As Reported by House Finance and Appropriations Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 153 5
1999-2000 6
SENATORS SPADA-LATTA-CUPP-BRADY-DRAKE-KEARNS-OELSLAGER- 8
WACHTMANN-WATTS-NEIN-HAGAN-ESPY-GARDNER- REPRESENTATIVE METZGER 10
_________________________________________________________________ 11
A B I L L
To amend sections 109.92, 2743.09, 2743.121, 13
2743.191, 2743.51, 2743.52, 2743.53, 2743.54, 14
2743.55, 2743.56, 2743.58, 2743.59, 2743.60, 15
2743.61, 2743.62, 2743.63, 2743.64, 2743.65, 16
2743.66, 2743.68, 2743.69, 2743.71, 2743.72, and 17
2907.28, to enact new section 2743.67 and
sections 2743.521, 2743.531, and 2743.711, and to 18
repeal sections 2743.57 and 2743.67 of the 19
Revised Code and to amend Sections 21 and 33 of 20
Am. Sub. H.B. 283 of the 123rd General Assembly 21
to transfer from the Court of Claims to the 22
Attorney General as of July 1, 2000, the
responsibility to make awards of reparations 24
under the Crime Victims Reparations Law; to 25
expand the benefits available under that law to 26
also include reimbursement for crime scene 27
cleanup and property destroyed by evidence
collection; to eliminate the filing fee for an 28
application requesting an award of reparations 29
under that law; to make other changes in that
law; and to make an appropriation. 30
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That sections 109.92, 2743.09, 2743.121, 33
2743.191, 2743.51, 2743.52, 2743.53, 2743.54, 2743.55, 2743.56, 35
2743.58, 2743.59, 2743.60, 2743.61, 2743.62, 2743.63, 2743.64, 36
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2743.65, 2743.66, 2743.68, 2743.69, 2743.71, 2743.72, and 2907.28 37
be amended and new section 2743.67 and sections 2743.521, 39
2743.531, and 2743.711 of the Revised Code be enacted to read as
follows: 40
Sec. 109.92. (A) Appropriations may be made by the 49
general assembly to the office of the attorney general for the 50
purpose of providing state financial assistance to victim 51
assistance programs that operate in the state. The director of 52
budget and management shall transfer amounts equal to such 53
appropriations from the reparations fund established by section 54
2743.191 of the Revised Code to the fund or funds from which such 55
appropriations are made. All amounts so appropriated and 56
transferred shall be used to provide financial assistance to 57
victim assistance programs in accordance with section 109.91 of 58
the Revised Code and this section. The program for the provision 59
of such financial assistance shall be administered by the crime 60
victims assistance office established pursuant to section 109.91 61
of the Revised Code. 62
(B) A victim assistance program may apply to the crime 64
victims assistance office for state financial assistance out of 65
funds appropriated to the office of the attorney general for that 66
purpose by the general assembly. Each application for such 67
financial assistance shall include all of the following 68
information: 69
(1) Evidence that the program is incorporated in this 71
state as a nonprofit corporation or is a program established by a 72
unit of state or local government; 73
(2) The proposed budget of the program for the period 75
during which the financial assistance is sought; 76
(3) A summary of services offered by the program; 78
(4) An estimate of the number of persons served by the 80
program. 81
(C) Within thirty days of receipt of an application for 83
financial assistance from a victim assistance program in 84
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accordance with division (B) of this section, the crime victims 85
assistance office, based in part on the recommendations of the 86
victim assistance advisory board made pursuant to section 109.91 87
of the Revised Code, shall notify the program in writing whether 88
it is eligible for financial assistance and, if eligible, 89
estimate the amount that will be made available to the program 90
and the time when the financial assistance will be made 91
available. 92
(D) Each victim assistance program that receives any 94
financial assistance pursuant to this section shall use the 95
financial assistance only to provide the services identified in 96
its application for such assistance as being services it offered 97
and to cover a reasonable cost of administration of the program. 98
Each victim assistance program that receives any such financial 99
assistance shall make a good faith effort to minimize its costs 100
of administration. 101
Sec. 2743.09. The clerk of the court of claims shall do 110
all of the following: 111
(A) Administer oaths and take and certify affidavits, 113
depositions, and acknowledgments of powers of attorney and other 114
instruments in writing; 115
(B) Prepare the dockets, enter and record the orders, 117
judgments, decisions, awards, and proceedings of the court of 118
claims and the court of claims commissioners, and issue writs and 119
process; 120
(C) Maintain an office in Franklin county in rooms 122
provided by the supreme court for that purpose; 123
(D) Keep an appearance docket of civil actions, claims for 125
an award of reparations, and appeals from decisions of the court 126
of claims commissioners. The clerk may refuse to accept for 127
filing any pleading or paper that relates to a civil action in 128
the court of claims and that is submitted for filing by a person 129
who has been found to be a vexatious litigator under section 130
2323.52 of the Revised Code and who has failed to obtain leave to 132
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proceed under that section.
Upon the commencement of an action or claim, the clerk 135
shall assign it a number. This number shall be placed on the 136
first page, and every continuation page, of the appearance docket 137
that concerns the particular action or claim. In addition this 138
number and the names of the parties shall be placed on the case 139
file, and every paper filed in the action or claim. 140
At the time the action is commenced the clerk shall enter 142
in the appearance docket the names of the parties in full and the 144
names of counsel and shall index the action alphabetically by the 145
last name of each party. Thereafter, the clerk shall
chronologically note in the appearance docket all process issued 146
and returns, pleas, motions, papers filed in the action, orders, 147
verdicts, and judgments. The notations shall be brief but shall 148
show the date of filing, substance, and journal volume and page 149
of each order, verdict, and judgment. An action is commenced for 150
purposes of this division by the filing of a complaint, including 151
a form complaint under section 2743.10 of the Revised Code or a 152
petition for removal. 153
At the time the claim AN APPEAL for an award of reparations 155
is commenced, the clerk shall enter the full names of the 156
claimant, the victim, and the attorneys in the appearance docket 157
and shall index the claim alphabetically by the last name of the 158
claimant and the victim. Thereafter, the clerk shall 159
chronologically note in the appearance docket all process issued 160
and returns, motions, papers filed in the claim, orders, 161
decisions, and awards. The notations shall be brief but shall 162
show the date of filing, substance, and journal volume and page 163
of each order. A claim for an award of reparations is commenced 164
for the purposes of this division when the claim is filed with 165
the clerk of the court of claims or when the clerk receives an 166
application for an award of reparations from the clerk of a court 167
of common pleas.
(E) Keep all original papers filed in an action or claim 169
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in a separate file folder and a journal in which all orders, 170
verdicts, and judgments of the court and commissioners shall be 171
recorded; 172
(F) Charge and collect fees pursuant to section 2303.20 of 174
the Revised Code, keep a cashbook in which the clerk shall enter 176
the amounts received, make a report to the clerk of the supreme 177
court each quarter of the fees received during the preceding 178
quarter, and pay them monthly into the state treasury;
(G) Appoint stenographers, shorthand reporters, and other 180
clerical personnel; 181
(H) Under the direction of the chief justice, establish 183
procedures for hearing and determining claims APPEALS for an 184
award of reparations pursuant to sections 2743.51 to 2743.72 of 186
the Revised Code; 187
(I) Prescribe forms for applications for an award of 189
reparations in accordance with section 2743.56 of the Revised 190
Code; 191
(J) Establish rules for permitting indigent persons to 193
file an application for an award of reparations without payment 194
of a filing fee; 195
(K) Have the authority to enter reciprocity agreements 197
with other states, districts, territories, or countries and their 198
subdivisions for the benefit of residents of this state, except 199
that the agreement shall not be contrary to or in expansion of 200
any other provisions of this chapter. 201
Sec. 2743.121. (A) A single commissioner and any panel of 210
court of claims commissioners shall render their ITS decisions as 212
to claims for an award of reparations in writing and shall 213
include separate findings of fact and any conclusions of law that 214
are necessary. Orders as to claims for an award of reparations 215
shall be entered on the journal, and the clerk shall certify on 216
the order the date of journalization and shall send copies of the 217
order and decision to the claimant, the attorney general, and to 218
the prosecuting attorney of the county in which the criminally 219
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injurious conduct occurred. 220
(B) The A JUDGE OF THE court of claims shall render its 222
THE JUDGE'S decisions as to appeals from decisions of a panel of 224
court of claims commissioners in writing and shall include a 225
separate finding for each issue contested upon appeal. Orders as 226
to appeals shall be entered on the journal, and the clerk shall 227
certify on the order the date of journalization and shall send 228
copies of the order and decision to the claimant, the attorney 229
general, and to the prosecuting attorney of the county in which 230
the criminally injurious conduct occurred. 231
Sec. 2743.191. (A) There is hereby created in the state 240
treasury the reparations fund, which shall be used only for the 241
payment of awards of reparations that are granted by the court of 242
claims commissioners, the compensation of the court of claims 244
commissioners, the compensation of judges necessary to hear and 245
determine appeals from the commissioners ATTORNEY GENERAL, the 246
compensation of any personnel needed by the court of claims 248
ATTORNEY GENERAL to administer sections 2743.51 to 2743.72 of the 250
Revised Code, the compensation of witnesses as provided in 251
division (B) of section 2743.65 of the Revised Code, other 252
administrative costs of hearing and determining claims for an 253
award of reparations by the court of claims commissioners and of 254
hearing and determining appeals from the commissioners by the 257
court of claims ATTORNEY GENERAL, the costs of administering 259
sections 2907.28 AND 2969.01 to 2969.06 of the Revised Code, the 261
costs of investigation and recommendation DECISION-MAKING as
certified by the attorney general, the provision of state 263
financial assistance to victim assistance programs in accordance 264
with sections 109.91 and 109.92 of the Revised Code, THE COSTS OF 266
PAYING THE EXPENSES OF SEX OFFENSE-RELATED EXAMINATIONS AND 267
ANTIBIOTICS PURSUANT TO SECTION 2907.28 OF THE REVISED CODE, the 269
cost of printing and distributing the pamphlet prepared by the 270
attorney general pursuant to section 109.42 of the Revised Code, 271
and, subject to division (D) of section 2743.71 of the Revised 272
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Code, the costs associated with the printing and providing of 273
information cards or other printed materials to law enforcement 274
agencies and prosecuting authorities and with publicizing the 275
availability of awards of reparations pursuant to section 2743.71 276
of the Revised Code. All costs paid pursuant to section 2743.70 277
of the Revised Code, the fifty-dollar portions of license 278
reinstatement fees mandated by division (L)(2)(b) of section 279
4511.191 of the Revised Code to be credited to the fund, the 280
portions of the proceeds of the sale of a forfeited vehicle 281
specified in division (D)(2) of section 4503.234 of the Revised 282
Code, payments collected by the department of rehabilitation and 283
correction from prisoners who voluntarily participate in an 284
approved work and training program pursuant to division 285
(C)(8)(b)(ii) of section 5145.16 of the Revised Code, and all 286
moneys collected by the state pursuant to its right of 288
subrogation provided in section 2743.72 of the Revised Code shall 289
be deposited in the fund.
(B) In making an award of reparations, a single 291
commissioner or a panel of court of claims commissioners THE 292
ATTORNEY GENERAL shall render the award against the state and the 294
director of budget and management as its agent for payment of the 295
award. The award shall be accomplished only through the 296
following procedure, which AND THE FOLLOWING PROCEDURE may be 298
enforced by writ of mandamus directed to the appropriate
official: 299
(1) The clerk of the court of claims ATTORNEY GENERAL 301
shall forward a certified copy of the order granting the award to 303
the director for payment. 305
(2) Upon receipt of the certified copy of the order 307
granting the award from the clerk of the court of claims pursuant 310
to division (B)(1) of this section, the director shall provide 311
for payment of the claimant, an assignee of the claimant, or the 312
claimant and the claimant's assignee OR PROVIDERS in the amount 313
of the award set forth in the certified copy of the order. 315
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If the award is to be paid in installments, the director 317
shall provide for payment of the amount of the award that will 318
fall due during the current appropriation period. 319
(3)(2) The expense shall be charged against all available 321
unencumbered moneys in the fund. 322
(4)(3) If the director determines that sufficient 324
unencumbered moneys do not exist in the fund, the director 325
ATTORNEY GENERAL shall make application for payment of the award 328
out of the emergency purposes account or any other appropriation 329
for emergencies or contingencies, and payment out of this account 330
or other appropriation shall be authorized if there are 331
sufficient moneys greater than the sum total of then pending 332
emergency purposes account requests or requests for releases from 333
the other appropriations. 334
(5)(4) If sufficient moneys do not exist in the account or 336
any other appropriation for emergencies or contingencies to pay 337
the award, the director ATTORNEY GENERAL shall request the 338
general assembly to make an appropriation sufficient to pay the 340
award, and no payment shall be made until the appropriation has 341
been made. The director ATTORNEY GENERAL shall make this 342
appropriation request during the current biennium and during each 344
succeeding biennium until a sufficient appropriation is made. 345
If, prior to the time that an appropriation is made by the 346
general assembly pursuant to this division, the fund has 347
sufficient unencumbered funds to pay the award or part of the 348
award, the available funds shall be used to pay the award or part 349
of the award, and the appropriation request shall be amended to 350
request only sufficient funds to pay that part of the award that 351
is unpaid.
(C) No THE ATTORNEY GENERAL SHALL NOT MAKE PAYMENT ON A 353
DECISION OR order granting an award shall be forwarded by the 355
clerk of the court of claims to the director until all appeals 356
have been determined and all rights to appeal exhausted, except 357
as otherwise provided in this section. If any party to a claim 358
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for an award of reparations appeals from only a portion of an 359
award, and a remaining portion provides for the payment of money 360
by the state, a certified copy of the order, together with a copy 362
of the notice of appeal, shall be forwarded to the director, and 363
that part of the award calling for the payment of money by the 364
state and not a subject of the appeal shall be processed for 365
payment as described in this section. 366
(D) The attorney general shall submit to the clerk of the 368
court of claims PREPARE itemized bills for the costs of printing 369
and distributing the pamphlet the attorney general prepares 371
pursuant to section 109.42 of the Revised Code. The itemized 372
bills shall set forth the name and address of the persons owed 374
the amounts set forth in them. Upon submission of the itemized 375
bills, the clerk shall provide for their payment. 377
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of 386
the Revised Code: 387
(A) "Claimant" means both of the following categories of 389
persons: 390
(1) Any of the following persons who claim an award of 392
reparations under sections 2743.51 to 2743.72 of the Revised 393
Code: 394
(a) A victim who was one of the following at the time of 396
the criminally injurious conduct: 397
(i) A resident of the United States; 399
(ii) A resident of a foreign country the laws of which 401
permit residents of this state to recover compensation as victims 402
of offenses committed in that country. 403
(b) A dependent of a deceased victim who is described in 405
division (A)(1)(a) of this section; 406
(c) A third person, other than a collateral source, who 408
legally assumes or voluntarily pays the obligations of a victim, 409
or of a dependent of a victim, who is described in division 410
(A)(1)(a) of this section, which obligations are incurred as a 411
result of the criminally injurious conduct that is the subject of 412
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the claim and may include, but are not limited to, medical or 413
burial expenses; 414
(d) A person who is authorized to act on behalf of any 416
person who is described in division (A)(1)(a), (b), or (c) of 417
this section. 418
(2) Any of the following persons who claim an award of 420
reparations under sections 2743.51 to 2743.72 of the Revised 421
Code: 422
(a) A victim who had a permanent place of residence within 424
this state at the time of the criminally injurious conduct and 425
who, at the time of the criminally injurious conduct, complied 426
with any one of the following: 427
(i) Had a permanent place of employment in this state; 429
(ii) Was a member of the regular armed forces of the 431
United States or of the United States coast guard or was a 432
full-time member of the Ohio organized militia or of the United 433
States army reserve, naval reserve, or air force reserve; 434
(iii) Was retired and receiving social security or any 436
other retirement income; 437
(iv) Was sixty years of age or older; 439
(v) Was temporarily in another state for the purpose of 441
receiving medical treatment; 442
(vi) Was temporarily in another state for the purpose of 444
performing employment-related duties required by an employer 445
located within this state as an express condition of employment 446
or employee benefits; 447
(vii) Was temporarily in another state for the purpose of 449
receiving occupational, vocational, or other job-related training 450
or instruction required by an employer located within this state 451
as an express condition of employment or employee benefits; 452
(viii) Was a full-time student at an academic institution, 454
college, or university located in another state; 455
(ix) Had not departed the geographical boundaries of this 457
state for a period exceeding thirty days or with the intention of 458
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becoming a citizen of another state or establishing a permanent 459
place of residence in another state. 460
(b) A dependent of a deceased victim who is described in 462
division (A)(2)(a) of this section; 463
(c) A third person, other than a collateral source, who 465
legally assumes or voluntarily pays the obligations of a victim, 466
or of a dependent of a victim, who is described in division 467
(A)(2)(a) of this section, which obligations are incurred as a 468
result of the criminally injurious conduct that is the subject of 469
the claim and may include, but are not limited to, medical or 470
burial expenses; 471
(d) A person who is authorized to act on behalf of any 473
person who is described in division (A)(2)(a), (b), or (c) of 474
this section. 475
(B) "Collateral source" means a source of benefits or 477
advantages for economic loss otherwise reparable that the victim 478
or claimant has received, or that is readily available to the 479
victim or claimant, from any of the following sources: 480
(1) The offender; 482
(2) The government of the United States or any of its 484
agencies, a state or any of its political subdivisions, or an 485
instrumentality of two or more states, unless the law providing 486
for the benefits or advantages makes them excess or secondary to 487
benefits under sections 2743.51 to 2743.72 of the Revised Code; 488
(3) Social security, medicare, and medicaid; 490
(4) State-required, temporary, nonoccupational disability 492
insurance; 493
(5) Workers' compensation; 495
(6) Wage continuation programs of any employer; 497
(7) Proceeds of a contract of insurance payable to the 499
victim for loss that the victim sustained because of the 500
criminally injurious conduct; 502
(8) A contract providing prepaid hospital and other health 504
care services, or benefits for disability; 505
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(9) That portion of the proceeds of all contracts of 507
insurance payable to the claimant on account of the death of the 508
victim that exceeds fifty thousand dollars; 509
(10) Any compensation recovered or recoverable under the 511
laws of another state, district, territory, or foreign country 512
because the victim was the victim of an offense committed in that 513
state, district, territory, or country. 514
"Collateral source" does not include any money, or the 516
monetary value of any property, that is subject to sections 517
2969.01 to 2969.06 of the Revised Code. 518
(C) "Criminally injurious conduct" means one of the 520
following: 521
(1) For the purposes of any person described in division 523
(A)(1) of this section, any conduct that occurs or is attempted 524
in this state; poses a substantial threat of personal injury or 525
death; and is punishable by fine, imprisonment, or death, or 526
would be so punishable but for the fact that the person engaging 527
in the conduct lacked capacity to commit the crime under the laws 528
of this state. Criminally injurious conduct does not include 529
conduct arising out of the ownership, maintenance, or use of a 530
motor vehicle, except when any of the following applies: 531
(a) The person engaging in the conduct intended to cause 533
personal injury or death; 534
(b) The person engaging in the conduct was using the 536
vehicle to flee immediately after committing a felony or an act 537
that would constitute a felony but for the fact that the person 538
engaging in the conduct lacked the capacity to commit the felony 539
under the laws of this state; 540
(c) The person engaging in the conduct was using the 542
vehicle in a manner that constitutes an OMVI violation; 543
(d) The conduct occurred on or after July 25, 1990, and 545
the person engaging in the conduct was using the vehicle in a 546
manner that constitutes a violation of section 2903.08 of the 547
Revised Code. 548
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(2) For the purposes of any person described in division 550
(A)(2) of this section, any conduct that occurs or is attempted 551
in another state, district, territory, or foreign country; poses 552
a substantial threat of personal injury or death; and is 553
punishable by fine, imprisonment, or death, or would be so 554
punishable but for the fact that the person engaging in the 555
conduct lacked capacity to commit the crime under the laws of the 556
state, district, territory, or foreign country in which the 557
conduct occurred or was attempted. Criminally injurious conduct 558
does not include conduct arising out of the ownership, 559
maintenance, or use of a motor vehicle, except when any of the 560
following applies: 561
(a) The person engaging in the conduct intended to cause 563
personal injury or death; 564
(b) The person engaging in the conduct was using the 566
vehicle to flee immediately after committing a felony or an act 567
that would constitute a felony but for the fact that the person 568
engaging in the conduct lacked the capacity to commit the felony 569
under the laws of the state, district, territory, or foreign 570
country in which the conduct occurred or was attempted; 571
(c) The person engaging in the conduct was using the 573
vehicle in a manner that constitutes an OMVI violation; 574
(d) The conduct occurred on or after July 25, 1990, the 576
person engaging in the conduct was using the vehicle in a manner 577
that constitutes a violation of any law of the state, district, 578
territory, or foreign country in which the conduct occurred, and 579
that law is substantially similar to a violation of section 580
2903.08 of the Revised Code. 581
(3) For the purposes of any person described in division 583
(A)(1) or (2) of this section, terrorism that occurs within or 584
outside the territorial jurisdiction of the United States. 585
(D) "Dependent" means an individual wholly or partially 587
dependent upon the victim for care and support, and includes a 588
child of the victim born after the victim's death. 589
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(E) "Economic loss" means economic detriment consisting 591
only of allowable expense, work loss, funeral expense, 592
unemployment benefits loss, and replacement services loss, COST 594
OF CRIME SCENE CLEANUP, AND COST OF EVIDENCE REPLACEMENT. If
criminally injurious conduct causes death, economic loss includes 595
a dependent's economic loss and a dependent's replacement 596
services loss. Noneconomic detriment is not economic loss; 597
however, economic loss may be caused by pain and suffering or 598
physical impairment. 599
(F)(1) "Allowable expense" means reasonable charges 601
incurred for reasonably needed products, services, and 602
accommodations, including those for medical care, rehabilitation, 603
rehabilitative occupational training, and other remedial 604
treatment and care and including replacement costs for eyeglasses 605
and other corrective lenses. It does not include that portion of 606
a charge for a room in a hospital, clinic, convalescent home, 607
nursing home, or any other institution engaged in providing 608
nursing care and related services in excess of a reasonable and 609
customary charge for semiprivate accommodations, unless 610
accommodations other than semiprivate accommodations are 611
medically required.
(2) AN IMMEDIATE FAMILY MEMBER OF A VICTIM OF CRIMINALLY 614
INJURIOUS CONDUCT THAT CONSISTS OF A HOMICIDE, A SEXUAL ASSAULT,
DOMESTIC VIOLENCE, OR A SEVERE AND PERMANENT INCAPACITATING 615
INJURY RESULTING IN PARAPLEGIA OR A SIMILAR LIFE-ALTERING 617
CONDITION, WHO REQUIRES PSYCHIATRIC CARE OR COUNSELING AS A 618
RESULT OF THE CRIMINALLY INJURIOUS CONDUCT, MAY BE REIMBURSED FOR 619
THAT CARE OR COUNSELING AS AN ALLOWABLE EXPENSE THROUGH THE
VICTIM'S APPLICATION. THE CUMULATIVE ALLOWABLE EXPENSE FOR CARE 620
OR COUNSELING OF THAT NATURE FOR EACH FAMILY MEMBER OF A VICTIM 621
OF THAT TYPE SHALL NOT EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS. 622
(G) "Work loss" means loss of income from work that the 625
injured person would have performed if the person had not been 627
injured and expenses reasonably incurred by the person to obtain 628
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services in lieu of those the person would have performed for 630
income, reduced by any income from substitute work actually 632
performed by the person, or by income the person would have 634
earned in available appropriate substitute work that the person 636
was capable of performing but unreasonably failed to undertake. 638
(H) "Replacement services loss" means expenses reasonably 640
incurred in obtaining ordinary and necessary services in lieu of 641
those the injured person would have performed, not for income, 642
but for the benefit of the person's self or family, if the person 644
had not been injured. 645
(I) "Dependent's economic loss" means loss after a 647
victim's death of contributions of things of economic value to 648
the victim's dependents, not including services they would have 650
received from the victim if the victim had not suffered the fatal 651
injury, less expenses of the dependents avoided by reason of the 652
victim's death. If a minor child of a victim is adopted after 653
the victim's death, the minor child continues after the adoption 654
to incur a dependent's economic loss as a result of the victim's 655
death. If the surviving spouse of a victim remarries, the 656
surviving spouse continues after the remarriage to incur a
dependent's economic loss as a result of the victim's death. 657
(J) "Dependent's replacement services loss" means loss 659
reasonably incurred by dependents after a victim's death in 660
obtaining ordinary and necessary services in lieu of those the 661
victim would have performed for their benefit if the victim had 663
not suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in 664
calculating the dependent's economic loss. If a minor child of a 665
victim is adopted after the victim's death, the minor child 666
continues after the adoption to incur a dependent's replacement 667
services loss as a result of the victim's death. If the 668
surviving spouse of a victim remarries, the surviving spouse
continues after the remarriage to incur a dependent's replacement 669
services loss as a result of the victim's death. 670
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(K) "Noneconomic detriment" means pain, suffering, 672
inconvenience, physical impairment, or other nonpecuniary damage. 673
(L) "Victim" means a person who suffers personal injury or 675
death as a result of any of the following: 676
(1) Criminally injurious conduct; 678
(2) The good faith effort of any person to prevent 680
criminally injurious conduct; 681
(3) The good faith effort of any person to apprehend a 683
person suspected of engaging in criminally injurious conduct. 684
(M) "Contributory misconduct" means any conduct of the 686
claimant or of the victim through whom the claimant claims an 687
award of reparations that is unlawful or intentionally tortious 688
and that, without regard to the conduct's proximity in time or 689
space to the criminally injurious conduct, has a causal 690
relationship to the criminally injurious conduct that is the 691
basis of the claim. 692
(N) "Funeral expense" means any reasonable charges that 694
are not in excess of five thousand dollars per funeral and that 696
are incurred for expenses directly related to a victim's funeral, 698
cremation, or burial.
(O) "Unemployment benefits loss" means a loss of 700
unemployment benefits pursuant to Chapter 4141. of the Revised 701
Code when the loss arises solely from the inability of a victim 702
to meet the able to work, available for suitable work, or the 703
actively seeking suitable work requirements of division (A)(4)(a) 704
of section 4141.29 of the Revised Code. 705
(P) "OMVI violation" means any of the following: 707
(1) A violation of section 4511.19 of the Revised Code, of 709
any municipal ordinance prohibiting the operation of a vehicle 710
while under the influence of alcohol, a drug of abuse, or alcohol 711
and a drug of abuse, or of any municipal ordinance prohibiting 712
the operation of a vehicle with a prohibited concentration of 713
alcohol in the blood, breath, or urine; 714
(2) A violation of division (A)(1) of section 2903.06 of 716
17
the Revised Code;
(3) A violation of division (A)(2), (3), or (4) of section 718
2903.06 of the Revised Code or of a municipal ordinance 720
substantially similar to any of those divisions, if the offender 721
was under the influence of alcohol, a drug of abuse, or alcohol 722
and a drug of abuse, at the time of the commission of the 723
offense;
(4) For purposes of any person described in division 725
(A)(2) of this section, a violation of any law of the state, 726
district, territory, or foreign country in which the criminally 727
injurious conduct occurred, if that law is substantially similar 728
to a violation described in division (P)(1) or (2) of this 729
section or if that law is substantially similar to a violation 730
described in division (P)(3) of this section and the offender was 731
under the influence of alcohol, a drug of abuse, or alcohol and a 732
drug of abuse, at the time of the commission of the offense. 733
(Q) "Pendency of the claim" for an original reparations 735
application or supplemental reparations application means the 736
period of time from the date the criminally injurious conduct 737
upon which the application is based occurred until the date a 738
final DECISION, order from the court of claims, OR JUDGMENT 740
concerning that original reparations application or supplemental 741
reparations application is issued. 742
(R) "Terrorism" means any activity to which all of the 745
following apply:
(1) The activity involves a violent act or an act that is 747
dangerous to human life. 748
(2) The act described in division (R)(1) of this section 751
is committed within the territorial jurisdiction of the United 753
States and is a violation of the criminal laws of the United 755
States, this state, or any other state or the act described in 757
division (R)(1) of this section is committed outside the 759
territorial jurisdiction of the United States and would be a 761
violation of the criminal laws of the United States, this state, 764
18
or any other state if committed within the territorial 765
jurisdiction of the United States. 767
(3) The activity appears to be intended to do any of the 769
following: 770
(a) Intimidate or coerce a civilian population; 773
(b) Influence the policy of any government by intimidation 776
or coercion;
(c) Affect the conduct of any government by assassination 779
or kidnapping.
(4) The activity occurs primarily outside the territorial 781
jurisdiction of the United States or transcends the national 784
boundaries of the United States in terms of the means by which 786
the activity is accomplished, the person or persons that the 787
activity appears intended to intimidate or coerce, or the area or 788
locale in which the perpetrator or perpetrators of the activity 789
operate or seek asylum.
(S) "Transcends the national boundaries of the United 792
States" means occurring outside the territorial jurisdiction of 793
the United States in addition to occurring within the territorial 795
jurisdiction of the United States. 796
(T) "COST OF CRIME SCENE CLEANUP" MEANS REASONABLE AND 798
NECESSARY COSTS OF CLEANING THE SCENE WHERE THE CRIMINALLY 799
INJURIOUS CONDUCT OCCURRED, NOT TO EXCEED SEVEN HUNDRED FIFTY 800
DOLLARS IN THE AGGREGATE PER CLAIM.
(U) "COST OF EVIDENCE REPLACEMENT" MEANS COSTS FOR 802
REPLACEMENT OF PROPERTY CONFISCATED FOR EVIDENTIARY PURPOSES 803
RELATED TO THE CRIMINALLY INJURIOUS CONDUCT, NOT TO EXCEED SEVEN 804
HUNDRED FIFTY DOLLARS IN THE AGGREGATE PER CLAIM. 805
(V) "PROVIDER" MEANS ANY PERSON WHO PROVIDES A VICTIM OR 807
CLAIMANT WITH A PRODUCT, SERVICE, OR ACCOMMODATIONS THAT ARE AN 809
ALLOWABLE EXPENSE OR A FUNERAL EXPENSE. 810
(W) "IMMEDIATE FAMILY MEMBER" MEANS AN INDIVIDUAL WHO IS 812
RELATED TO A VICTIM WITHIN THE FIRST DEGREE BY AFFINITY OR 813
CONSANGUINITY.
19
Sec. 2743.52. (A) The court of claims commissioners that 822
are appointed pursuant to section 2743.54 of the Revised Code 823
have jurisdiction to ATTORNEY GENERAL SHALL make awards of 825
reparations for economic loss arising from criminally injurious
conduct, if satisfied by a preponderance of the evidence that the 826
requirements for an award of reparations have been met. 827
(B) A COURT OF CLAIMS PANEL OF COMMISSIONERS OR A JUDGE OF 829
THE COURT OF CLAIMS HAS APPELLATE JURISDICTION TO ORDER AWARDS OF 831
REPARATIONS FOR ECONOMIC LOSS ARISING FROM CRIMINALLY INJURIOUS 833
CONDUCT, IF SATISFIED BY A PREPONDERANCE OF THE EVIDENCE THAT THE 834
REQUIREMENTS FOR AN AWARD OF REPARATIONS HAVE BEEN MET. 835
(C) A decision of THE ATTORNEY GENERAL, AN ORDER OF a 837
court of claims commissioner or a panel of court of claims 838
commissioners, OR THE JUDGMENT OF A JUDGE OF THE COURT OF CLAIMS 839
concerning an OMVI violation shall not be used as the basis for 841
any civil or criminal action, and shall not be admissible as 842
evidence in any civil or criminal proceeding. 843
Sec. 2743.521. (A) FOR CLAIMS FOR MEDICAL, PSYCHOLOGICAL, 846
DENTAL, CHIROPRACTIC, HOSPITAL, PHYSICAL THERAPY, AND NURSING 847
SERVICES, THE ATTORNEY GENERAL MAY AUDIT FEE BILL PAYMENTS AND 848
ADJUST FEE BILL REIMBURSEMENTS IN ACCORDANCE WITH APPROPRIATE 849
COST CONTAINMENT AND REIMBURSEMENT GUIDELINES ADOPTED BY THE 850
ADMINISTRATOR OF WORKERS COMPENSATION.
(B) A MEDICAL PROVIDER THAT ACCEPTS PAYMENT FOR MEDICAL 852
CARE-RELATED ALLOWABLE EXPENSES AS PART OF AN AWARD OF 853
REPARATIONS SHALL NOT SEEK REIMBURSEMENT FOR ANY PART OF THOSE 855
ALLOWABLE EXPENSES FROM THE VICTIM OR THE CLAIMANT WHO WAS 857
GRANTED THE AWARD. THIS DIVISION DOES NOT PROHIBIT THE MEDICAL 858
PROVIDER FROM SEEKING REIMBURSEMENT FROM A COLLATERAL SOURCE. 859
Sec. 2743.53. The (A) A court of claims: 868
(A) Shall PANEL OF COMMISSIONERS SHALL hear and determine 870
all matters relating to appeals from decisions of the court of 872
claims commissioners;
(B) May order law enforcement officers as defined in 874
20
section 2901.01 of the Revised Code to provide it with copies of 875
any information or data gathered in the investigation of the 876
criminally injurious conduct that is the basis of any claim to 877
enable it to determine whether, and the extent to which, a 878
claimant qualifies for an award of reparations ATTORNEY GENERAL 879
PURSUANT TO SECTIONS 2743.51 TO 2743.72 OF THE REVISED CODE.
(B) A JUDGE OF THE COURT OF CLAIMS SHALL HEAR AND 881
DETERMINE ALL MATTERS RELATING TO APPEALS FROM DECISIONS OR 883
ORDERS OF A PANEL OF COMMISSIONERS OF THE COURT OF CLAIMS. 884
Sec. 2743.531. THE COURT OF CLAIMS VICTIMS OF CRIME FUND 886
IS HEREBY CREATED IN THE STATE TREASURY. THE FUND SHALL BE USED 887
TO PAY THE COMPENSATION OF THE COURT OF CLAIMS COMMISSIONERS, THE 888
COMPENSATION OF JUDGES OF THE COURT OF CLAIMS NECESSARY TO HEAR 889
AND DETERMINE APPEALS FROM THE COMMISSIONERS, THE COMPENSATION OF 890
ANY COURT OF CLAIMS PERSONNEL NEEDED TO ADMINISTER SECTIONS 891
2743.51 TO 2743.72 OF THE REVISED CODE, AND OTHER ADMINISTRATIVE 892
EXPENSES OF HEARING AND DETERMINING APPEALS BY COURT OF CLAIMS 894
COMMISSIONERS AND JUDGES. 895
AT THE BEGINNING OF EACH FISCAL YEAR, THE DIRECTOR OF 897
BUDGET AND MANAGEMENT SHALL TRANSFER CASH FROM THE REPARATIONS 898
FUND TO THE COURT OF CLAIMS VICTIMS OF CRIME FUND IN AN AMOUNT 899
SUFFICIENT TO MAKE THE CASH BALANCE IN THE COURT OF CLAIMS 900
VICTIMS OF CRIME FUND EQUAL TO THE SUM OF THE APPROPRIATION FOR 901
THAT FISCAL YEAR AND ALL PRIOR FISCAL YEAR ENCUMBRANCES. IF THE 902
APPROPRIATION FROM THE COURT OF CLAIMS VICTIMS OF CRIME FUND IS 903
INCREASED DURING THE FISCAL YEAR, THE DIRECTOR SHALL TRANSFER 904
CASH FROM THE REPARATIONS FUND TO THE COURT OF CLAIMS VICTIMS OF 905
CRIME FUND IN AN AMOUNT EQUAL TO THE INCREASE IN THE 906
APPROPRIATION.
Sec. 2743.54. (A) The supreme court shall appoint at 915
least three court of claims commissioners to hear claims for an 916
award of reparations and to make awards of reparations AND 917
DETERMINE ALL MATTERS RELATING TO APPEALS FROM DECISIONS OF THE 918
ATTORNEY GENERAL pursuant to sections 2743.51 to 2743.72 of the 919
21
Revised Code. Each commissioner shall be an attorney who has 920
been licensed to practice law in this state for at least three 921
years prior to appointment and shall serve at the pleasure of the 922
supreme court and under the administrative supervision of the 923
clerk of the court of claims.
(B) The supreme court shall fix the compensation of the 925
court of claims commissioners, which AND THE COMPENSATION shall 926
be paid out of the reparations COURT OF CLAIMS VICTIMS OF CRIME 927
fund.
Sec. 2743.55. (A) A single commissioner or THE ATTORNEY 937
GENERAL, a panel of court of claims PANEL OF commissioners, OR A 938
JUDGE OF THE COURT OF CLAIMS shall hear and determine all matters 941
relating to claims for an award of reparations. A claim for an 942
award of reparations shall not be heard and determined until the 943
expiration of the time allowed for the claimant to respond to the 944
attorney general's finding of fact and recommendation for the 945
claim. A single commissioner or THE ATTORNEY GENERAL, a COURT OF 946
CLAIMS panel of commissioners, OR A JUDGE OF THE COURT OF CLAIMS 947
may order law enforcement officers to provide them with copies of 949
any information or data gathered in the investigation of the 950
criminally injurious conduct that is the basis of any claim to 951
enable the ATTORNEY GENERAL, A COURT OF CLAIMS PANEL OF 952
commissioners, OR A JUDGE OF THE COURT OF CLAIMS to determine 953
whether, and the extent to which, a claimant qualifies for an
award of reparations. 954
Any reference in sections 2743.51 to 2743.72 of the Revised 956
Code to action by more than a single commissioner means action by 957
a panel of commissioners. A panel shall consist of three 958
commissioners who may only proceed upon a majority vote. 959
(B) The A court of claims PANEL OF commissioners shall sit 962
in Franklin county. A single commissioner or any panel of 963
commissioners, pursuant to rules adopted by the chief justice of 964
the supreme court, may sit and hear claims for an award of 965
reparations at any other location in the state. 966
22
(C) Each claim for an award of reparations shall be heard 968
by a single commissioner. The commissioner may determine the 969
claim and make an award administratively without a hearing. If a 970
claimant or the attorney general objects to the determination or 971
award made by a single commissioner and files an objection with 972
the clerk within thirty days after journalization of the order of 973
the commissioner, the claim shall be heard by a panel of three 974
commissioners who shall make an award or deny the claim upon a 975
majority vote. 976
(D) The supreme court may promulgate rules to implement 978
sections 2743.51 to 2743.72 of the Revised Code, which may 979
include rules for the allowance of attorney's fees, the procedure 980
for hearing claims by a single commissioner or by a panel of 981
court of claims commissioners, and the procedure for hearing 982
appeals from decisions of the court of claims commissioners. 983
Sec. 2743.56. (A) A claim for an award of reparations 992
shall be commenced by filing an application for an award of 993
reparations with the clerk of the court of claims or in the court 995
of common pleas pursuant to division (B) of this section. 996
(B) A claimant who files for an award of reparations in a 998
court of common pleas shall file in the court of common pleas of 999
the county of the claimant's residence or, if the claimant is not 1,001
a resident of this state, in the court of common pleas of the 1,002
county in which the criminally injurious conduct that is the 1,003
basis of the application took place. Each application shall be 1,004
accompanied by a filing fee of seven dollars and fifty cents 1,005
unless waived pursuant to division (B) of section 2743.57 of the 1,006
Revised Code ATTORNEY GENERAL. THE APPLICATION MAY BE FILED BY 1,008
MAIL. IF THE APPLICATION IS FILED BY MAIL, THE POST-MARKED DATE 1,009
OF THE APPLICATION SHALL BE CONSIDERED THE FILING DATE OF THE 1,010
APPLICATION. The application shall be in a form prescribed by 1,011
the clerk of the court of claims, ATTORNEY GENERAL and shall 1,012
contain the following information: 1,013
(1) The name and address of the victim of the criminally 1,015
23
injurious conduct, the name and address of the claimant, and the 1,016
relationship of the claimant to the victim; 1,017
(2) The nature of the criminally injurious conduct that is 1,019
the basis for the claim and the date on which the conduct 1,020
occurred; 1,021
(3) The law enforcement agency or officer to whom the 1,023
criminally injurious conduct was reported and the date on which 1,024
it was reported; 1,025
(4) The nature and extent of the injuries that the victim 1,027
sustained from the criminally injurious conduct; 1,028
(5) The type of economic loss that the victim, a 1,030
dependent, or the claimant sustained as a result of the 1,032
criminally injurious conduct; 1,033
(6) A INCLUDE A release authorizing the ATTORNEY GENERAL 1,035
AND THE court of claims, the court of claims commissioners, and 1,036
the staff of the attorney general to obtain any report, document, 1,038
or information that relates to the determination of the claim for 1,039
an award of reparations that is requested in the application; 1,040
(7) Any information that the clerk of the court of claims 1,042
requires and that is reasonably related to an application for an 1,043
award of reparations. The clerk of the court of claims may 1,044
require the claimant to submit with the application materials to 1,045
substantiate the facts that are stated in the application. 1,046
(C)(B) All applications for an award of reparations shall 1,048
be filed as follows: 1,049
(1) If the victim of the criminally injurious conduct was 1,051
a minor, WITHIN TWO YEARS OF THE VICTIM'S EIGHTEENTH BIRTHDAY OR 1,052
within two years from the date a complaint, indictment, or 1,054
information is filed against the alleged offender, WHICHEVER IS
LATER. This division does not require that a complaint, 1,056
indictment, or information be filed against an alleged offender 1,057
in order for an application for an award of reparations to be 1,058
filed pertaining to a victim who was a minor IF THE APPLICATION 1,059
IS FILED WITHIN TWO YEARS OF THE VICTIM'S EIGHTEENTH BIRTHDAY, 1,060
24
and does not affect the provisions of section 2743.64 of the 1,061
Revised Code. This division applies to all applications for an 1,062
award of reparations filed on or after March 11, 1987, and to any 1,063
application for an award of reparations filed before March 11, 1,064
1987, for which an award or denial of the claim is not final 1,065
within the meaning of division (B) of section 2743.61 of the 1,066
Revised Code.
(2) If the victim of the criminally injurious conduct was 1,068
an adult, within two years after the occurrence of the criminally 1,069
injurious conduct. 1,070
Sec. 2743.58. (A) The clerk of the court of claims shall 1,079
send a copy of the application to the attorney general. Upon 1,080
receipt of the copy of the application, the attorney general 1,081
shall contact the prosecuting attorney of the county in which the 1,082
criminally injurious conduct occurred and the law enforcement 1,083
agency that actively investigated the criminally injurious 1,084
conduct, and request that they provide information on the 1,085
criminally injurious conduct and related matters. The 1,086
prosecuting attorney and any officer or employee of the office of 1,087
the prosecuting attorney or of the law enforcement agency shall 1,088
be immune from any civil liability that might otherwise be 1,089
incurred as the result of providing information on the criminally 1,090
injurious conduct and related matters to the attorney general. 1,091
(B) The clerk, upon receipt of the attorney general's 1,093
finding of fact and recommendation for a claim for an award of 1,094
reparations, shall forward a copy of the finding and 1,095
recommendation to the claimant and shall give the claimant an 1,096
opportunity to respond in writing. After the expiration of the 1,097
time allowed for the claimant's response, the clerk shall assign 1,098
the claim to a court of claims commissioner. 1,099
Sec. 2743.59. (A) The attorney general, upon receipt of 1,108
an application for an award of reparations from the clerk of the 1,109
court of claims, shall fully investigate the A claim FOR AN AWARD 1,111
OF REPARATIONS, regardless of whether any person is prosecuted 1,112
25
for or convicted of committing the criminally injurious conduct 1,114
alleged in the application. After completing the investigation, 1,115
the attorney general shall make a written finding of fact and 1,116
recommendation DECISION concerning an award of reparations. The 1,118
attorney general shall file the finding of fact and 1,119
recommendation and all information or documents that the attorney 1,120
general used in the investigation with the clerk of the court of 1,122
claims.
(B)(1) The attorney general may require the claimant to 1,124
supplement the application for an award of reparations with any 1,125
further information or documentary materials, including any 1,126
medical report readily available, that may lead to any relevant 1,128
facts in the determination of whether, and the extent to which, a 1,129
claimant qualifies for an award of reparations. The attorney 1,130
general may depose any witness, including the claimant, pursuant 1,131
to Civil Rules 28, 30, and 45. 1,132
(2)(a) For the purpose of determining whether, and the 1,134
extent to which, a claimant qualifies for an award of 1,135
reparations, the attorney general may issue subpoenas and 1,136
subpoenas duces tecum to compel any person or entity, including 1,137
any collateral source, that provided, will provide, or would have 1,138
provided to the victim any income, benefit, advantage, product, 1,139
service, or accommodation, including any medical care or other 1,140
income, benefit, advantage, product, service, or accommodation 1,141
that might qualify as an allowable expense or a funeral expense, 1,142
to produce materials to the attorney general that are relevant to 1,143
the income, benefit, advantage, product, service, or 1,145
accommodation that was, will be, or would have been so provided
and to the attorney general's determination. 1,146
(b) If the attorney general issues a subpoena or subpoena 1,148
duces tecum under division (B)(2)(a) of this section and if the 1,150
materials that the attorney general requires to be produced are
located outside this state, the attorney general may designate 1,151
one or more representatives, including officials of the state in 1,152
26
which the materials are located, to inspect the materials on the 1,153
attorney general's behalf, and the attorney general may respond 1,154
to similar requests from officials of other states. The person 1,155
or entity subpoenaed may make the materials available to the 1,156
attorney general at a convenient location within the state. 1,157
(c) At any time before the return day specified in the 1,159
subpoena or subpoena duces tecum issued under division (B)(2)(a) 1,160
of this section or within twenty days after the subpoena or 1,161
subpoena duces tecum has been served, whichever period is 1,162
shorter, the person or entity subpoenaed may file in the WITH A 1,164
JUDGE OF THE court of claims a petition to extend the return day 1,165
or to modify or quash the subpoena or subpoena duces tecum. The 1,166
petition shall state good cause. 1,167
(d) A person or entity who is subpoenaed under division 1,169
(B)(2)(a) of this section shall comply with the terms of the 1,171
subpoena or subpoena duces tecum unless otherwise provided by an
order of the A JUDGE OF THE court of claims entered prior to the 1,173
day for return contained in the subpoena or as extended by the 1,174
court. If a person or entity fails without lawful excuse to obey 1,175
a subpoena or subpoena duces tecum issued under division 1,176
(B)(2)(a) of this section or to produce relevant materials, the 1,177
attorney general may apply to the A JUDGE OF THE court of claims 1,179
for and obtain an order adjudging the person or entity in 1,180
contempt of court.
(C) The finding of fact AND DECISION that is issued by the 1,182
attorney general pursuant to division (A) of this section shall 1,183
contain all of the following: 1,184
(1) Whether the criminally injurious conduct that is the 1,186
basis for the application did occur, the date on which the 1,187
conduct occurred, and the exact nature of the conduct; 1,188
(2) Whether the criminally injurious conduct was reported 1,190
to a law enforcement officer or agency, the date on which the 1,191
conduct was reported, the name of the person who reported the 1,192
conduct, and the reasons why the conduct was not reported to a 1,193
27
law enforcement officer or agency or was not reported to a law 1,194
enforcement officer or agency within seventy-two hours after the 1,195
conduct occurred; 1,196
(3) The exact nature of the injuries that the victim 1,198
sustained as a result of the criminally injurious conduct; 1,199
(4) A specific list of the economic loss that was 1,201
sustained as a result of the criminally injurious conduct by the 1,202
victim, the claimant, or a dependent; 1,203
(5) A specific list of any benefits or advantages that the 1,205
victim, the claimant, or a dependent has received or is entitled 1,206
to receive from any collateral source for economic loss that 1,207
resulted from the conduct and whether a collateral source would 1,208
have reimbursed the claimant for a particular expense if a timely 1,209
claim had been made, and the extent to which the expenses likely 1,211
would have been reimbursed by the collateral source;
(6) A description of any evidence in support of 1,213
contributory misconduct by the claimant or by the victim through 1,214
whom the claimant claims an award of reparations, whether the 1,215
victim has been convicted of a felony or has a record of felony 1,216
arrests under the laws of this state, another state, or the 1,217
United States, WHETHER DISQUALIFYING CONDITIONS EXIST UNDER 1,218
DIVISION (E) OF SECTION 2743.60 OF THE REVISED CODE, and whether 1,219
there is evidence that the victim engaged in an ongoing course of 1,221
criminal conduct within five years or less of the criminally 1,222
injurious conduct that is the subject of the claim; 1,223
(7) Whether an assignment has been filed pursuant to 1,225
division (E) of section 2743.66 of the Revised Code; 1,226
(8) Whether the victim of the criminally injurious conduct 1,228
was a minor; 1,229
(9)(8) If the victim of the criminally injurious conduct 1,231
was a minor, whether a complaint, indictment, or information was 1,232
filed against the alleged offender and, if such a filing 1,233
occurred, its date; 1,234
(10)(9) Any information that is relevant to the claim for 1,236
28
an award of reparations. 1,237
(D) The recommendation DECISION that is issued by the 1,239
attorney general pursuant to division (A) of this section shall 1,240
contain all of the following: 1,241
(1) A statement as to whether A CLAIMANT IS ELIGIBLE FOR 1,243
an award of reparations should be made, whether payments made 1,245
pursuant to the award should ARE TO be made to the claimant, to 1,246
an assignee A PROVIDER, or jointly to the claimant and an 1,248
assignee A PROVIDER, and what the amount of the payments to the 1,250
claimant, the assignee, and to the claimant and assignee should 1,251
be OR PROVIDER;
(2) A statement as to whether any of the payments made 1,253
pursuant to the award should be paid in a lump sum or in 1,254
installments; 1,255
(3) If the attorney general recommends DECIDES that an 1,257
award not be made to the claimant, the reasons for that decision. 1,259
(E) The attorney general shall make the attorney general's 1,261
recommendation A WRITTEN FINDING OF FACT AND DECISION in 1,262
accordance with sections 2743.51 to 2743.72 of the Revised Code 1,263
and within one hundred twenty days after receiving the claim 1,266
application from the clerk of the court of claims. The attorney 1,267
general may file a motion for an extension of EXTEND the 1,268
one-hundred-twenty-day time limit and shall state RECORD IN 1,269
WRITING specific reasons to justify the extension. The attorney 1,270
general shall file the motion for an extension with the clerk of 1,271
the court of claims, shall serve a copy of the motion upon the 1,272
claimant pursuant to Civil Rule 5, and shall notify the claimant 1,273
that the claimant may file a written objection to the extension 1,275
with the clerk of the court of claims. A court of claims 1,276
commissioner, upon a showing of good cause, may grant the 1,277
extension. If an extension is granted, the order granting the 1,278
extension shall state the specific reasons for granting the 1,279
extension, and the clerk shall send a copy of the order to the 1,280
claimant.
29
(F) Within twenty-one days after the attorney general 1,282
files the attorney general's finding and recommendation 1,283
concerning an award of reparations with the court of claims, any 1,285
person may file with the clerk of the court of claims any 1,286
information that is relevant to the granting or denial of the 1,287
award that the person reasonably believes was not before or 1,289
considered by the attorney general in making the attorney 1,290
general's finding and recommendation. If a court of claims 1,291
commissioner considers the information relevant, a copy of the 1,292
information filed shall be served upon the claimant and the 1,293
attorney general. The claimant and the attorney general may 1,294
respond in writing to the information at any time within ten days 1,295
after receiving a copy of the information OF THE EXTENSION AND OF 1,296
THE REASONS FOR THE EXTENSION. THE ATTORNEY GENERAL SHALL SERVE 1,297
A COPY OF ITS WRITTEN FINDING OF FACT AND DECISION UPON THE 1,298
CLAIMANT.
Sec. 2743.60. (A) Neither a single commissioner nor THE 1,307
ATTORNEY GENERAL, a panel of court of claims PANEL OF 1,309
commissioners, OR A JUDGE OF THE COURT OF CLAIMS shall NOT make 1,310
OR ORDER an award of reparations to any claimant who, if the 1,312
victim of the criminally injurious conduct was an adult, did not 1,313
file an application for an award of reparations within two years 1,314
after the date of the occurrence of the criminally injurious 1,315
conduct that caused the injury or death for which the victim is 1,316
seeking an award of reparations or who, if the victim of that 1,317
criminally injurious conduct was a minor, did not file an 1,318
application for an award of reparations within the period 1,319
provided by division (C)(1) of section 2743.56 of the Revised 1,320
Code. An award of reparations shall not be made to a claimant if 1,321
the criminally injurious conduct upon which the claimant bases a 1,322
claim was not reported to a law enforcement officer or agency 1,323
within seventy-two hours after the occurrence of the conduct, 1,324
unless it is determined that good cause existed for the failure 1,325
to report the conduct within the seventy-two-hour period.
30
(B)(1) Neither a single commissioner nor THE ATTORNEY 1,327
GENERAL, a panel of commissioners, OR A JUDGE OF THE COURT OF 1,329
CLAIMS shall NOT make OR ORDER an award of reparations to a 1,330
claimant who IF ANY OF THE FOLLOWING APPLY: 1,332
(a) THE CLAIMANT is the offender or an accomplice of the 1,334
offender who committed the criminally injurious conduct, nor to 1,336
any claimant if OR the award would unjustly benefit the offender 1,337
or accomplice.
(b) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS SECTION, 1,340
BOTH OF THE FOLLOWING APPLY: 1,341
(i) THE VICTIM WAS A PASSENGER IN A MOTOR VEHICLE AND KNEW 1,343
OR REASONABLY SHOULD HAVE KNOWN THAT THE DRIVER WAS UNDER THE 1,345
INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR BOTH. 1,346
(ii) THE CLAIMANT IS SEEKING COMPENSATION FOR INJURIES 1,348
PROXIMATELY CAUSED BY THE DRIVER DESCRIBED IN DIVISION 1,350
(B)(1)(b)(i) OF THIS SECTION BEING UNDER THE INFLUENCE OF 1,351
ALCOHOL, A DRUG OF ABUSE, OR BOTH.
(c) BOTH OF THE FOLLOWING APPLY: 1,353
(i) THE VICTIM WAS UNDER THE INFLUENCE OF ALCOHOL, A DRUG 1,355
OF ABUSE, OR BOTH AND WAS A PASSENGER IN A MOTOR VEHICLE AND, IF 1,357
SOBER, SHOULD HAVE REASONABLY KNOWN THAT THE DRIVER WAS UNDER THE 1,359
INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR BOTH.
(ii) THE CLAIMANT IS SEEKING COMPENSATION FOR INJURIES 1,361
PROXIMATELY CAUSED BY THE DRIVER DESCRIBED IN DIVISION 1,363
(B)(1)(b)(i) OF THIS SECTION BEING UNDER THE INFLUENCE OF 1,364
ALCOHOL, A DRUG OF ABUSE, OR BOTH.
(2) DIVISION (B)(1)(b) OF THIS SECTION DOES NOT APPLY IF 1,367
ON THE DATE OF THE OCCURRENCE OF THE CRIMINALLY INJURIOUS 1,368
CONDUCT, THE VICTIM WAS UNDER SIXTEEN YEARS OF AGE OR WAS AT 1,369
LEAST SIXTEEN YEARS OF AGE BUT LESS THAN EIGHTEEN YEARS OF AGE 1,370
AND WAS RIDING WITH A PARENT, GUARDIAN, OR CARE-PROVIDER. 1,371
(C) A single commissioner or THE ATTORNEY GENERAL, a panel 1,374
of commissioners, OR A JUDGE OF THE COURT OF CLAIMS, upon a 1,376
finding that the claimant or victim has not fully cooperated with 1,377
31
appropriate law enforcement agencies, may deny a claim or 1,378
reconsider and reduce an award of reparations.
(D) A single commissioner or THE ATTORNEY GENERAL, a panel 1,381
of commissioners, OR A JUDGE OF THE COURT OF CLAIMS shall reduce 1,382
an award of reparations or deny a claim for an award of 1,383
reparations that is otherwise payable to a claimant to the extent 1,384
that the economic loss upon which the claim is based is recouped 1,385
from other persons, including collateral sources. If an award is 1,386
reduced or a claim is denied because of the expected recoupment 1,387
of all or part of the economic loss of the claimant from a 1,388
collateral source, the amount of the award or the denial of the 1,389
claim shall be conditioned upon the claimant's economic loss 1,390
being recouped by the collateral source. If the award or denial 1,391
is conditioned upon the recoupment of the claimant's economic 1,392
loss from a collateral source and it is determined that the 1,393
claimant did not unreasonably fail to present a timely claim to 1,394
the collateral source and will not receive all or part of the
expected recoupment, the claim may be reopened and an award may 1,395
be made in an amount equal to the amount of expected recoupment 1,396
that it is determined the claimant will not receive from the 1,397
collateral source. 1,398
If the claimant recoups all or part of the economic loss 1,401
upon which the claim is based from any other person or entity, 1,402
including a collateral source, the attorney general may recover
pursuant to section 2743.72 of the Revised Code the part of the 1,403
award that represents the economic loss for which the claimant 1,404
received the recoupment from the other person or entity. 1,405
(E) Neither a single commissioner nor THE ATTORNEY 1,408
GENERAL, a panel of commissioners, OR A JUDGE OF THE COURT OF 1,409
CLAIMS shall NOT make an award to a claimant if any of the 1,410
following applies: 1,411
(1) The victim was convicted of a felony within ten years 1,414
prior to the criminally injurious conduct that gave rise to the 1,417
claim or is convicted of a felony during the pendency of the
32
claim. 1,418
(2) The claimant was convicted of a felony within ten 1,420
years prior to the criminally injurious conduct that gave rise to 1,421
the claim or is convicted of a felony during the pendency of the 1,422
claim.
(3) It is proved by a preponderance of the evidence 1,425
presented to the commissioner or the panel that the victim or the 1,426
claimant engaged, within ten years prior to the criminally 1,429
injurious conduct gave rise to the claim or during the pendency 1,430
of the claim, in conduct AN OFFENSE OF VIOLENCE, A VIOLATION OF 1,431
SECTION 2925.03 OF THE REVISED CODE, OR ANY SUBSTANTIALLY SIMILAR 1,432
OFFENSE that ALSO would constitute a felony under the laws of 1,434
this state, another state, or the United States. 1,435
(4) THE CLAIMANT WAS CONVICTED OF A VIOLATION OF SECTION 1,437
2919.22 OR 2919.25 OF THE REVISED CODE, OR OF ANY STATE LAW OR 1,439
MUNICIPAL ORDINANCE SUBSTANTIALLY SIMILAR TO EITHER SECTION, 1,440
WITHIN TEN YEARS PRIOR TO THE CRIMINALLY INJURIOUS CONDUCT THAT 1,441
GAVE RISE TO THE CLAIM OR DURING THE PENDENCY OF THE CLAIM. 1,442
(F) In determining whether to make an award of reparations 1,444
pursuant to this section, a single commissioner THE ATTORNEY 1,445
GENERAL or panel of commissioners shall consider whether there 1,447
was contributory misconduct by the victim or the claimant. A 1,448
single commissioner or THE ATTORNEY GENERAL, a panel of 1,449
commissioners, OR A JUDGE OF THE COURT OF CLAIMS shall reduce an 1,450
award of reparations or deny a claim for an award of reparations 1,452
to the extent it is determined to be reasonable because of the 1,453
contributory misconduct of the claimant or the victim. 1,454
If WHEN the attorney general recommends that DECIDES 1,456
WHETHER a claim SHOULD be denied because of an allegation of 1,458
contributory misconduct that is supported by the finding of fact 1,459
in division (C)(6) of section 2743.59 of the Revised Code, the 1,461
burden of proof on the issue of that alleged contributory 1,462
misconduct shall be upon the claimant, if either of the following 1,463
apply:
33
(1) The victim was convicted of a felony more than ten 1,465
years prior to the criminally injurious conduct that is the 1,466
subject of the claim or has a record of felony arrests under the 1,467
laws of this state, another state, or the United States;. 1,468
(2) There is good cause to believe that the victim engaged 1,470
in an ongoing course of criminal conduct within five years or 1,471
less of the criminally injurious conduct that is the subject of 1,472
the claim. 1,473
FOR PURPOSES OF THIS SECTION, IF IT IS PROVEN BY A 1,475
PREPONDERANCE OF THE EVIDENCE THAT THE VICTIM ENGAGED IN CONDUCT 1,477
AT THE TIME OF THE CRIMINALLY INJURIOUS CONDUCT THAT WAS A FELONY 1,479
VIOLATION OF SECTION 2925.11 OF THE REVISED CODE, THE CONDUCT 1,483
SHALL BE PRESUMED TO HAVE CONTRIBUTED TO THE CRIMINALLY INJURIOUS 1,484
CONDUCT AND SHALL RESULT IN A COMPLETE DENIAL OF THE CLAIM. 1,485
(G) Neither a single commissioner nor THE ATTORNEY 1,488
GENERAL, a panel of commissioners, OR A JUDGE OF THE COURT OF 1,490
CLAIMS shall NOT make an award of reparations to a claimant if 1,491
the criminally injurious conduct that caused the injury or death 1,492
that is the subject of the claim occurred to a victim who was an 1,493
adult and while the victim, after being convicted of or pleading 1,494
guilty to an offense, was serving a sentence of imprisonment in 1,495
any detention facility, as defined in section 2921.01 of the 1,496
Revised Code. 1,497
(H) If a claimant unreasonably fails to present a claim 1,499
timely to a source of benefits or advantages that would have been 1,500
a collateral source and that would have reimbursed the claimant 1,501
for all or a portion of a particular expense, a single 1,502
commissioner or THE ATTORNEY GENERAL, a panel of commissioners, 1,504
OR A JUDGE OF THE COURT OF CLAIMS may reduce an award of 1,505
reparations or deny a claim for an award of reparations to the 1,506
extent that it is reasonable to do so. 1,507
(I) Reparations payable to a victim and to all other 1,509
claimants sustaining economic loss because of injury to or the 1,510
death of that victim shall not exceed fifty thousand dollars in 1,511
34
the aggregate. 1,512
Sec. 2743.61. (A) The attorney general may appeal 1,521
conclusions of law made by a panel of court of claims 1,522
commissioners and a, ON THE ATTORNEY GENERAL'S OWN MOTION OR UPON 1,524
REQUEST OF A CLAIMANT OR VICTIM, MAY RECONSIDER A DECISION TO 1,525
MAKE AN AWARD OF REPARATIONS, THE AMOUNT OF AN AWARD OF 1,526
REPARATIONS, OR A DECISION TO DENY A CLAIM FOR AN AWARD OF 1,527
REPARATIONS. A CLAIMANT MAY FILE A REQUEST FOR RECONSIDERATION 1,528
WITH THE ATTORNEY GENERAL NOT LATER THAN THIRTY DAYS AFTER THE 1,529
ATTORNEY GENERAL RENDERS AN INITIAL DECISION. A CLAIMANT MAY 1,530
SUBMIT WITH THE REQUEST ANY ADDITIONAL INFORMATION THAT IS 1,532
RELEVANT TO THE CLAIMANT'S CLAIM FOR AN AWARD OF REPARATION. 1,533
THE ATTORNEY GENERAL SHALL RECONSIDER THE APPLICATION BASED 1,535
UPON EVIDENCE THAT IS RELEVANT TO THE APPLICATION AND ISSUE A 1,536
FINAL DECISION WITHIN SIXTY DAYS OF RECEIVING THE REQUEST FOR 1,538
RECONSIDERATION. THE ATTORNEY GENERAL MAY EXTEND THE SIXTY-DAY 1,540
TIME LIMIT AND SHALL RECORD IN WRITING SPECIFIC REASONS TO 1,541
JUSTIFY THE EXTENSION. THE ATTORNEY GENERAL SHALL NOTIFY THE
CLAIMANT OF THE EXTENSION AND OF THE REASONS FOR THE EXTENSION. 1,542
IF A CLAIMANT DOES NOT FILE A REQUEST FOR RECONSIDERATION 1,544
OF A DECISION OF THE ATTORNEY GENERAL TO MAKE AN AWARD OR TO DENY 1,545
A CLAIM OR OF THE AMOUNT OF AN AWARD WITHIN THIRTY DAYS AFTER THE 1,546
DECISION IS RENDERED, THE AWARD, THE DENIAL OF THE CLAIM, OR THE 1,547
AMOUNT OF THE AWARD IS FINAL UNLESS THE ATTORNEY GENERAL IN THE 1,549
INTEREST OF JUSTICE ALLOWS THE RECONSIDERATION AFTER THE
EXPIRATION OF THAT PERIOD OF TIME. 1,550
(B) A claimant may appeal an award of reparations, the 1,553
amount of an award of reparations, or the denial of a claim for 1,554
an award of reparations that is made by a panel of court of
claims commissioners FINAL DECISION OF THE ATTORNEY GENERAL AFTER 1,555
ANY RECONSIDERATION. If the determination FINAL DECISION of the 1,556
commissioners ATTORNEY GENERAL with respect to any claim for an 1,558
award of reparations is appealed, the A court of claims PANEL OF 1,559
COMMISSIONERS, WITHIN NINETY DAYS OF RECEIVING THE NOTICE OF 1,560
35
APPEAL, SHALL SCHEDULE AND CONDUCT A HEARING ON THE APPEAL. THE 1,561
PANEL OF COMMISSIONERS shall hear and determine the appeal WITHIN 1,562
SIXTY DAYS FROM THE DATE OF THE HEARING on the basis of the 1,563
record of the hearing before the commissioners, including the 1,564
original award or denial made by a single commissioner, AND the 1,565
finding of fact and recommendation of the attorney general, any 1,567
information or documents that the attorney general used in his 1,568
THE investigation, any information or data provided to the court 1,570
of claims pursuant to division (B) of section 2743.53 of the 1,571
Revised Code ATTORNEY GENERAL, and any briefs or oral arguments 1,573
that may be requested by the A court OF CLAIMS PANEL OF 1,574
COMMISSIONERS, AND ANY ADDITIONAL EVIDENCE PRESENTED AT THE
HEARING. THE PANEL OF COMMISSIONERS MAY EXTEND THE SIXTY-DAY 1,576
TIME LIMIT AND SHALL RECORD IN WRITING SPECIFIC REASONS TO 1,577
JUSTIFY THE EXTENSION. THE ATTORNEY GENERAL SHALL SUPPLY THE 1,579
PANEL OF COMMISSIONERS WITH THE ORIGINAL DECISION AWARDING OR 1,580
DENYING COMPENSATION, THE FINDING OF FACT OF THE ATTORNEY 1,581
GENERAL, ANY INFORMATION OR DOCUMENTS THAT THE ATTORNEY GENERAL 1,582
USED IN THE INVESTIGATION, AND ANY INFORMATION OR DATA PROVIDED 1,583
TO THE ATTORNEY GENERAL WITHIN FOURTEEN DAYS OF THE FILING OF THE 1,584
OBJECTION AND NOTICE OF APPEAL BY THE APPLICANT. THE PANEL OF 1,585
COMMISSIONERS SHALL NOTIFY THE CLAIMANT AND ATTORNEY GENERAL OF 1,586
THE EXTENSION AND OF THE REASONS FOR THE EXTENSION. If upon 1,587
hearing and consideration of the record and evidence, the court 1,588
OF CLAIMS PANEL OF COMMISSIONERS decides that the decision of the 1,590
commissioners ATTORNEY GENERAL appealed from is reasonable and 1,592
lawful, it shall affirm the same, but if. IF the court OF CLAIMS 1,594
PANEL OF COMMISSIONERS decides that the decision of the
commissioners ATTORNEY GENERAL IS NOT SUPPORTED BY A 1,595
PREPONDERANCE OF THE EVIDENCE OR is unreasonable or unlawful, the 1,597
court IT shall reverse and vacate the decision or modify it and 1,598
enter judgment thereon.
(B)(C) THE ATTORNEY GENERAL OR A CLAIMANT MAY APPEAL AN 1,601
AWARD OF REPARATIONS, THE AMOUNT OF AN AWARD OF REPARATIONS, OR 1,602
36
THE DENIAL OF A CLAIM FOR AN AWARD OF REPARATIONS THAT IS MADE BY 1,603
A PANEL OF COURT OF CLAIMS COMMISSIONERS. IF THE DETERMINATION 1,605
OF THE PANEL OF COMMISSIONERS WITH RESPECT TO ANY CLAIM FOR AN 1,606
AWARD OF REPARATIONS IS APPEALED, A JUDGE OF THE COURT OF CLAIMS 1,607
SHALL HEAR AND DETERMINE THE APPEAL ON THE BASIS OF THE RECORD OF 1,608
THE HEARING BEFORE THE COMMISSIONERS, INCLUDING THE ORIGINAL 1,609
AWARD OR DENIAL MADE BY THE ATTORNEY GENERAL, ANY INFORMATION OR 1,610
DOCUMENTS PRESENTED TO THE PANEL OF COMMISSIONERS, AND ANY BRIEFS 1,611
OR ORAL ARGUMENTS THAT MAY BE REQUESTED BY THE JUDGE. IF UPON 1,612
HEARING AND CONSIDERATION OF THE RECORD AND EVIDENCE, THE JUDGE 1,613
DECIDES THAT THE DECISION OF THE PANEL OF COMMISSIONERS IS 1,614
UNREASONABLE OR UNLAWFUL, THE JUDGE SHALL REVERSE AND VACATE THE 1,616
DECISION OR MODIFY IT AND ENTER JUDGMENT ON THE CLAIM. THE 1,617
DECISION OF THE JUDGE OF THE COURT OF CLAIMS IS FINAL.
(D) Notices of an appeal concerning an award of 1,619
reparations shall be filed within thirty days after the date on 1,620
which the award or the denial of a claim is made by A FINAL 1,621
DECISION OF the commissioners ATTORNEY GENERAL. If a notice of 1,622
appeal is not filed within the thirty-day period, the award or 1,624
denial of the claim is final unless the A court of claims PANEL 1,625
OF COMMISSIONERS in the interests of justice allows the appeal. 1,626
(E) THE ATTORNEY GENERAL OR A CLAIMANT SHALL FILE A NOTICE 1,628
OF AN APPEAL CONCERNING AN ORDER OR DECISION OF A PANEL OF 1,630
COMMISSIONERS WITHIN THIRTY DAYS AFTER THE DATE ON WHICH THE 1,631
AWARD OR THE DENIAL OF A CLAIM IS MADE BY THE PANEL OF 1,632
COMMISSIONERS. IF THE ATTORNEY GENERAL OR A CLAIMANT DOES NOT 1,633
FILE A NOTICE OF APPEAL WITH RESPECT TO AN AWARD OR DENIAL WITHIN 1,635
THE THIRTY-DAY PERIOD, THE AWARD OR DENIAL OF THE CLAIM IS FINAL 1,637
UNLESS A JUDGE OF THE COURT OF CLAIMS IN THE INTERESTS OF JUSTICE 1,638
ALLOWS THE APPEAL.
Sec. 2743.62. (A)(1) Subject to division (A)(2) of this 1,648
section, there is no privilege, except the privileges arising 1,649
from the attorney-client relationship, as to communications or 1,650
records that are relevant to the physical, mental, or emotional 1,651
37
condition of the claimant or victim in a proceeding under 1,652
sections 2743.51 to 2743.72 of the Revised Code in which that 1,653
condition is an element.
(2)(a) Except as specified in division (A)(2)(b) of this 1,656
section, any record or report that the A JUDGE OF THE COURT OF 1,657
CLAIMS, A court of claims PANEL OF COMMISSIONERS, or THE attorney 1,658
general has obtained prior to, or obtains on or after, the 1,659
effective date of this amendment JUNE 30, 1998, under the 1,660
provisions of sections 2743.51 to 2743.72 of the Revised Code and 1,663
that is confidential or otherwise exempt from public disclosure 1,664
under section 149.43 of the Revised Code while in the possession 1,666
of the creator of the record or report shall remain confidential 1,667
or exempt from public disclosure under section 149.43 of the
Revised Code while in the possession of the court of claims or 1,669
the attorney general.
(b) Notwithstanding division (A)(2)(a) of this section, 1,672
the A JUDGE OF THE court of claims, A PANEL OF COMMISSIONERS, A 1,674
claimant, A claimant's attorney, or THE attorney general may 1,675
disclose or refer to records or reports described in that 1,676
division in any hearing conducted under sections 2743.51 to 1,677
2743.72 of the Revised Code or in the court's JUDGE'S, PANEL OF 1,678
COMMISSIONERS', claimant's, or attorney general's written 1,680
pleadings, findings, recommendations, and decisions. 1,681
(B) If the mental, physical, or emotional condition of a 1,683
victim or claimant is material to a claim for an award of 1,684
reparations, a single commissioner or THE ATTORNEY GENERAL, a 1,686
panel of commissioners, OR A JUDGE OF THE COURT OF CLAIMS may 1,688
order the victim or claimant to submit to a mental or physical 1,689
examination by a physician or psychologist and may order an 1,690
autopsy of a deceased victim. The order may be made for good 1,691
cause shown and upon notice to the person to be examined and to 1,692
the claimant and the attorney general. The order shall specify 1,693
the time, place, manner, conditions, and scope of the examination 1,694
or autopsy and the person by whom it is to be made and shall 1,695
38
require the person who performs the examination or autopsy to 1,696
file with the clerk of the court of claims ATTORNEY GENERAL a 1,697
detailed written report of the examination or autopsy. The 1,698
report shall set out the findings, including the results of all 1,699
tests made, diagnoses, prognoses, and other conclusions and 1,700
reports of earlier examinations of the same conditions. 1,701
(C) On request of the person examined, the clerk of the 1,703
court of claims ATTORNEY GENERAL shall furnish the person a copy 1,704
of the report. If the victim is deceased, the clerk of the court 1,706
of claims ATTORNEY GENERAL, on request, shall furnish the 1,708
claimant a copy of the report.
(D) A single commissioner or THE ATTORNEY GENERAL, a panel 1,711
of commissioners, OR A JUDGE OF THE COURT OF CLAIMS may require 1,712
the claimant to supplement the application for an award of 1,713
reparations with any reasonably available medical or
psychological reports relating to the injury for which the award 1,714
of reparations is claimed. 1,715
(E) The court, a single commissioner ATTORNEY GENERAL, a 1,717
panel of commissioners, or the attorney general A JUDGE OF THE 1,719
COURT OF CLAIMS, in a claim arising out of a violation of any 1,721
provision of sections 2907.02 to 2907.07 of the Revised Code, 1,722
shall not request the victim or the claimant to supply, or permit 1,723
any person to supply, any evidence of specific instances of the 1,724
victim's sexual activity, opinion evidence of the victim's sexual 1,725
activity, or reputation evidence of the victim's sexual activity 1,726
unless it involves evidence of the origin of semen, pregnancy, or 1,727
disease or evidence of the victim's past sexual activity with the 1,728
offender and only to the extent that the court JUDGE, the PANEL 1,729
OF commissioners, or the attorney general finds that the evidence 1,731
is relevant to a fact at issue in the claim. 1,732
Sec. 2743.63. If a person refuses to comply with an order 1,741
under sections 2743.51 to 2743.72 of the Revised Code, or asserts 1,742
a privilege, except privileges arising from the attorney-client 1,743
relationship, to withhold or suppress evidence relevant to a 1,744
39
claim for an award of reparations, a single commissioner or a 1,745
panel of court of claims commissioners THE ATTORNEY GENERAL may 1,746
make any just order DECISION including denial of the claim, but 1,747
shall not find the person in contempt. If necessary to carry out 1,750
any of its THE ATTORNEY GENERAL'S powers and duties, a single 1,751
commissioner or a panel of commissioners THE ATTORNEY GENERAL may 1,752
petition the A court of claims PANEL OF COMMISSIONERS for an 1,754
appropriate order, INCLUDING BUT NOT LIMITED TO A FINDING OF
CONTEMPT, but the court of claims A PANEL OF COMMISSIONERS shall 1,756
not find a person in contempt for refusal to submit to a mental 1,757
or physical examination.
Sec. 2743.64. A single commissioner or THE ATTORNEY 1,766
GENERAL, a panel of court of claims PANEL OF commissioners, OR A 1,768
JUDGE OF THE COURT OF CLAIMS may make an award of reparations 1,769
whether or not any person is prosecuted or convicted for 1,771
committing the conduct that is the basis of the award. Proof of 1,772
conviction of a person whose conduct gave rise to a claim is 1,773
conclusive evidence that the crime was committed, unless an 1,774
application for rehearing, an appeal of the conviction, or 1,775
certiorari is pending, or a rehearing or new trial has been 1,776
ordered.
If the prosecuting attorney of the county in which the 1,778
criminally injurious conduct allegedly occurred or the attorney 1,779
general requests the suspension of proceedings in any claim for 1,780
an award of reparations and if the request is made because of the 1,781
commencement of a criminal prosecution, a single commissioner or 1,782
a panel of commissioners THE ATTORNEY GENERAL may suspend, 1,783
because a criminal prosecution has been commenced or is imminent, 1,785
the proceedings in any claim for an award of reparations for a 1,786
definite period of time, and may make a tentative AN EMERGENCY 1,787
award under section 2743.67 of the Revised Code. 1,789
Sec. 2743.65. (A) As part of an order, a single 1,798
commissioner or a panel of court of claims commissioners shall 1,799
determine and award reasonable THE ATTORNEY GENERAL SHALL 1,802
40
DETERMINE, AND THE STATE SHALL PAY, IN ACCORDANCE WITH THIS
SECTION attorney's fees, commensurate with services rendered, to 1,804
be paid by the state to the attorney representing a claimant 1,805
under sections 2743.51 to 2743.72 of the Revised Code. 1,806
Additional attorney's fees may be awarded by the court of claims 1,807
in the event of appeal. Attorney's fees may be denied upon a 1,808
finding that the claim or appeal is frivolous. Awards of 1,809
attorney's fees shall be in addition to awards of reparations, 1,810
and attorney's fees may be awarded whether or not an award of 1,811
reparations is made. An attorney who represents an applicant for 1,812
an award of reparations shall not charge the applicant for the 1,813
services rendered in relation to that representation and shall 1,814
apply to the court of claims for payment for the representation. 1,815
THE ATTORNEY SHALL SUBMIT ON AN APPLICATION FORM AN ITEMIZED FEE 1,817
BILL AT THE RATE OF SIXTY DOLLARS PER HOUR UPON RECEIPT OF THE 1,818
FINAL DECISION ON THE CLAIM. ATTORNEY'S FEES PAID PURSUANT TO 1,820
THIS SECTION ARE SUBJECT TO THE FOLLOWING MAXIMUM AMOUNTS: 1,821
(1) A MAXIMUM OF SEVEN HUNDRED TWENTY DOLLARS FOR CLAIMS 1,823
RESOLVED WITHOUT THE FILING OF AN APPEAL TO THE PANEL OF 1,824
COMMISSIONERS;
(2) A MAXIMUM OF ONE THOUSAND TWENTY DOLLARS FOR CLAIMS IN 1,826
WHICH AN APPEAL TO THE PANEL OF COMMISSIONERS IS FILED PLUS, AT 1,827
THE REQUEST OF AN ATTORNEY WHOSE MAIN OFFICE IS NOT IN FRANKLIN 1,828
COUNTY, DELAWARE COUNTY, LICKING COUNTY, FAIRFIELD COUNTY, 1,830
PICKAWAY COUNTY, MADISON COUNTY, OR UNION COUNTY, AN AMOUNT FOR 1,831
THE ATTORNEY'S TRAVEL TIME TO ATTEND THE ORAL HEARING BEFORE THE 1,832
PANEL OF COMMISSIONERS AT THE RATE OF THIRTY DOLLARS PER HOUR; 1,833
(3) A MAXIMUM OF ONE THOUSAND THREE HUNDRED TWENTY DOLLARS 1,835
FOR CLAIMS IN WHICH AN APPEAL TO A JUDGE OF THE COURT OF CLAIMS 1,836
IS FILED PLUS, AT THE REQUEST OF AN ATTORNEY WHOSE MAIN OFFICE IS 1,837
NOT IN FRANKLIN COUNTY, DELAWARE COUNTY, LICKING COUNTY, 1,838
FAIRFIELD COUNTY, PICKAWAY COUNTY, MADISON COUNTY, OR UNION 1,839
COUNTY, AN AMOUNT FOR THE ATTORNEY'S TRAVEL TIME TO ATTEND THE 1,840
ORAL HEARING BEFORE THE JUDGE AT THE RATE OF THIRTY DOLLARS PER 1,841
41
HOUR;
(4) A MAXIMUM OF SEVEN HUNDRED TWENTY DOLLARS FOR A 1,843
SUPPLEMENTAL REPARATIONS APPLICATION; 1,844
(5) A MAXIMUM OF TWO HUNDRED DOLLARS IF THE CLAIM IS 1,846
DENIED ON THE BASIS OF A CLAIMANT'S OR VICTIM'S CONVICTION OF A 1,847
FELONY OFFENSE PRIOR TO THE FILING OF THE CLAIM. IF THE CLAIMANT 1,848
OR VICTIM IS CONVICTED OF A FELONY OFFENSE DURING THE PENDENCY OF 1,849
THE CLAIM, THE TWO HUNDRED DOLLARS MAXIMUM DOES NOT APPLY. IF 1,850
THE ATTORNEY HAD KNOWLEDGE OF THE CLAIMANT'S OR VICTIM'S FELONY 1,851
CONVICTION PRIOR TO THE FILING OF THE APPLICATION FOR THE CLAIM, 1,852
THE ATTORNEY GENERAL MAY DETERMINE THAT THE FILING OF THE CLAIM 1,853
WAS FRIVOLOUS AND MAY DENY ATTORNEY'S FEES. 1,854
(B) THE ATTORNEY GENERAL MAY DETERMINE THAT AN ATTORNEY BE 1,856
REIMBURSED FOR FEES INCURRED IN THE CREATION OF A GUARDIANSHIP IF 1,857
THE GUARDIANSHIP IS REQUIRED IN ORDER FOR AN INDIVIDUAL TO 1,859
RECEIVE AN AWARD OF REPARATIONS, AND THOSE FEES SHALL BE 1,860
REIMBURSED AT A RATE OF SIXTY DOLLARS PER HOUR. 1,861
(C)(1) THE ATTORNEY GENERAL SHALL FORWARD AN APPLICATION 1,863
FORM FOR ATTORNEY'S FEES TO A CLAIMANT'S ATTORNEY BEFORE OR WHEN 1,864
THE FINAL DECISION ON A CLAIM IS RENDERED. THE APPLICATION FORM 1,866
FOR ATTORNEY'S FEES SHALL DO ALL OF THE FOLLOWING:
(a) INFORM THE ATTORNEY OF THE REQUIREMENTS OF THIS 1,868
SECTION;
(b) REQUIRE A VERIFICATION STATEMENT COMPORTING WITH THE 1,870
LAW PROHIBITING FALSIFICATION; 1,871
(c) REQUIRE AN ITEMIZED FEE STATEMENT; 1,873
(d) REQUIRE A VERIFICATION STATEMENT THAT THE CLAIMANT WAS 1,875
SERVED A COPY OF THE COMPLETED APPLICATION FORM; 1,876
(e) INCLUDE NOTICE THAT THE CLAIMANT MAY OPPOSE THE 1,878
APPLICATION BY NOTIFYING THE ATTORNEY GENERAL IN WRITING WITHIN 1,879
TEN DAYS.
(2) THE ATTORNEY GENERAL SHALL FORWARD A COPY OF THIS 1,881
SECTION TO THE ATTORNEY WITH THE APPLICATION FORM FOR ATTORNEY'S 1,882
FEES. THE ATTORNEY SHALL FILE THE APPLICATION FORM WITH THE 1,883
42
ATTORNEY GENERAL. THE ATTORNEY GENERAL'S DECISION WITH RESPECT 1,884
TO AN AWARD OF ATTORNEY'S FEES IS FINAL TEN DAYS AFTER THE 1,885
ATTORNEY GENERAL RENDERS THE DECISION AND MAILS A COPY OF THE 1,886
DECISION TO THE ATTORNEY AT THE ADDRESS PROVIDED BY THE ATTORNEY. 1,887
THE ATTORNEY MAY REQUEST RECONSIDERATION OF THE DECISION ON 1,888
GROUNDS THAT IT IS INSUFFICIENT OR CALCULATED INCORRECTLY. THE 1,889
ATTORNEY GENERAL'S DECISION ON THE REQUEST FOR RECONSIDERATION IS 1,890
FINAL.
(D) THE ATTORNEY GENERAL SHALL REVIEW ALL APPLICATION 1,892
FORMS FOR ATTORNEY'S FEES THAT ARE SUBMITTED BY A CLAIMANT'S 1,893
ATTORNEY AND SHALL ISSUE AN ORDER APPROVING THE AMOUNT OF FEES TO 1,894
BE PAID TO THE ATTORNEY WITHIN SIXTY DAYS AFTER RECEIPT OF THE 1,895
APPLICATION FORM. 1,896
(E) NO ATTORNEY'S FEES SHALL BE PAID FOR THE FOLLOWING: 1,898
(1) ESTATE WORK OR REPRESENTATION OF A CLAIMANT AGAINST A 1,900
COLLATERAL SOURCE; 1,901
(2) DUPLICATION OF INVESTIGATIVE WORK REQUIRED TO BE 1,903
PERFORMED BY THE ATTORNEY GENERAL; 1,904
(3) PERFORMANCE OF UNNECESSARY CRIMINAL INVESTIGATION OF 1,906
THE OFFENSE; 1,907
(4) PRESENTING OR APPEALING AN ISSUE THAT HAS BEEN 1,909
REPEATEDLY RULED UPON BY THE HIGHEST APPELLATE AUTHORITY, UNLESS 1,910
A UNIQUE SET OF FACTS OR UNIQUE ISSUE OF LAW EXISTS THAT 1,911
DISTINGUISHES IT;
(5) A FEE REQUEST THAT IS UNREASONABLE, IS NOT 1,913
COMMENSURATE WITH SERVICES RENDERED, VIOLATES THE OHIO CODE OF 1,914
PROFESSIONAL RESPONSIBILITY, OR IS BASED UPON SERVICES THAT ARE 1,915
DETERMINED TO BE FRIVOLOUS.
(F)(1) THE ATTORNEY GENERAL MAY REDUCE OR DENY THE PAYMENT 1,917
OF ATTORNEY'S FEES TO AN ATTORNEY WHO HAS FILED A FRIVOLOUS 1,918
CLAIM. SUBJECT TO DIVISION (A)(5) OF THIS SECTION, THE DENIAL OF 1,919
A CLAIM ON THE BASIS OF A FELONY CONVICTION, FELONY CONDUCT, OR 1,920
CONTRIBUTORY MISCONDUCT DOES NOT CONSTITUTE A FRIVOLOUS CLAIM. 1,921
(2) AS USED IN THIS SECTION, "FRIVOLOUS CLAIM" MEANS A 1,923
43
CLAIM IN WHICH THERE IS CLEARLY NO LEGAL GROUNDS UNDER THE 1,924
EXISTING LAWS OF THIS STATE TO SUPPORT THE FILING OF A CLAIM ON 1,925
BEHALF OF THE CLAIMANT OR VICTIM. 1,926
(G) THE ATTORNEY GENERAL MAY DETERMINE THAT A LESSER 1,928
NUMBER OF HOURS SHOULD HAVE BEEN REQUIRED IN A GIVEN CASE. 1,929
ADDITIONAL REIMBURSEMENT MAY BE MADE WHERE THE ATTORNEY 1,930
DEMONSTRATES TO THE ATTORNEY GENERAL THAT THE NATURE OF THE 1,931
PARTICULAR CLAIM REQUIRED THE EXPENDITURE OF AN AMOUNT IN EXCESS
OF THAT ALLOWED. 1,932
(H) A CONTRACT OR OTHER AGREEMENT BETWEEN AN ATTORNEY AND 1,935
ANY PERSON THAT PROVIDES FOR THE PAYMENT OF ATTORNEY'S FEES OR 1,937
OTHER PAYMENTS IN EXCESS OF THE ATTORNEY'S FEES ALLOWED UNDER
THIS SECTION FOR REPRESENTING A CLAIMANT UNDER SECTIONS 2743.51 1,938
TO 2743.72 OF THE REVISED CODE SHALL BE VOID AND UNENFORCEABLE. 1,940
(B)(I) Each witness who appears in a hearing on a claim 1,942
for an award of reparations shall receive compensation in an 1,943
amount equal to that received by witnesses in civil cases as 1,944
provided in section 2335.06 of the Revised Code. 1,945
Sec. 2743.66. (A) An order of a single commissioner or a 1,954
panel of A DECISION OF THE ATTORNEY GENERAL, ORDER OF A court of 1,955
claims PANEL OF commissioners, OR JUDGMENT OF A JUDGE OF THE 1,956
COURT OF CLAIMS granting an award of reparations may provide for 1,958
the payment of the award in a lump sum or in installments. The 1,959
part of an award equal to the amount of economic loss accrued to 1,960
the date of the award shall be paid in a lump sum. An award for 1,961
allowable expense that would accrue after the award is made shall 1,962
not be paid in a lump sum. Except as provided in division (B) of 1,963
this section, the part of an award not paid in a lump sum shall 1,964
be paid in installments.
(B) Upon the motion of the claimant or upon the 1,966
recommendation of, the attorney general, a single commissioner or 1,968
a panel of commissioners may commute future economic loss, other 1,969
than allowable expense, to a lump sum but only upon a finding 1,970
that either of the following applies: 1,971
44
(1) The award in a lump sum will promote the interests of 1,973
the claimant. 1,974
(2) The present value of all future economic loss, other 1,976
than allowable expense, does not exceed one thousand dollars. 1,977
(C) A single commissioner or a panel of commissioners THE 1,979
ATTORNEY GENERAL may make an award for future economic loss 1,980
payable in installments only for a period as to which future 1,981
economic loss reasonably can be determined. An award for future 1,983
economic loss payable in installments may be reconsidered and 1,984
modified upon a finding that a material and substantial change of 1,985
circumstances has occurred.
(D) An award is not subject to execution, attachment, 1,987
garnishment, or other process, except that, upon receipt of an 1,988
award by a claimant: 1,989
(1) The part of the award that is for allowable expense or 1,991
funeral expense is not exempt from such action by a creditor to 1,992
the extent that the creditor provided products, services, or 1,993
accommodations the costs of which are included in the award. 1,995
(2) The part of the award that is for work loss shall not 1,997
be exempt from such action to secure payment of spousal support, 1,998
other maintenance, or child support. 1,999
(3) The attorney general may recover the award pursuant to 2,002
section 2743.72 of the Revised Code if it is discovered that the 2,003
claimant actually was not eligible for the award or that the 2,004
award otherwise should not have been made under the standards and 2,005
criteria set forth in sections 2743.51 to 2743.72 of the Revised 2,006
Code.
(4) If the claimant receives compensation from any other 2,008
person or entity, including a collateral source, for an expense 2,009
that is included within the award, the attorney general may 2,010
recover pursuant to section 2743.72 of the Revised Code the part 2,012
of the award that represents the expense for which the claimant
received the compensation from the other person or entity. 2,013
(E) An assignment or agreement to assign a right to an 2,015
45
award of reparations is unenforceable, except that an assignment 2,016
of a right to receive payment of all or any part of an award of 2,017
reparations shall be enforceable and shall be honored by a single 2,018
commissioner or a panel of commissioners if all of the following 2,019
apply: 2,020
(1) Pursuant to this section, the claimant or the victim 2,022
through whom the claimant claims an award of reparations assigns 2,024
his or her right to receive payment of all or any part of an 2,025
award of reparations for unreimbursed allowable expenses for 2,026
products, services, or accommodations provided by the assignee or 2,027
for unreimbursed funeral expense for services provided by the 2,028
assignee;
(2) The unreimbursed allowable expenses for products, 2,030
services, or accommodations provided by the assignee that are the 2,031
subject of the assignment and that are included in an award of 2,032
reparations exceed five hundred dollars, or the unreimbursed 2,034
funeral expense for services provided by the assignee that is the 2,035
subject of the assignment and that is included in an award of 2,036
reparations exceeds five hundred dollars; 2,037
(3) The assignee delivers the assignment to the attorney 2,039
general before the attorney general has submitted the attorney 2,040
general's finding of fact and recommendation pursuant to section 2,042
2743.59 of the Revised Code; 2,043
(4) The assignment delivered to the attorney general 2,045
appears on a separate document, the exclusive subject of which is 2,046
"assignment of a right to payment of all or part of an award of 2,047
reparations," and the separate document is duly signed and dated 2,049
by the assignor and attested by one or more witnesses; 2,050
(5) After an investigation by the attorney general, a 2,052
single commissioner or a panel of commissioners determines that 2,053
the assignment is valid and that it was entered into voluntarily 2,054
by all parties. 2,055
(F) For each assignment that meets the requirements of 2,057
divisions (E)(1) to (5) of this section, the order granting an 2,058
46
award of reparations shall state separately the amount of the 2,059
award or any part of the award that is based upon unreimbursed 2,061
allowable expenses or unreimbursed funeral expense, whichever is 2,062
the subject of the assignment, and the assignment shall be 2,064
recognized for only that amount. If the assignee has not 2,065
cooperated in the investigation of the claim, a single 2,066
commissioner or a panel of commissioners may refuse to recognize 2,067
an assignment, upon good cause shown. The clerk of the court of 2,068
claims shall send a copy of the order granting or denying an 2,069
award to the assignee by regular mail.
If an award is limited pursuant to division (C) or (I) of 2,071
section 2743.60 of the Revised Code, a single commissioner or a 2,072
panel of commissioners may order that payment be made to all 2,073
claimants and their assignees upon a pro rata basis. A single 2,074
commissioner or a panel of commissioners may determine the terms 2,075
of the award issued, including whether the award is to be paid 2,076
jointly to the claimant and assignee or separately to the 2,077
claimant and assignee. 2,078
The assignee shall not be considered a claimant or party in 2,080
a claim for an award of reparations that is filed pursuant to 2,081
this chapter. The assignee has no right to appear in any hearing 2,082
before a commissioner, panel of commissioners, or judge of the 2,083
court of claims or to object to or appeal any determination made 2,084
by a commissioner, panel of commissioners, or judge of the court 2,085
of claims. Any records of the assignee that are related to the 2,086
assignment shall be preserved for five years after the assignment 2,087
is delivered to the attorney general. After the assignment is 2,088
executed, the assignee shall not pursue collection efforts 2,089
against the assignor or the claimant who claims through the 2,090
assignor until a final determination has been made by a single 2,091
commissioner or a panel of commissioners in the court of claims, 2,092
except to the extent that direct payment has been made to the 2,093
assignor or the claimant who claims through the assignor from a 2,094
collateral source. 2,095
47
Upon receipt of payment from any person, including a 2,097
collateral source, of all or a part of the funeral expense or 2,098
allowable expenses that are the subject of the assignment, the 2,100
assignee immediately shall notify the attorney general of the 2,102
payment. The assignee shall return any moneys already accepted 2,103
from the reparations fund that represent a duplicate payment of 2,104
funeral expense or allowable expenses that are the subject of the 2,106
assignment. If notice of payment is received from the assignee 2,107
after the attorney general has submitted the finding of fact and 2,108
recommendation, the attorney general shall immediately notify the 2,109
court of claims of the payment. If payment has been made from 2,110
the fund to an assignee, when the attorney general receives from 2,111
the assignee the notice of payment concerning payment from any 2,112
person including a collateral source, the attorney general shall 2,113
institute any necessary subrogation proceedings pursuant to 2,114
section 2743.72 of the Revised Code.
(G) If a person entitled to an award of reparations is 2,116
under eighteen years of age and if the amount of the award 2,118
exceeds one thousand dollars, the order providing for the payment 2,119
of the award shall specify that the award be paid either to the 2,120
guardian of the estate of the minor appointed pursuant to Chapter 2,121
2111. of the Revised Code or to the person or depository 2,122
designated by the probate court under section 2111.05 of the 2,123
Revised Code. If a person entitled to an award of reparations is 2,124
under eighteen years of age and if the amount of the award is one 2,125
thousand dollars or less, the order providing for the payment of 2,127
the award may specify that the award be paid to an adult member 2,128
of the family of the minor who is legally responsible for the 2,130
minor's care or to any other person designated by the 2,131
commissioner ATTORNEY GENERAL or panel of commissioners issuing 2,132
the DECISION OR order.
Sec. 2743.67. THE ATTORNEY GENERAL MAY MAKE AN EMERGENCY 2,134
AWARD IF, BEFORE ACTING ON AN APPLICATION FOR AN AWARD OF 2,135
REPARATIONS UNDER THIS SECTION, IT APPEARS LIKELY THAT A FINAL 2,137
48
AWARD WILL BE MADE, AND THE CLAIMANT OR VICTIM WILL SUFFER UNDUE 2,138
HARDSHIP IF IMMEDIATE ECONOMIC RELIEF IS NOT OBTAINED. AN 2,139
EMERGENCY AWARD SHALL NOT EXCEED TWO THOUSAND DOLLARS. THE 2,140
ATTORNEY GENERAL OR THE COURT OF CLAIMS PANEL OF COMMISSIONERS 2,141
SHALL DEDUCT AN AMOUNT OF THE EMERGENCY AWARD FROM THE FINAL 2,142
AWARD, OR THE CLAIMANT OR VICTIM SHALL REPAY THE AMOUNT OF THE 2,143
EMERGENCY AWARD THAT EXCEEDS THE FINAL AWARD MADE TO THE 2,144
CLAIMANT. IF NO FINAL AWARD IS MADE, THE CLAIMANT OR VICTIM 2,146
SHALL REPAY THE ENTIRE EMERGENCY AWARD. 2,147
Sec. 2743.68. A claimant may file a supplemental 2,156
reparations application in a claim if a commissioner, THE 2,157
ATTORNEY GENERAL, A COURT OF CLAIMS panel of commissioners, or 2,159
judge of the court of claims has, within five years prior to the 2,161
filing of the supplemental application, HAS made any of the
following determinations: 2,163
(A) That an award, supplemental award, or installment 2,165
award be granted;
(B) That an award, supplemental award, or installment 2,167
award be conditioned or denied because of actual or potential 2,168
recovery from a collateral source;
(C) That an award, supplemental award, or installment 2,170
award be denied because the claimant had not incurred any 2,171
economic loss at that time.
Sec. 2743.69. The court of claims ATTORNEY GENERAL shall 2,180
prepare and transmit annually to the governor and the general 2,182
assembly, THE PRESIDENT OF THE SENATE, THE SPEAKER OF THE HOUSE, 2,183
AND THE MINORITY LEADERS OF BOTH HOUSES a report of the 2,185
activities of the court of claims commissioners OHIO CRIME 2,186
VICTIMS COMPENSATION PROGRAM UNDER SECTIONS 2743.51 TO 2743.72 OF 2,187
THE REVISED CODE. The report shall include the number of claims 2,188
filed, the number of awards made and the amount of each award, 2,189
and a statistical summary of awards made and denied, including 2,190
the average size of awards; the balance in the reparations fund, 2,191
with a listing by source and amount of the moneys that have been 2,192
49
deposited in the fund; the amount that has been withdrawn from 2,193
the fund, including separate listings of the administrative costs 2,194
incurred by the ATTORNEY GENERAL AND A court of claims PANEL OF 2,195
COMMISSIONERS, salaries of commissioners, compensation of judges 2,197
and court personnel, AND the amount awarded as attorney's fees, 2,198
and the amount withdrawn by the attorney general after
certification of his costs of investigation and recommendation. 2,200
The attorney general and director of budget and management shall 2,201
assist the court of claims ATTORNEY GENERAL in the preparation of 2,203
the report required by this section. 2,204
Sec. 2743.71. (A) Any law enforcement agency that 2,213
investigates, and any prosecuting attorney, city director of law, 2,214
village solicitor, or similar prosecuting authority who 2,215
prosecutes, an offense committed in this state shall, upon first 2,216
contact with the victim or his THE VICTIM'S family or dependents, 2,218
give the victim or his THE VICTIM'S family or dependents a copy 2,219
of an information card or other printed material provided by the 2,221
clerk of the court of claims ATTORNEY GENERAL pursuant to 2,222
division (B) of this section and explain, upon request, the 2,224
information on the card or material to the victim or his THE 2,225
VICTIM'S family or dependents.
(B) The clerk of the court of claims ATTORNEY GENERAL 2,227
shall have printed, and shall provide to law enforcement 2,228
agencies, prosecuting attorneys, city directors of law, village 2,229
solicitors, and similar prosecuting authorities, cards or other 2,230
materials that contain information explaining awards of 2,231
reparations. The information on the cards or other materials 2,232
shall include, but shall not be limited to, the following 2,233
statements:
(1) Awards of reparations are limited to losses that are 2,235
caused by physical injury resulting from criminally injurious 2,236
conduct; 2,237
(2) Reparations applications are required to be filed 2,239
within two years after the date of the criminally injurious 2,240
50
conduct if the victim was an adult, or within the period provided 2,241
by division (C)(1) of section 2743.56 of the Revised Code if the 2,242
victim of the criminally injurious conduct was a minor; 2,243
(3) An attorney who represents an applicant for an award 2,245
of reparations cannot charge the applicant for the services 2,246
rendered in relation to that representation but is required to 2,247
apply to the court of claims ATTORNEY GENERAL for payment for the 2,249
representation;
(4) Applications for awards of reparations may be obtained 2,251
from THE ATTORNEY GENERAL, LAW ENFORCEMENT AGENCIES, AND VICTIM 2,252
ASSISTANCE AGENCIES and are to be filed with, the clerk of the 2,253
court of claims or the clerk of the court of common pleas 2,255
ATTORNEY GENERAL.
(C) The court of claims commissioners, with the approval 2,257
of the attorney general, may order that a reasonable amount of 2,258
money be paid out of the reparations fund, subject to the 2,259
limitation imposed by division (D) of this section, to the clerk 2,260
of the court of claims to be used by the clerk FOR USE BY THE 2,261
ATTORNEY GENERAL to publicize the availability of awards of 2,263
reparations.
(D) During any fiscal year of the court of claims, the 2,265
total expenditure for the printing and providing of information 2,266
cards or other materials pursuant to division (B) of this section 2,267
and for the publicizing of the availability of awards of 2,268
reparations pursuant to division (C) of this section shall not 2,269
exceed two per cent of the total of all court costs deposited, in 2,270
accordance with section 2743.70 of the Revised Code, in the 2,271
reparations fund during the immediately preceding fiscal year of 2,272
the court. 2,273
Sec. 2743.711. THE ATTORNEY GENERAL IS THE LEGAL 2,275
REPRESENTATIVE OF THE REPARATIONS FUND ESTABLISHED BY SECTION 2,276
2743.191 OF THE REVISED CODE. THE ATTORNEY GENERAL MAY 2,277
INSTITUTE, PROSECUTE, AND SETTLE ACTIONS OR PROCEEDINGS FOR THE 2,279
ENFORCEMENT OF THE REPARATIONS FUND'S RIGHT OF REPAYMENT, 2,280
51
REIMBURSEMENT, RECOVERY, AND SUBROGATION. THE ATTORNEY GENERAL 2,281
SHALL DEFEND ALL SUITS, ACTIONS, OR PROCEEDINGS BROUGHT AGAINST 2,282
THE FUND.
Sec. 2743.72. (A) If an award of reparations is made 2,291
under sections 2743.51 to 2743.71 of the Revised Code, the state, 2,292
upon the payment of the award or a part of the award, is 2,293
subrogated to all of the claimant's rights to receive or recover 2,294
benefits or advantages for economic loss for which an award of 2,295
reparations was made from a source that is a collateral source or 2,296
would be a collateral source if it were readily available to the 2,297
victim or claimant. The claimant may sue the offender for any 2,298
damages or injuries caused by the offender's criminally injurious 2,299
conduct and not compensated for by an award of reparations. The 2,300
claimant may join with the attorney general as co-plaintiff in 2,301
any action against the offender. 2,302
(B) If payment is made to an assignee pursuant to 2,304
divisions (E) and (F) of section 2743.66 of the Revised Code as a 2,305
result of the payment of an award of reparations, the state is 2,306
subrogated to all of the assignee's rights to receive or recover 2,307
benefits or advantages for funeral expense or allowable expenses 2,308
for which a reparations payment was made, from a source that is a 2,309
collateral source or would be a collateral source if it were 2,310
readily available to the victim, claimant, or assignee. 2,311
THE PAYMENT OF AN AWARD OF REPARATIONS FROM THE REPARATIONS 2,313
FUND ESTABLISHED BY SECTION 2743.191 OF THE REVISED CODE CREATES 2,315
A RIGHT OF REIMBURSEMENT, REPAYMENT, AND SUBROGATION IN FAVOR OF 2,316
THE REPARATIONS FUND FROM AN INDIVIDUAL WHO IS CONVICTED OF THE 2,318
OFFENSE THAT IS THE BASIS OF THE AWARD OF REPARATIONS. FOR 2,319
PURPOSES OF ESTABLISHING AN INDIVIDUAL'S LIABILITY UNDER THIS 2,320
PROVISION, A CERTIFIED JUDGMENT OF THE INDIVIDUAL'S CONVICTION 2,321
TOGETHER WITH THE RELATED INDICTMENT IS ADMISSIBLE AS EVIDENCE TO 2,322
PROVE THE INDIVIDUAL'S LIABILITY. 2,323
(B) THE PAYMENT OF AN AWARD OF REPARATIONS FROM THE 2,325
REPARATIONS FUND CREATES A RIGHT OF REIMBURSEMENT, REPAYMENT, AND 2,327
52
SUBROGATION IN FAVOR OF THE REPARATIONS FUND FROM A THIRD PARTY 2,328
WHO, BECAUSE OF AN EXPRESS OR IMPLIED CONTRACTUAL OR OTHER LEGAL 2,329
RELATIONSHIP, HAD AN OBLIGATION TO PAY ANY EXPENSES FOR WHICH AN 2,330
AWARD OF REPARATIONS WAS MADE. 2,331
(C) If an award of reparations is made to a claimant under 2,334
sections 2743.51 to 2743.72 of the Revised Code and if it is 2,335
discovered that the claimant actually was not eligible for the
award or that the award otherwise should not have been made under 2,336
the standards and criteria set forth in sections 2743.51 to 2,337
2743.72 of the Revised Code, the attorney general FUND is 2,338
entitled to recover the award from the claimant. To recover the 2,340
award, the attorney general may file a finding of fact and 2,341
recommendation against the claimant with a court of claims
commissioner. If, after filing the finding of fact and 2,343
recommendation, the attorney general proves that the claimant 2,344
actually was not eligible for the award or that the award 2,346
otherwise should not have been made under the standards and 2,347
criteria set forth in sections 2743.51 to 2743.72 of the Revised 2,348
Code, the court of claims shall enter an order against the 2,350
claimant that requires the claimant to repay the award to the
state.
(D) If an award of reparations is made to a claimant under 2,352
sections 2743.51 to 2743.72 of the Revised Code, AND if the 2,353
claimant receives compensation from any other person or entity, 2,354
including a collateral source, for an expense that is included 2,355
within the award, the attorney general FUND is entitled to 2,356
recover from the claimant the part of the award that represents 2,358
the expense for which the claimant received the compensation from 2,359
the other person or entity. To recover that part of the award, 2,360
the attorney general may file a finding of fact and
recommendation against the claimant with a court of claims 2,361
commissioner. If, after filing the finding of fact and 2,362
recommendation, the attorney general proves that the claimant 2,363
received compensation from any other person or entity, including
53
a collateral source, for an expense that was included within the 2,364
award, the court of claims shall enter an order against the 2,366
claimant that requires the claimant to repay to the state the 2,367
part of the award that represents the expense for which the 2,368
claimant received the compensation from the other person or
entity. 2,369
(E) THE REPARATIONS FUND IS AN ELIGIBLE RECIPIENT FOR 2,371
PAYMENT OF RESTITUTION. 2,372
(F) THE SUBROGATION RIGHT OF THE REPARATIONS FUND INCLUDES 2,374
THE AMOUNT OF AN AWARD OF REPARATIONS ACTUALLY PAID TO A CLAIMANT 2,375
OR TO ANOTHER PERSON ON THE CLAIMANT'S BEHALF AND A RIGHT OF 2,376
PREPAYMENT FOR THE ANTICIPATED FUTURE PAYMENT OF AN AWARD OF 2,377
REPARATIONS TO BE PAID BY REASON OF CRIMINALLY INJURIOUS CONDUCT. 2,378
(G) THE SUBROGATION RIGHT OF THE REPARATIONS FUND IS 2,380
ENFORCEABLE THROUGH THE FILING OF AN ACTION IN THE FRANKLIN 2,381
COUNTY COURT OF COMMON PLEAS WITHIN SIX YEARS OF THE DATE OF THE 2,382
LAST PAYMENT OF ANY PART OF AN AWARD OF REPARATIONS FROM THE 2,383
FUND. THE TIME OF AN OFFENDER'S IMPRISONMENT SHALL NOT BE 2,384
COMPUTED AS ANY PART OF THIS PERIOD OF LIMITATION. THIS 2,385
SUBROGATION RIGHT MAY BE ESTABLISHED AND ENFORCED IN THE FRANKLIN 2,386
COUNTY COURT OF COMMON PLEAS AS AGAINST THE HEIRS AND ASSIGNS OF 2,387
A SUBROGATION DEBTOR.
(H) AS A PREREQUISITE TO BRINGING AN ACTION TO RECOVER AN 2,389
AWARD RELATED TO CRIMINALLY INJURIOUS CONDUCT UPON WHICH 2,390
COMPENSATION IS CLAIMED OR AWARDED, THE CLAIMANT MUST GIVE THE 2,391
ATTORNEY GENERAL PRIOR WRITTEN NOTICE OF THE PROPOSED ACTION. IF 2,392
AN ACTION IS INITIATED PRIOR TO A CLAIMANT FILING A REPARATIONS 2,393
CLAIM OR SUPPLEMENTAL REPARATIONS CLAIM, THE CLAIMANT MUST GIVE 2,394
THE ATTORNEY GENERAL WRITTEN NOTICE OF THE EXISTENCE OF THE 2,395
ACTION. AFTER RECEIVING EITHER NOTICE, THE ATTORNEY GENERAL 2,396
PROMPTLY SHALL DO ONE OF THE FOLLOWING: 2,397
(1) JOIN IN THE ACTION AS A PARTY PLAINTIFF TO RECOVER ANY 2,400
REPARATIONS AWARDED;
(2) REQUIRE THE CLAIMANT TO BRING THE ACTION IN THE 2,402
54
CLAIMANT'S INDIVIDUAL NAME AS TRUSTEE ON BEHALF OF THE STATE TO 2,403
RECOVER ANY REPARATIONS AWARDED; 2,404
(3) RESERVE THE RIGHTS DESCRIBED IN DIVISION (H)(1) OR (2) 2,406
OF THIS SECTION. 2,407
IF, AS REQUESTED BY THE ATTORNEY GENERAL, THE CLAIMANT 2,409
BRINGS THE ACTION AS TRUSTEE AND THE CLAIMANT RECOVERS 2,410
COMPENSATION AWARDED BY THE REPARATIONS FUND, THE CLAIMANT MAY 2,411
DEDUCT FROM THE COMPENSATION RECOVERED ON BEHALF OF THE STATE THE 2,412
REASONABLE EXPENSES INCLUDING ATTORNEY'S FEES ALLOCABLE BY THE 2,413
COURT FOR THAT RECOVERY.
(I) A CLAIMANT SHALL NOT SETTLE OR RESOLVE ANY ACTION 2,415
ARISING OUT OF CRIMINALLY INJURIOUS CONDUCT WITHOUT WRITTEN 2,416
AUTHORIZATION FROM THE ATTORNEY GENERAL TO DO SO. ANY ATTEMPT BY 2,417
A THIRD PARTY OR AN OFFENDER, OR AN AGENT, AN INSURER, OR 2,418
ATTORNEYS OF THIRD PARTIES OR OFFENDERS, TO SETTLE AN ACTION IS 2,419
VOID AND SHALL RESULT IN NO RELEASE FROM LIABILITY TO THE 2,420
REPARATIONS FUND.
(J) IF THERE IS MORE THAN ONE OFFENDER IN CONNECTION WITH 2,422
AN INSTANCE OF CRIMINALLY INJURIOUS CONDUCT, EACH OFFENDER IS 2,423
JOINTLY AND SEVERALLY LIABLE TO PAY TO THE REPARATIONS FUND THE 2,424
FULL AMOUNT OF THE REPARATIONS AWARD. 2,425
(K) THE RIGHT OF THE REPARATIONS FUND TO REPAYMENT, 2,427
REIMBURSEMENT, AND SUBROGATION UNDER SECTIONS 2743.711 AND 2,429
2743.72 OF THE REVISED CODE IS AUTOMATIC, REGARDLESS OF WHETHER 2,430
THE REPARATIONS FUND IS JOINED AS A PARTY IN AN ACTION BY A 2,431
CLAIMANT AGAINST AN OFFENDER OR THIRD PARTY IN CONNECTION WITH 2,432
CRIMINALLY INJURIOUS CONDUCT. 2,433
(L) THE REPARATIONS FUND, THROUGH THE ATTORNEY GENERAL, 2,435
MAY ASSERT ITS REPAYMENT, REIMBURSEMENT, OR SUBROGATION RIGHTS 2,436
THROUGH CORRESPONDENCE WITH THE CLAIMANT, OFFENDER, OR THIRD 2,437
PARTY, OR THEIR LEGAL REPRESENTATIVES. THE ASSERTION IS NOT TO 2,438
BE CONSIDERED THE ASSERTION OF A CONSUMER DEBT. 2,439
(M) THE REPARATIONS FUND, THROUGH THE ATTORNEY GENERAL, 2,441
MAY INSTITUTE AND PURSUE LEGAL PROCEEDINGS AGAINST AN OFFENDER, 2,442
55
THIRD PARTY, OR OVERPAID CLAIMANT. IN ACTIONS AGAINST AN 2,443
OFFENDER OR THIRD PARTY, THE CLAIMANT AND VICTIM ARE NOT 2,444
NECESSARY PARTIES TO THE ACTION. 2,445
(N) THE COSTS AND ATTORNEY'S FEES OF THE ATTORNEY GENERAL 2,447
IN ENFORCING THE REPARATIONS FUND'S REIMBURSEMENT, REPAYMENT, OR 2,448
SUBROGATION RIGHTS ARE FULLY RECOVERABLE FROM THE LIABLE 2,449
OFFENDER, THIRD PARTY, OR OVERPAID CLAIMANT. 2,450
(O) All moneys that are collected by the state pursuant to 2,453
its rights of subrogation as provided in division (A) or (B) of 2,454
this section or pursuant to the attorney general's authority to 2,455
recover some or all of an award of reparations that is granted 2,456
pursuant to division (C) or (D) of this section shall be 2,457
deposited in the reparations fund. 2,458
Sec. 2907.28. (A) Any cost incurred by a hospital or 2,467
other emergency medical facility in conducting a medical 2,468
examination of a victim of an offense under any provision of 2,469
sections 2907.02 to 2907.06 of the Revised Code for the purpose 2,470
of gathering physical evidence for a possible prosecution, 2,471
INCLUDING THE COST OF ANY ANTIBIOTICS ADMINISTERED AS PART OF THE 2,473
EXAMINATION, shall be charged to and paid by the appropriate 2,475
local government as follows: 2,476
(1) Cost incurred by a county facility shall be charged to 2,478
and paid by the county; 2,479
(2) Cost incurred by a municipal facility shall be charged 2,481
to and paid by the municipal corporation; 2,482
(3) Cost incurred by a private facility shall be charged 2,484
to and paid by the municipal corporation in which the alleged 2,485
offense was committed, or charged to and paid by the county, if 2,486
committed within an unincorporated area. If separate counts of 2,487
an offense or separate offenses under any provisions of sections 2,488
2907.02 to 2907.06 of the Revised Code took place in more than 2,489
one municipal corporation or more than one unincorporated area, 2,490
or both, the local governments shall share the cost of the 2,491
examination. 2,492
56
(B) OUT OF THE REPARATIONS FUND ESTABLISHED PURSUANT TO 2,495
SECTION 2743.191 OF THE REVISED CODE, SUBJECT TO THE FOLLOWING 2,496
CONDITIONS:
(1) THE HOSPITAL OR EMERGENCY FACILITY SHALL FOLLOW A 2,498
PROTOCOL FOR CONDUCTING SUCH MEDICAL EXAMINATIONS THAT IS 2,501
IDENTIFIED BY THE ATTORNEY GENERAL IN RULE ADOPTED IN ACCORDANCE 2,502
WITH CHAPTER 119. OF THE REVISED CODE. 2,503
(2) THE HOSPITAL OR EMERGENCY FACILITY SHALL SUBMIT 2,505
REQUESTS FOR PAYMENT TO THE ATTORNEY GENERAL ON A MONTHLY BASIS, 2,506
THROUGH A PROCEDURE DETERMINED BY THE ATTORNEY GENERAL AND ON 2,507
FORMS APPROVED BY THE ATTORNEY GENERAL. THE REQUESTS SHALL 2,508
IDENTIFY THE NUMBER OF SEXUAL ASSAULT EXAMINATIONS PERFORMED AND 2,509
SHALL VERIFY THAT ALL REQUIRED PROTOCOLS WERE MET FOR EACH 2,510
EXAMINATION FORM SUBMITTED FOR PAYMENT IN THE REQUEST. 2,511
(3) THE ATTORNEY GENERAL SHALL REVIEW ALL REQUESTS FOR 2,513
PAYMENT THAT ARE SUBMITTED UNDER DIVISION (A)(2) OF THIS SECTION 2,514
AND SHALL SUBMIT FOR PAYMENT AS DESCRIBED IN DIVISION (A)(5) OF 2,515
THIS SECTION ALL REQUESTS THAT MEET THE REQUIREMENTS OF THIS 2,516
SECTION.
(4) THE HOSPITAL OR EMERGENCY FACILITY SHALL ACCEPT A FLAT 2,518
FEE PAYMENT FOR CONDUCTING EACH EXAMINATION IN THE AMOUNT 2,519
DETERMINED BY THE ATTORNEY GENERAL PURSUANT TO CHAPTER 119. OF 2,520
THE REVISED CODE AS PAYMENT IN FULL FOR ANY COST INCURRED IN 2,521
CONDUCTING A MEDICAL EXAMINATION AND TEST OF A VICTIM OF AN 2,522
OFFENSE UNDER ANY PROVISION OF SECTIONS 2907.02 TO 2907.06 OF THE 2,523
REVISED CODE FOR THE PURPOSE OF GATHERING PHYSICAL EVIDENCE FOR A
POSSIBLE PROSECUTION OF A PERSON. THE ATTORNEY GENERAL SHALL 2,524
DETERMINE A FLAT FEE PAYMENT AMOUNT TO BE PAID UNDER THIS 2,525
DIVISION THAT IS REASONABLE.
(5) IN APPROVING A PAYMENT UNDER THIS SECTION, THE 2,528
ATTORNEY GENERAL SHALL ORDER THE PAYMENT AGAINST THE STATE. THE 2,530
PAYMENT SHALL BE ACCOMPLISHED ONLY THROUGH THE FOLLOWING 2,531
PROCEDURE, AND THE PROCEDURE MAY BE ENFORCED THROUGH A MANDAMUS
ACTION AND A WRIT OF MANDAMUS DIRECTED TO THE APPROPRIATE 2,532
57
OFFICIAL: 2,533
(a) THE ATTORNEY GENERAL SHALL PROVIDE FOR PAYMENT IN THE 2,536
AMOUNT SET FORTH IN THE ORDER. 2,538
(b) THE EXPENSE OF THE PAYMENT OF THE AMOUNT DESCRIBED IN 2,540
THIS SECTION SHALL BE CHARGED AGAINST ALL AVAILABLE UNENCUMBERED 2,543
MONEYS IN THE REPARATIONS FUND.
(B) NO COSTS INCURRED BY A HOSPITAL OR EMERGENCY FACILITY 2,545
IN CONDUCTING A MEDICAL EXAMINATION AND TEST OF ANY VICTIM OF AN 2,546
OFFENSE UNDER ANY PROVISION OF SECTIONS 2907.02 TO 2907.06 OF THE 2,547
REVISED CODE FOR THE PURPOSE OF GATHERING PHYSICAL EVIDENCE FOR A 2,549
POSSIBLE PROSECUTION OF A PERSON SHALL BE BILLED OR CHARGED
DIRECTLY OR INDIRECTLY TO THE VICTIM OR THE VICTIM'S INSURER. 2,550
(C) Any cost incurred by a hospital or other emergency 2,553
medical facility in conducting a medical examination and test of 2,554
any person who is charged with a violation of division (B) of 2,555
section 2903.11 or of section 2907.02, 2907.03, 2907.04, 2907.05, 2,557
2907.12, 2907.24, 2907.241, or 2907.25 of the Revised Code or 2,558
with a violation of a municipal ordinance that is substantially 2,559
equivalent to that division or any of those sections, pursuant to 2,561
division (B) of section 2907.27 of the Revised Code, shall be 2,562
charged to and paid by the accused who undergoes the examination 2,563
and test, unless the court determines that the accused is unable 2,565
to pay, in which case the cost shall be charged to and paid by 2,567
the municipal corporation in which the offense allegedly was
committed, or charged to and paid by the county if the offense 2,568
allegedly was committed within an unincorporated area. If 2,569
separate counts of an alleged offense or alleged separate 2,570
offenses under section 2907.02, 2907.03, 2907.04, 2907.05, 2,571
2907.12, 2907.24, 2907.241, or 2907.25 of the Revised Code or 2,573
under a municipal ordinance that is substantially equivalent to 2,574
any of those sections took place in more than one municipal 2,575
corporation or more than one unincorporated area, or both, the 2,576
local governments shall share the cost of the examination and 2,577
test. If a hospital or other emergency medical facility has 2,578
58
submitted charges for the cost of a medical examination and test 2,579
to an accused and has been unable to collect payment for the 2,580
charges after making good faith attempts to collect for a period 2,581
of six months or more, the cost shall be charged to and paid by 2,582
the appropriate municipal corporation or county as specified in 2,583
division (B)(C) of this section. 2,584
Section 2. That existing sections 109.92, 2743.09, 2,586
2743.121, 2743.191, 2743.51, 2743.52, 2743.53, 2743.54, 2743.55, 2,588
2743.56, 2743.58, 2743.59, 2743.60, 2743.61, 2743.62, 2743.63, 2,589
2743.64, 2743.65, 2743.66, 2743.68, 2743.69, 2743.71, 2743.72, 2,590
and 2907.28 and sections 2743.57 and 2743.67 of the Revised Code 2,591
are hereby repealed.
Section 3. For purposes of an application for an award of 2,593
reparations under sections 2743.51 to 2743.72 of the Revised 2,594
Code, any issues concerning participation in the program, 2,596
eligibility for benefits, and exclusionary conditions shall be 2,597
determined under the version of those sections in effect at the 2,598
time of the criminally injurious conduct. 2,599
If the Attorney General has filed a finding of fact and 2,601
recommendation with respect to a claim in accordance with section 2,602
2743.59 of the Revised Code prior to the effective date of this 2,603
section, the claim shall be determined procedurally in accordance 2,604
with the law in effect at the time of the filing of the finding 2,605
of fact and recommendation. If the Attorney General has not 2,606
filed a finding of fact and recommendation with respect to a 2,607
claim in accordance with section 2743.59 of the Revised Code 2,608
prior to the effective date of this section, the claim shall be 2,609
determined procedurally in accordance with the provisions of this 2,610
act. Notwithstanding section 2743.531 of the Revised Code, the 2,612
Court of Claims Victims of Crime Fund may be used to pay 2,613
reparations awards with respect to claims for which the Attorney 2,614
General has filed a finding of fact and recommendation prior to 2,615
the effective date of this section.
Attorney's fees incurred on an application or supplemental 2,617
59
application for an award of reparations under sections 2743.51 to 2,618
2743.72 of the Revised Code filed prior to the effective date of 2,619
this section shall be determined in accordance with the law in 2,620
effect at the time of filing of the application, and attorney's 2,621
fees incurred on an application or supplemental application filed 2,622
on or after the effective date of this section shall be 2,623
determined in accordance with the provisions of this act. 2,624
Section 4. Sections 1, 2, and 3 of this act, and the items 2,627
of law of which those sections are composed, are subject to the 2,628
referendum and shall take effect on the later of July 1, 2000, or 2,629
the ninety-first day after this act is filed with the Secretary 2,630
of State. If, however, a referendum petition is filed against 2,631
any of those sections or against any item of law contained within 2,632
those sections, the section or item of law, unless rejected at 2,633
the referendum, takes effect at the earliest time permitted by 2,634
law.
Section 5. Notwithstanding any other provision of law to 2,636
the contrary, the Director of Budget and Management shall 2,637
transfer $1,000,000 cash in fiscal year 2000 from the Reparations 2,639
Fund (Fund 402) to the Sexual Assault Prevention and Intervention 2,640
Fund (Fund 5K4) in the Department of Health no later than 15 days 2,642
after the effective date of this act.
Notwithstanding any other provision of law to the contrary, 2,644
the Director of Budget and Management shall transfer $1,500,000 2,645
cash in fiscal year 2001 from the Reparations Fund (Fund 402) to 2,646
the Sexual Assault Prevention and Intervention Fund (Fund 5K4) in 2,647
the Department of Health no later than July 15, 2000. 2,648
Section 6. All items in this section are hereby 2,650
appropriated as designated out of any moneys in the state 2,651
treasury to the credit of the General Operations Fund created by 2,652
section 3701.83 of the Revised Code. For all appropriations made 2,653
in this act, those in the first column are for fiscal year 2000
and those in the second column are for fiscal year 2001. The 2,654
appropriations made in this act are in addition to any other 2,656
60
appropriations made for the 1999-2001 biennium.
DOH DEPARTMENT OF HEALTH 2,657
State Special Revenue Fund Group 2,659
5K4 440-617 Sexual Assault 2,662
Prevention and
Intervention $ 1,000,000 $ 1,500,000 2,664
TOTAL SSR State Special Revenue 2,665
Fund Group $ 1,000,000 $ 1,500,000 2,668
TOTAL ALL BUDGET FUND GROUPS $ 1,000,000 $ 1,500,000 2,671
Sexual Assault Prevention and Intervention 2,674
Of the foregoing appropriation item 440-617, Sexual Assault 2,676
Prevention and Intervention, $1,000,000 in fiscal year 2000 and 2,678
$1,500,000 in fiscal year 2001 shall be used for the following 2,679
purposes:
(A) Funding of new services in counties with no services 2,681
for sexual assault;
(B) Expansion of services in currently funded projects so 2,683
that comprehensive crisis intervention and prevention services 2,684
are offered;
(C) Start-up funding for Sexual Assault Nurse Examiner 2,686
(SANE) projects; and
(D) Statewide expansion of local outreach and public 2,688
awareness efforts.
The Director of Budget and Management may use the authority 2,691
granted pursuant to section 126.15 of the Revised Code to make 2,692
adjustments to the operating budget that the Director determines 2,693
to be necessary as a result of this act. Expenditures from 2,694
appropriations contained in this act shall be accounted for as 2,695
though made in Am. Sub. H.B. 283 of the 123rd General Assembly. 2,696
The appropriations made in this act are subject to all 2,698
provisions of Am. Sub. H.B. 283 of the 123rd General Assembly 2,699
that are generally applicable to such appropriations. 2,700
Section 7. That Sections 21 and 33 of Am. Sub. H.B. 283 of 2,702
the 123rd General Assembly be amended to read as follows: 2,703
61
"Sec. 21. AGO ATTORNEY GENERAL 2,705
General Revenue Fund 2,707
GRF 055-321 Operating Expenses $ 56,367,407 $ 60,440,184 2,712
GRF 055-405 Law-Related Education $ 190,164 $ 195,489 2,716
GRF 055-411 County Sheriffs $ 590,612 $ 607,149 2,720
GRF 055-415 County Prosecutors $ 495,027 $ 508,888 2,724
TOTAL GRF General Revenue Fund $ 57,643,210 $ 61,751,710 2,727
General Services Fund Group 2,730
106 055-612 General Reimbursement $ 12,452,999 $ 12,810,180 2,735
107 055-624 Employment Services $ 1,064,659 $ 1,116,469 2,739
195 055-660 Workers' Compensation 2,741
Section $ 6,646,301 $ 6,794,833 2,743
4Y7 055-608 Title Defect 2,745
Rescission $ 785,800 $ 807,141 2,747
4Z2 055-609 BCI Asset Forfeiture 2,749
and Cost
Reimbursement $ 308,400 $ 317,035 2,751
418 055-615 Charitable 2,753
Foundations $ 1,460,757 $ 1,498,158 2,755
420 055-603 Attorney General 2,757
Antitrust $ 420,108 $ 426,184 2,759
421 055-617 Police Officers' 2,761
Training Academy Fee $ 1,035,353 $ 1,062,272 2,763
5A9 055-618 Telemarketing Fraud 2,765
Enforcement $ 50,000 $ 50,000 2,767
590 055-633 Peace Officer Private 2,769
Security Fund $ 85,962 $ 90,790 2,771
629 055-636 Corrupt Activity 2,773
Investigation and
Prosecution $ 100,503 $ 103,317 2,775
631 055-637 Consumer Protection 2,777
Enforcement $ 1,090,936 $ 1,103,555 2,779
TOTAL GSF General Services Fund 2,780
Group $ 25,501,778 $ 26,179,934 2,783
62
Federal Special Revenue Fund Group 2,785
3E5 055-638 Anti-Drug Abuse $ 2,650,000 $ 2,650,000 2,790
3R6 055-613 Attorney General 2,792
Federal Funds $ 1,000,000 $ 1,000,000 2,794
306 055-620 Medicaid Fraud 2,796
Control $ 2,515,772 $ 2,515,772 2,798
381 055-611 Civil Rights Legal 2,800
Service $ 315,329 $ 315,329 2,802
383 055-634 Crime Victims 2,804
Assistance $ 8,000,000 $ 6,500,000 2,806
TOTAL FED Federal Special Revenue 2,807
Fund Group $ 14,481,101 $ 12,981,101 2,810
State Special Revenue Fund Group 2,813
108 055-622 Crime Victims 2,816
Compensation $ 4,039,318 $ 4,142,419 2,818
0 2,819
176 055-625 Victims Assistance 2,821
Office $ 374,768 $ 384,353 2,823
0 2,824
177 055-626 Victims Assistance 2,826
Programs $ 1,745,612 $ 1,794,489 2,828
0 2,829
4L6 055-606 DARE $ 3,738,067 $ 3,744,361 2,833
402 055-616 VICTIMS OF CRIME $ 0 $ 24,186,406 2,837
417 055-621 Domestic Violence 2,839
Shelter $ 13,458 $ 13,835 2,841
419 055-623 Claims Section $ 16,740,686 $ 17,177,546 2,845
659 055-641 Solid and Hazardous 2,847
Waste Background
Investigations $ 756,162 $ 775,535 2,849
TOTAL SSR State Special Revenue 2,850
Fund Group $ 27,408,071 $ 28,032,538 2,853
45,897,683 2,854
Holding Account Redistribution Fund Group 2,857
63
R03 055-629 Bingo License Refunds $ 5,200 $ 5,200 2,862
R04 055-631 General Holding 2,864
Account $ 75,000 $ 75,000 2,866
R05 055-632 Antitrust Settlements $ 10,400 $ 10,400 2,870
R18 055-630 Consumer Frauds $ 750,000 $ 750,000 2,874
R42 055-601 Organized Crime 2,876
Commission Account $ 200,000 $ 200,000 2,878
TOTAL 090 Holding Account 2,879
Redistribution Fund Group $ 1,040,600 $ 1,040,600 2,882
TOTAL ALL BUDGET FUND GROUPS $ 126,074,760 $ 129,985,883 2,885
147,851,028 2,886
Law-Related Education 2,889
The foregoing appropriation item 055-405, Law-Related 2,891
Education, shall be distributed directly to the Ohio Center for 2,892
Law-Related Education for the purposes of providing continuing 2,893
citizenship education activities to primary and secondary 2,894
students and accessing additional public and private money for 2,895
new programs. 2,896
Workers' Compensation Section 2,898
The Workers' Compensation Section Fund (Fund 195) shall 2,900
receive payments from the Bureau of Workers' Compensation and the 2,901
Ohio Industrial Commission at the beginning of each quarter of 2,902
each fiscal year to fund legal services to be provided to the 2,903
Bureau of Workers' Compensation and the Ohio Industrial 2,904
Commission during the ensuing quarter. Such advance payment 2,905
shall be subject to adjustment. 2,906
In addition, the Bureau of Workers' Compensation shall 2,908
transfer payments at the beginning of each quarter for the 2,909
support of the Workers' Compensation Fraud Unit. 2,910
All amounts shall be mutually agreed upon by the Attorney 2,912
General, the Bureau of Workers' Compensation, and the Ohio 2,913
Industrial Commission. 2,914
Corrupt Activity Investigation and Prosecution 2,916
The foregoing appropriation item 055-636, Corrupt Activity 2,918
64
Investigation and Prosecution, shall be used as provided by 2,919
division (D)(2) of section 2923.35 of the Revised Code to dispose 2,920
of the proceeds, fines, and penalties credited to the Corrupt 2,921
Activity Investigation and Prosecution Fund, which is created in 2,922
division (D)(1)(b) of section 2923.35 of the Revised Code. If it 2,923
is determined that additional amounts are necessary, the amounts 2,924
are hereby appropriated.
Community Police Match and Law Enforcement Assistance 2,926
In fiscal years 2000 and 2001, the Attorney General's 2,928
Office may request the Director of Budget and Management to, and 2,929
the Director of Budget and Management shall, establish GRF 2,930
appropriation item 055-406, Community Police Match and Law 2,931
Enforcement Assistance. The Director of Budget and Management 2,932
shall then transfer appropriation authority from appropriation 2,933
item 055-321, Operating Expenses, to appropriation item 055-406, 2,934
Community Police Match and Law Enforcement Assistance. Moneys 2,935
transferred to appropriation item 055-406 shall be used to pay 2,936
operating expenses and to provide grants to local law enforcement 2,937
agencies and communities for the purpose of supporting law 2,938
enforcement-related activities. 2,939
Sec. 33. CLA COURT OF CLAIMS 2,941
General Revenue Fund 2,943
GRF 015-321 Operating Expenses $ 2,779,752 $ 2,872,612 2,948
TOTAL GRF General Revenue Fund $ 2,779,752 $ 2,872,612 2,951
State Special Revenue Fund Group 2,954
402 015-601 Victims of Crime $ 22,086,768 $ 22,925,167 2,959
0 2,960
5K2 015-603 CLA VICTIMS OF CRIME $ 0 $ 10,738,989 2,964
TOTAL SSR State Special Revenue 2,965
Fund Group $ 22,086,768 $ 22,925,167 2,968
10,738,989 2,969
TOTAL ALL BUDGET FUND GROUPS $ 24,866,520 $ 25,797,779 2,972
13,611,601" 2,973
Section 8. That existing Sections 21 and 33 of Am. Sub. 2,976
65
H.B. 283 of the 123rd General Assembly are hereby repealed. 2,977
Section 9. Sections 4, 5, 6, 7, 8, and 9 of this act, and 2,979
the items of law of which those sections are composed, are not 2,980
subject to the referendum. Therefore, under Ohio Constitution, 2,981
Article II, Section 1d and section 1.471 of the Revised Code, 2,982
those sections and the items of law of which those sections are 2,983
composed go into immediate effect when this act becomes law. 2,984