THE 1,983
ACTION. AFTER RECEIVING EITHER NOTICE, THE ATTORNEY GENERAL 1,984
PROMPTLY SHALL DO ONE OF THE FOLLOWING: 1,985
(1) JOIN IN THE ACTION AS A PARTY PLAINTIFF TO RECOVER ANY 1,988
REPARATIONS AWARDED;
(2) REQUIRE THE CLAIMANT TO BRING THE ACTION IN THE 1,990
CLAIMANT'S INDIVIDUAL NAME AS TRUSTEE ON BEHALF OF THE STATE TO 1,991
RECOVER ANY REPARATIONS AWARDED; 1,992
(3) RESERVE THE RIGHTS DESCRIBED IN DIVISION (H)(1) OR (2) 1,994
OF THIS SECTION. 1,995
IF, AS REQUESTED BY THE ATTORNEY GENERAL, THE CLAIMANT 1,997
BRINGS THE ACTION AS TRUSTEE AND THE CLAIMANT RECOVERS 1,998
COMPENSATION AWARDED BY THE REPARATIONS FUND, THE CLAIMANT MAY 1,999
DEDUCT FROM THE COMPENSATION RECOVERED ON BEHALF OF THE STATE THE 2,000
45
REASONABLE EXPENSES INCLUDING ATTORNEY'S FEES ALLOCABLE BY THE 2,001
COURT FOR THAT RECOVERY.
(I) A CLAIMANT SHALL NOT SETTLE OR RESOLVE ANY ACTION 2,003
ARISING OUT OF CRIMINALLY INJURIOUS CONDUCT WITHOUT WRITTEN 2,004
AUTHORIZATION FROM THE ATTORNEY GENERAL TO DO SO. ANY ATTEMPT BY 2,005
A THIRD PARTY OR AN OFFENDER, OR AN AGENT, AN INSURER, OR 2,006
ATTORNEYS OF THIRD PARTIES OR OFFENDERS, TO SETTLE AN ACTION IS 2,007
VOID AND SHALL RESULT IN NO RELEASE FROM LIABILITY TO THE 2,008
REPARATIONS FUND.
(J) IF THERE IS MORE THAN ONE OFFENDER IN CONNECTION WITH 2,010
AN INSTANCE OF CRIMINALLY INJURIOUS CONDUCT, EACH OFFENDER IS 2,011
JOINTLY AND SEVERALLY LIABLE TO PAY TO THE REPARATIONS FUND THE 2,012
FULL AMOUNT OF THE REPARATIONS AWARD. 2,013
(K) THE RIGHT OF THE REPARATIONS FUND TO REPAYMENT, 2,015
REIMBURSEMENT, AND SUBROGATION UNDER SECTIONS 2743.711 AND 2,017
2743.72 OF THE REVISED CODE IS AUTOMATIC, REGARDLESS OF WHETHER 2,018
THE REPARATIONS FUND IS JOINED AS A PARTY IN AN ACTION BY A 2,019
CLAIMANT AGAINST AN OFFENDER OR THIRD PARTY IN CONNECTION WITH 2,020
CRIMINALLY INJURIOUS CONDUCT. 2,021
(L) THE REPARATIONS FUND, THROUGH THE ATTORNEY GENERAL, 2,023
MAY ASSERT ITS REPAYMENT, REIMBURSEMENT, OR SUBROGATION RIGHTS 2,024
THROUGH CORRESPONDENCE WITH THE CLAIMANT, OFFENDER, OR THIRD 2,025
PARTY, OR THEIR LEGAL REPRESENTATIVES. THE ASSERTION IS NOT TO 2,026
BE CONSIDERED THE ASSERTION OF A CONSUMER DEBT. 2,027
(M) THE REPARATIONS FUND, THROUGH THE ATTORNEY GENERAL, 2,029
MAY INSTITUTE AND PURSUE LEGAL PROCEEDINGS AGAINST AN OFFENDER, 2,030
THIRD PARTY, OR OVERPAID CLAIMANT. IN ACTIONS AGAINST AN 2,031
OFFENDER OR THIRD PARTY, THE CLAIMANT AND VICTIM ARE NOT 2,032
NECESSARY PARTIES TO THE ACTION. 2,033
(N) THE COSTS AND ATTORNEY'S FEES OF THE ATTORNEY GENERAL 2,035
IN ENFORCING THE REPARATIONS FUND'S REIMBURSEMENT, REPAYMENT, OR 2,036
SUBROGATION RIGHTS ARE FULLY RECOVERABLE FROM THE LIABLE 2,037
OFFENDER, THIRD PARTY, OR OVERPAID CLAIMANT. 2,038
(O) All moneys that are collected by the state pursuant to 2,041
46
its rights of subrogation as provided in division (A) or (B) of 2,042
this section or pursuant to the attorney general's authority to 2,043
recover some or all of an award of reparations that is granted 2,044
pursuant to division (C) or (D) of this section shall be 2,045
deposited in the reparations fund. 2,046
Section 2. That existing sections 2743.191, 2743.51, 2,048
2743.52, 2743.53, 2743.54, 2743.55, 2743.56, 2743.57, 2743.58, 2,049
2743.59, 2743.60, 2743.61, 2743.62, 2743.63, 2743.64, 2743.65, 2,050
2743.66, 2743.68, 2743.69, 2743.71, and 2743.72 and section 2,051
2743.67 of the Revised Code are hereby repealed. 2,052
Section 3. For purposes of an application for an award of 2,054
reparations under sections 2743.51 to 2743.72 of the Revised 2,055
Code, economic loss incurred prior to the effective date of this 2,056
act shall be determined in accordance with the law in effect at 2,057
the time of the filing of the application, and economic loss 2,058
incurred on or after the effective date of this act shall be 2,059
determined in accordance with the provisions of this act. 2,060
Attorney's fees incurred on an application or supplemental 2,062
application for an award of reparations under sections 2743.51 to 2,063
2743.72 of the Revised Code filed prior to the effective date of 2,064
this act shall be determined in accordance with the law in effect 2,065
at the time of filing of the application, and attorney's fees 2,066
incurred on an application or supplemental application filed on 2,067
or after the effective date of this act shall be determined in 2,068
accordance with the provisions of this act. 2,069