As Reported by the Senate Judiciary Committee            1            

123rd General Assembly                                             4            

   Regular Session                             Sub. S. B. No. 153  5            

      1999-2000                                                    6            


                    SENATORS SPADA-LATTA-CUPP                      8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 2743.191, 2743.51, 2743.52,         12           

                2743.53, 2743.54, 2743.55, 2743.56, 2743.58,       13           

                2743.59, 2743.60, 2743.61, 2743.62, 2743.63,       14           

                2743.64, 2743.65, 2743.66, 2743.68, 2743.69,                    

                2743.71, 2743.72, and 2907.28, to enact new        15           

                section 2743.67 and sections 2743.521 and          16           

                2743.711, and to repeal sections 2743.57 and                    

                2743.67 of the Revised Code to transfer from the   18           

                Court of Claims to the Attorney General as of                   

                July 1, 2000, the responsibility to make awards    20           

                of reparations under the Crime Victims                          

                Reparations Law; to expand the benefits available  22           

                under that law to also include reimbursement for   23           

                crime scene cleanup and property destroyed by                   

                evidence collection; to eliminate the filing fee   24           

                for an application requesting an award of          25           

                reparations under that law; to make other changes               

                in that law; and to make an appropriation.         26           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        28           

      Section 1.  That sections 2743.191, 2743.51, 2743.52,        30           

2743.53, 2743.54, 2743.55, 2743.56, 2743.58, 2743.59, 2743.60,     31           

2743.61, 2743.62, 2743.63, 2743.64, 2743.65, 2743.66, 2743.68,     32           

2743.69, 2743.71, 2743.72, and 2907.28 be amended and new section  33           

2743.67 and sections 2743.521 and 2743.711 of the Revised Code be  35           

enacted to read as follows:                                        36           

      Sec. 2743.191.  (A)  There is hereby created in the state    45           

                                                          2      


                                                                 
treasury the reparations fund, which shall be used only for the    46           

payment of awards of reparations that are granted by the court of  47           

claims commissioners ATTORNEY GENERAL, the compensation of the     48           

court of claims commissioners, the compensation of judges          50           

necessary to hear and determine appeals from the commissioners,    51           

the compensation of any personnel needed by the court of claims    52           

ATTORNEY GENERAL AND THE COURT OF CLAIMS to administer sections    54           

2743.51 to 2743.72 of the Revised Code, the compensation of        55           

witnesses as provided in division (B) of section 2743.65 of the    56           

Revised Code, other administrative costs of hearing and            57           

determining claims for an award of reparations by the court of     58           

claims commissioners and ATTORNEY GENERAL, OTHER ADMINISTRATIVE    59           

COSTS of hearing and determining appeals from the BY A COURT OF    62           

CLAIMS PANEL OF commissioners AND by A JUDGE OF the court of       63           

claims, the costs of administering sections 2907.29 AND 2969.01    65           

to 2969.06 of the Revised Code, the costs of investigation and     67           

recommendation DECISION-MAKING as certified by the attorney        69           

general, the provision of state financial assistance to victim     70           

assistance programs in accordance with sections 109.91 and 109.92  71           

of the Revised Code, THE COSTS OF PAYING THE EXPENSES OF SEX       73           

OFFENSE-RELATED EXAMINATIONS AND ANTIBIOTICS PURSUANT TO SECTION   74           

2907.28 OF THE REVISED CODE, the cost of printing and              75           

distributing the pamphlet prepared by the attorney general         76           

pursuant to section 109.42 of the Revised Code, and, subject to    77           

division (D) of section 2743.71 of the Revised Code, the costs     78           

associated with the printing and providing of information cards    79           

or other printed materials to law enforcement agencies and         80           

prosecuting authorities and with publicizing the availability of   81           

awards of reparations pursuant to section 2743.71 of the Revised   82           

Code.  All costs paid pursuant to section 2743.70 of the Revised   83           

Code, the fifty-dollar portions of license reinstatement fees      84           

mandated by division (L)(2)(b) of section 4511.191 of the Revised  85           

Code to be credited to the fund, the portions of the proceeds of   86           

the sale of a forfeited vehicle specified in division (D)(2) of    87           

                                                          3      


                                                                 
section 4503.234 of the Revised Code, payments collected by the    89           

department of rehabilitation and correction from prisoners who     90           

voluntarily participate in an approved work and training program                

pursuant to division (C)(8)(b)(ii) of section 5145.16 of the       92           

Revised Code, and all moneys collected by the state pursuant to    94           

its right of subrogation provided in section 2743.72 of the        95           

Revised Code shall be deposited in the fund.                                    

      (B)  In making an award of reparations, a single             97           

commissioner or a panel of court of claims commissioners THE       98           

ATTORNEY GENERAL shall render the award against the state and the  100          

director of budget and management as its agent for payment of the  101          

award.  The award shall be accomplished only through the           102          

following procedure, which AND THE FOLLOWING PROCEDURE may be      104          

enforced by writ of mandamus directed to the appropriate                        

official:                                                          105          

      (1)  The clerk of the court of claims ATTORNEY GENERAL       107          

shall forward a certified copy of the order granting the award     109          

CERTIFY to the director for payment THE ATTORNEY GENERAL'S         111          

DECISION, A COURT OF CLAIMS PANEL OF COMMISSIONERS' ORDER, OR A    112          

JUDGMENT OF THE COURT OF CLAIMS GRANTING THE AWARD.                113          

      (2)  Upon receipt of the certified copy of the order         115          

granting the award from the clerk CERTIFICATION OF THE DECISION    116          

of the ATTORNEY GENERAL, THE ORDER OF A court of claims PANEL OF   117          

COMMISSIONERS, OR A JUDGMENT OF THE COURT OF CLAIMS pursuant to    119          

division (B)(1) of this section, the director shall provide for    120          

payment of the claimant, an assignee of the claimant, or the                    

claimant and the claimant's assignee OR PROVIDERS in the amount    121          

of the award set forth in the certified copy of the order.         123          

      If the award is to be paid in installments, the director     125          

shall provide for payment of the amount of the award that will     126          

fall due during the current appropriation period.                  127          

      (3)  The expense shall be charged against all available      129          

unencumbered moneys in the fund.                                   130          

      (4)  If the director determines that sufficient              132          

                                                          4      


                                                                 
unencumbered moneys do not exist in the fund, the director shall   134          

make application for payment of the award out of the emergency     135          

purposes account or any other appropriation for emergencies or     136          

contingencies, and payment out of this account or other            137          

appropriation shall be authorized if there are sufficient moneys   138          

greater than the sum total of then pending emergency purposes      139          

account requests or requests for releases from the other           140          

appropriations.                                                    141          

      (5)  If sufficient moneys do not exist in the account or     143          

any other appropriation for emergencies or contingencies to pay    144          

the award, the director shall request the general assembly to      145          

make an appropriation sufficient to pay the award, and no payment  146          

shall be made until the appropriation has been made.  The          147          

director shall make this appropriation request during the current  148          

biennium and during each succeeding biennium until a sufficient    149          

appropriation is made.  If, prior to the time that an              150          

appropriation is made by the general assembly pursuant to this     151          

division, the fund has sufficient unencumbered funds to pay the    152          

award or part of the award, the available funds shall be used to   153          

pay the award or part of the award, and the appropriation request  154          

shall be amended to request only sufficient funds to pay that      155          

part of the award that is unpaid.                                  156          

      (C)  No THE ATTORNEY GENERAL SHALL NOT CERTIFY A DECISION    158          

OR order granting an award shall be forwarded by the clerk of the  160          

court of claims to the director until all appeals have been        161          

determined and all rights to appeal exhausted, except as           162          

otherwise provided in this section.  If any party to a claim for   163          

an award of reparations appeals from only a portion of an award,   164          

and a remaining portion provides for the payment of money by the   165          

state, a certified copy of the DECISION, order, OR JUDGMENT,       166          

together with a copy of the notice of appeal, shall be forwarded   167          

to the director, and that part of the award calling for the        168          

payment of money by the state and not a subject of the appeal      169          

shall be processed for payment as described in this section.       170          

                                                          5      


                                                                 
      (D)  The attorney general shall submit to the clerk of the   172          

court of claims DIRECTOR itemized bills for the costs of printing  173          

and distributing the pamphlet the attorney general prepares        175          

pursuant to section 109.42 of the Revised Code.  The itemized      176          

bills shall set forth the name and address of the persons owed     178          

the amounts set forth in them.  Upon submission of the itemized    179          

bills, the clerk DIRECTOR shall provide for their payment.         181          

      Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of     190          

the Revised Code:                                                  191          

      (A)  "Claimant" means both of the following categories of    193          

persons:                                                           194          

      (1)  Any of the following persons who claim an award of      196          

reparations under sections 2743.51 to 2743.72 of the Revised       197          

Code:                                                              198          

      (a)  A victim who was one of the following at the time of    200          

the criminally injurious conduct:                                  201          

      (i)  A resident of the United States;                        203          

      (ii)  A resident of a foreign country the laws of which      205          

permit residents of this state to recover compensation as victims  206          

of offenses committed in that country.                             207          

      (b)  A dependent of a deceased victim who is described in    209          

division (A)(1)(a) of this section;                                210          

      (c)  A third person, other than a collateral source, who     212          

legally assumes or voluntarily pays the obligations of a victim,   213          

or of a dependent of a victim, who is described in division        214          

(A)(1)(a) of this section, which obligations are incurred as a     215          

result of the criminally injurious conduct that is the subject of  216          

the claim and may include, but are not limited to, medical or      217          

burial expenses;                                                   218          

      (d)  A person who is authorized to act on behalf of any      220          

person who is described in division (A)(1)(a), (b), or (c) of      221          

this section.                                                      222          

      (2)  Any of the following persons who claim an award of      224          

reparations under sections 2743.51 to 2743.72 of the Revised       225          

                                                          6      


                                                                 
Code:                                                              226          

      (a)  A victim who had a permanent place of residence within  228          

this state at the time of the criminally injurious conduct and     229          

who, at the time of the criminally injurious conduct, complied     230          

with any one of the following:                                     231          

      (i)  Had a permanent place of employment in this state;      233          

      (ii)  Was a member of the regular armed forces of the        235          

United States or of the United States coast guard or was a         236          

full-time member of the Ohio organized militia or of the United    237          

States army reserve, naval reserve, or air force reserve;          238          

      (iii)  Was retired and receiving social security or any      240          

other retirement income;                                           241          

      (iv)  Was sixty years of age or older;                       243          

      (v)  Was temporarily in another state for the purpose of     245          

receiving medical treatment;                                       246          

      (vi)  Was temporarily in another state for the purpose of    248          

performing employment-related duties required by an employer       249          

located within this state as an express condition of employment    250          

or employee benefits;                                              251          

      (vii)  Was temporarily in another state for the purpose of   253          

receiving occupational, vocational, or other job-related training  254          

or instruction required by an employer located within this state   255          

as an express condition of employment or employee benefits;        256          

      (viii)  Was a full-time student at an academic institution,  258          

college, or university located in another state;                   259          

      (ix)  Had not departed the geographical boundaries of this   261          

state for a period exceeding thirty days or with the intention of  262          

becoming a citizen of another state or establishing a permanent    263          

place of residence in another state.                               264          

      (b)  A dependent of a deceased victim who is described in    266          

division (A)(2)(a) of this section;                                267          

      (c)  A third person, other than a collateral source, who     269          

legally assumes or voluntarily pays the obligations of a victim,   270          

or of a dependent of a victim, who is described in division        271          

                                                          7      


                                                                 
(A)(2)(a) of this section, which obligations are incurred as a     272          

result of the criminally injurious conduct that is the subject of  273          

the claim and may include, but are not limited to, medical or      274          

burial expenses;                                                   275          

      (d)  A person who is authorized to act on behalf of any      277          

person who is described in division (A)(2)(a), (b), or (c) of      278          

this section.                                                      279          

      (B)  "Collateral source" means a source of benefits or       281          

advantages for economic loss otherwise reparable that the victim   282          

or claimant has received, or that is readily available to the      283          

victim or claimant, from any of the following sources:             284          

      (1)  The offender;                                           286          

      (2)  The government of the United States or any of its       288          

agencies, a state or any of its political subdivisions, or an      289          

instrumentality of two or more states, unless the law providing    290          

for the benefits or advantages makes them excess or secondary to   291          

benefits under sections 2743.51 to 2743.72 of the Revised Code;    292          

      (3)  Social security, medicare, and medicaid;                294          

      (4)  State-required, temporary, nonoccupational disability   296          

insurance;                                                         297          

      (5)  Workers' compensation;                                  299          

      (6)  Wage continuation programs of any employer;             301          

      (7)  Proceeds of a contract of insurance payable to the      303          

victim for loss that the victim sustained because of the           304          

criminally injurious conduct;                                      306          

      (8)  A contract providing prepaid hospital and other health  308          

care services, or benefits for disability;                         309          

      (9)  That portion of the proceeds of all contracts of        311          

insurance payable to the claimant on account of the death of the   312          

victim that exceeds fifty thousand dollars;                        313          

      (10)  Any compensation recovered or recoverable under the    315          

laws of another state, district, territory, or foreign country     316          

because the victim was the victim of an offense committed in that  317          

state, district, territory, or country.                            318          

                                                          8      


                                                                 
      "Collateral source" does not include any money, or the       320          

monetary value of any property, that is subject to sections        321          

2969.01 to 2969.06 of the Revised Code.                            322          

      (C)  "Criminally injurious conduct" means one of the         324          

following:                                                         325          

      (1)  For the purposes of any person described in division    327          

(A)(1) of this section, any conduct that occurs or is attempted    328          

in this state; poses a substantial threat of personal injury or    329          

death; and is punishable by fine, imprisonment, or death, or       330          

would be so punishable but for the fact that the person engaging   331          

in the conduct lacked capacity to commit the crime under the laws  332          

of this state.  Criminally injurious conduct does not include      333          

conduct arising out of the ownership, maintenance, or use of a     334          

motor vehicle, except when any of the following applies:           335          

      (a)  The person engaging in the conduct intended to cause    337          

personal injury or death;                                          338          

      (b)  The person engaging in the conduct was using the        340          

vehicle to flee immediately after committing a felony or an act    341          

that would constitute a felony but for the fact that the person    342          

engaging in the conduct lacked the capacity to commit the felony   343          

under the laws of this state;                                      344          

      (c)  The person engaging in the conduct was using the        346          

vehicle in a manner that constitutes an OMVI violation;            347          

      (d)  The conduct occurred on or after July 25, 1990, and     349          

the person engaging in the conduct was using the vehicle in a      350          

manner that constitutes a violation of section 2903.08 of the      351          

Revised Code.                                                      352          

      (2)  For the purposes of any person described in division    354          

(A)(2) of this section, any conduct that occurs or is attempted    355          

in another state, district, territory, or foreign country; poses   356          

a substantial threat of personal injury or death; and is           357          

punishable by fine, imprisonment, or death, or would be so         358          

punishable but for the fact that the person engaging in the        359          

conduct lacked capacity to commit the crime under the laws of the  360          

                                                          9      


                                                                 
state, district, territory, or foreign country in which the        361          

conduct occurred or was attempted.  Criminally injurious conduct   362          

does not include conduct arising out of the ownership,             363          

maintenance, or use of a motor vehicle, except when any of the     364          

following applies:                                                 365          

      (a)  The person engaging in the conduct intended to cause    367          

personal injury or death;                                          368          

      (b)  The person engaging in the conduct was using the        370          

vehicle to flee immediately after committing a felony or an act    371          

that would constitute a felony but for the fact that the person    372          

engaging in the conduct lacked the capacity to commit the felony   373          

under the laws of the state, district, territory, or foreign       374          

country in which the conduct occurred or was attempted;            375          

      (c)  The person engaging in the conduct was using the        377          

vehicle in a manner that constitutes an OMVI violation;            378          

      (d)  The conduct occurred on or after July 25, 1990, the     380          

person engaging in the conduct was using the vehicle in a manner   381          

that constitutes a violation of any law of the state, district,    382          

territory, or foreign country in which the conduct occurred, and   383          

that law is substantially similar to a violation of section        384          

2903.08 of the Revised Code.                                       385          

      (3)  For the purposes of any person described in division    387          

(A)(1) or (2) of this section, terrorism that occurs within or     388          

outside the territorial jurisdiction of the United States.         389          

      (D)  "Dependent" means an individual wholly or partially     391          

dependent upon the victim for care and support, and includes a     392          

child of the victim born after the victim's death.                 393          

      (E)  "Economic loss" means economic detriment consisting     395          

only of allowable expense, work loss, funeral expense,             396          

unemployment benefits loss, and replacement services loss, COST    398          

OF CRIME SCENE CLEANUP, AND COST OF EVIDENCE REPLACEMENT.  If                   

criminally injurious conduct causes death, economic loss includes  399          

a dependent's economic loss and a dependent's replacement          400          

services loss.  Noneconomic detriment is not economic loss;        401          

                                                          10     


                                                                 
however, economic loss may be caused by pain and suffering or      402          

physical impairment.                                               403          

      (F)(1)  "Allowable expense" means reasonable charges         405          

incurred for reasonably needed products, services, and             406          

accommodations, including those for medical care, rehabilitation,  407          

rehabilitative occupational training, and other remedial           408          

treatment and care and including replacement costs for eyeglasses  409          

and other corrective lenses.  It does not include that portion of  410          

a charge for a room in a hospital, clinic, convalescent home,      411          

nursing home, or any other institution engaged in providing        412          

nursing care and related services in excess of a reasonable and    413          

customary charge for semiprivate accommodations, unless            414          

accommodations other than semiprivate accommodations are           415          

medically required.                                                             

      (2)  AN IMMEDIATE FAMILY MEMBER OF A VICTIM OF CRIMINALLY    418          

INJURIOUS CONDUCT THAT CONSISTS OF A HOMICIDE, A SEXUAL ASSAULT,                

DOMESTIC VIOLENCE, OR A SEVERE AND PERMANENT INCAPACITATING        419          

INJURY RESULTING IN PARAPLEGIA OR A SIMILAR LIFE-ALTERING          421          

CONDITION, WHO REQUIRES PSYCHIATRIC CARE OR COUNSELING AS A        422          

RESULT OF THE CRIMINALLY INJURIOUS CONDUCT, MAY BE REIMBURSED FOR  423          

THAT CARE OR COUNSELING AS AN ALLOWABLE EXPENSE THROUGH THE                     

VICTIM'S APPLICATION.  THE CUMULATIVE ALLOWABLE EXPENSE FOR CARE   424          

OR COUNSELING OF THAT NATURE FOR EACH FAMILY MEMBER OF A VICTIM    425          

OF THAT TYPE SHALL NOT EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS.   426          

      (G)  "Work loss" means loss of income from work that the     429          

injured person would have performed if the person had not been     431          

injured and expenses reasonably incurred by the person to obtain   432          

services in lieu of those the person would have performed for      434          

income, reduced by any income from substitute work actually        436          

performed by the person, or by income the person would have        438          

earned in available appropriate substitute work that the person    440          

was capable of performing but unreasonably failed to undertake.    442          

      (H)  "Replacement services loss" means expenses reasonably   444          

incurred in obtaining ordinary and necessary services in lieu of   445          

                                                          11     


                                                                 
those the injured person would have performed, not for income,     446          

but for the benefit of the person's self or family, if the person  448          

had not been injured.                                              449          

      (I)  "Dependent's economic loss" means loss after a          451          

victim's death of contributions of things of economic value to     452          

the victim's dependents, not including services they would have    454          

received from the victim if the victim had not suffered the fatal  455          

injury, less expenses of the dependents avoided by reason of the   456          

victim's death.  If a minor child of a victim is adopted after     457          

the victim's death, the minor child continues after the adoption   458          

to incur a dependent's economic loss as a result of the victim's   459          

death.  If the surviving spouse of a victim remarries, the         460          

surviving spouse continues after the remarriage to incur a                      

dependent's economic loss as a result of the victim's death.       461          

      (J)  "Dependent's replacement services loss" means loss      463          

reasonably incurred by dependents after a victim's death in        464          

obtaining ordinary and necessary services in lieu of those the     465          

victim would have performed for their benefit if the victim had    467          

not suffered the fatal injury, less expenses of the dependents                  

avoided by reason of the victim's death and not subtracted in      468          

calculating the dependent's economic loss.  If a minor child of a  469          

victim is adopted after the victim's death, the minor child        470          

continues after the adoption to incur a dependent's replacement    471          

services loss as a result of the victim's death.  If the           472          

surviving spouse of a victim remarries, the surviving spouse                    

continues after the remarriage to incur a dependent's replacement  473          

services loss as a result of the victim's death.                   474          

      (K)  "Noneconomic detriment" means pain, suffering,          476          

inconvenience, physical impairment, or other nonpecuniary damage.  477          

      (L)  "Victim" means a person who suffers personal injury or  479          

death as a result of any of the following:                         480          

      (1)  Criminally injurious conduct;                           482          

      (2)  The good faith effort of any person to prevent          484          

criminally injurious conduct;                                      485          

                                                          12     


                                                                 
      (3)  The good faith effort of any person to apprehend a      487          

person suspected of engaging in criminally injurious conduct.      488          

      (M)  "Contributory misconduct" means any conduct of the      490          

claimant or of the victim through whom the claimant claims an      491          

award of reparations that is unlawful or intentionally tortious    492          

and that, without regard to the conduct's proximity in time or     493          

space to the criminally injurious conduct, has a causal            494          

relationship to the criminally injurious conduct that is the       495          

basis of the claim.                                                496          

      (N)  "Funeral expense" means any reasonable charges that     498          

are not in excess of five thousand dollars per funeral and that    500          

are incurred for expenses directly related to a victim's funeral,  502          

cremation, or burial.                                                           

      (O)  "Unemployment benefits loss" means a loss of            504          

unemployment benefits pursuant to Chapter 4141. of the Revised     505          

Code when the loss arises solely from the inability of a victim    506          

to meet the able to work, available for suitable work, or the      507          

actively seeking suitable work requirements of division (A)(4)(a)  508          

of section 4141.29 of the Revised Code.                            509          

      (P)  "OMVI violation" means any of the following:            511          

      (1)  A violation of section 4511.19 of the Revised Code, of  513          

any municipal ordinance prohibiting the operation of a vehicle     514          

while under the influence of alcohol, a drug of abuse, or alcohol  515          

and a drug of abuse, or of any municipal ordinance prohibiting     516          

the operation of a vehicle with a prohibited concentration of      517          

alcohol in the blood, breath, or urine;                            518          

      (2)  A violation of section 2903.06 of the Revised Code, if  520          

the offender was under the influence of alcohol, a drug of abuse,  521          

or alcohol and a drug of abuse, at the time of the commission of   522          

the offense;                                                       523          

      (3)  A violation of section 2903.07 of the Revised Code or   525          

of a municipal ordinance substantially similar to that section,    526          

if the offender was under the influence of alcohol, a drug of      527          

abuse, or alcohol and a drug of abuse, at the time of the          528          

                                                          13     


                                                                 
commission of the offense;                                         529          

      (4)  For purposes of any person described in division        531          

(A)(2) of this section, a violation of any law of the state,       532          

district, territory, or foreign country in which the criminally    533          

injurious conduct occurred, if that law is substantially similar   534          

to a violation described in division (P)(1) of this section or if  535          

that law is substantially similar to a violation described in      536          

division (P)(2) or (3) of this section and the offender was under  537          

the influence of alcohol, a drug of abuse, or alcohol and a drug   538          

of abuse, at the time of the commission of the offense.            539          

      (Q)  "Pendency of the claim" for an original reparations     541          

application or supplemental reparations application means the      542          

period of time from the date the criminally injurious conduct      543          

upon which the application is based occurred until the date a      544          

final order from the court of claims concerning that original      545          

reparations application or supplemental reparations application    546          

is issued.                                                                      

      (R)  "Terrorism" means any activity to which all of the      549          

following apply:                                                                

      (1)  The activity involves a violent act or an act that is   551          

dangerous to human life.                                           552          

      (2)  The act described in division (R)(1) of this section    555          

is committed within the territorial jurisdiction of the United     557          

States and is a violation of the criminal laws of the United       559          

States, this state, or any other state or the act described in     561          

division (R)(1) of this section is committed outside the           563          

territorial jurisdiction of the United States and would be a       565          

violation of the criminal laws of the United States, this state,   568          

or any other state if committed within the territorial             569          

jurisdiction of the United States.                                 571          

      (3)  The activity appears to be intended to do any of the    573          

following:                                                         574          

      (a)  Intimidate or coerce a civilian population;             577          

      (b)  Influence the policy of any government by intimidation  580          

                                                          14     


                                                                 
or coercion;                                                                    

      (c)  Affect the conduct of any government by assassination   583          

or kidnapping.                                                                  

      (4)  The activity occurs primarily outside the territorial   585          

jurisdiction of the United States or transcends the national       588          

boundaries of the United States in terms of the means by which     590          

the activity is accomplished, the person or persons that the       591          

activity appears intended to intimidate or coerce, or the area or  592          

locale in which the perpetrator or perpetrators of the activity    593          

operate or seek asylum.                                                         

      (S)  "Transcends the national boundaries of the United       596          

States" means occurring outside the territorial jurisdiction of    597          

the United States in addition to occurring within the territorial  599          

jurisdiction of the United States.                                 600          

      (T)  "COST OF CRIME SCENE CLEANUP" MEANS REASONABLE AND      602          

NECESSARY COSTS OF CLEANING THE SCENE WHERE THE CRIMINALLY         603          

INJURIOUS CONDUCT OCCURRED, NOT TO EXCEED SEVEN HUNDRED FIFTY      604          

DOLLARS IN THE AGGREGATE PER CLAIM.                                             

      (U)  "COST OF EVIDENCE REPLACEMENT" MEANS COSTS FOR          606          

REPLACEMENT OF PROPERTY CONFISCATED FOR EVIDENTIARY PURPOSES       607          

RELATED TO THE CRIMINALLY INJURIOUS CONDUCT, NOT TO EXCEED SEVEN   608          

HUNDRED FIFTY DOLLARS IN THE AGGREGATE PER CLAIM.                  609          

      (V)  "PROVIDER" MEANS ANY PERSON WHO PROVIDES A CLAIMANT     611          

WITH A PRODUCT, SERVICE, OR ACCOMMODATIONS THAT ARE AN ALLOWABLE   612          

EXPENSE.                                                                        

      (W)  "IMMEDIATE FAMILY MEMBER" MEANS AN INDIVIDUAL WHO IS    614          

RELATED TO A VICTIM WITHIN THE FIRST DEGREE BY AFFINITY OR         615          

CONSANGUINITY.                                                                  

      Sec. 2743.52.  (A)  The court of claims commissioners that   624          

are appointed pursuant to section 2743.54 of the Revised Code      625          

have jurisdiction to ATTORNEY GENERAL SHALL make awards of         627          

reparations for economic loss arising from criminally injurious                 

conduct, if satisfied by a preponderance of the evidence that the  628          

requirements for an award of reparations have been met.            629          

                                                          15     


                                                                 
      (B)  A COURT OF CLAIMS PANEL OF COMMISSIONERS OR A COURT OF  631          

CLAIMS JUDGE HAS APPELLATE JURISDICTION TO ORDER AWARDS OF         632          

REPARATIONS FOR ECONOMIC LOSS ARISING FROM CRIMINALLY INJURIOUS    634          

CONDUCT, IF SATISFIED BY A PREPONDERANCE OF THE EVIDENCE THAT THE  635          

REQUIREMENTS FOR AN AWARD OF REPARATIONS HAVE BEEN MET.            636          

      (C)  A decision of THE ATTORNEY GENERAL, AN ORDER OF a       638          

court of claims commissioner or a panel of court of claims         639          

commissioners, OR THE JUDGMENT OF A COURT OF CLAIMS JUDGE          640          

concerning an OMVI violation shall not be used as the basis for    642          

any civil or criminal action, and shall not be admissible as       643          

evidence in any civil or criminal proceeding.                      644          

      Sec. 2743.521.  (A)  FOR MEDICAL CARE-RELATED ALLOWABLE      646          

EXPENSES, THE ATTORNEY GENERAL MAY DO ALL OF THE FOLLOWING:        647          

      (1)  ESTABLISH STANDARD MEDICAL FEES AND APPROVED MEDICAL    649          

PROCEDURES FOR WHICH AN AWARD OF REPARATIONS MAY BE MADE;          650          

      (2)  DETERMINE THE ELIGIBILITY AND REASONABLENESS OF CLAIMS  652          

FOR MEDICAL, PSYCHOLOGICAL, DENTAL, CHIROPRACTIC, HOSPITAL,        653          

PHYSICAL THERAPIST, AND NURSING SERVICES;                          654          

      (3)  RECOGNIZE USUAL, CUSTOMARY, AND REASONABLE METHODS OF   656          

PAYMENT FOR COVERED SERVICE;                                       657          

      (4)  AUDIT FEE BILL PAYMENTS AND ADJUST FEE BILL             659          

REIMBURSEMENT TO BE CONSISTENT WITH MEDICAL COST CONTAINMENT AND   660          

REIMBURSEMENT GUIDELINES PROMULGATED BY THE ADMINISTRATOR OF THE   662          

BUREAU OF WORKERS' COMPENSATION PURSUANT TO DIVISION (B)(16) OF    663          

SECTION 4121.121 OF THE REVISED CODE.                              664          

      (B)  A MEDICAL PROVIDER THAT ACCEPTS PAYMENT FOR MEDICAL     666          

CARE-RELATED ALLOWABLE EXPENSES AS PART OF AN AWARD OF             667          

REPARATIONS SHALL BE CONSIDERED PAID IN FULL FOR THOSE ALLOWABLE   668          

EXPENSES AND SHALL NOT SEEK REIMBURSEMENT FOR ANY PART OF THOSE    669          

ALLOWABLE EXPENSES FROM THE CLAIMANT WHO WAS GRANTED THE AWARD.    670          

      Sec. 2743.53.  The (A)  A court of claims:                   679          

      (A)  Shall PANEL OF COMMISSIONERS SHALL hear and determine   681          

all matters relating to appeals from decisions of the court of     683          

claims commissioners;                                                           

                                                          16     


                                                                 
      (B)  May order law enforcement officers as defined in        685          

section 2901.01 of the Revised Code to provide it with copies of   686          

any information or data gathered in the investigation of the       687          

criminally injurious conduct that is the basis of any claim to     688          

enable it to determine whether, and the extent to which, a         689          

claimant qualifies for an award of reparations ATTORNEY GENERAL    690          

PURSUANT TO SECTIONS 2743.51 TO 2743.72 OF THE REVISED CODE.                    

      (B)  A COURT OF CLAIMS JUDGE SHALL HEAR AND DETERMINE ALL    692          

MATTERS RELATING TO APPEALS FROM DECISIONS OR ORDERS OF A PANEL    693          

OF COMMISSIONERS OF THE COURT OF CLAIMS.                           694          

      Sec. 2743.54.  (A)  The supreme court shall appoint at       703          

least three court of claims commissioners to hear claims for an    704          

award of reparations and to make awards of reparations AND         705          

DETERMINE ALL MATTERS RELATING TO APPEALS FROM DECISIONS OF THE    706          

ATTORNEY GENERAL pursuant to sections 2743.51 to 2743.72 of the    707          

Revised Code.  Each commissioner shall be an attorney who has      708          

been licensed to practice law in this state for at least three     709          

years prior to appointment and shall serve at the pleasure of the  710          

supreme court and under the administrative supervision of the      711          

clerk of the court of claims.                                                   

      (B)  The supreme court shall fix the compensation of the     713          

court of claims commissioners, which AND THE COMPENSATION shall    714          

be paid out of the reparations fund.                               715          

      Sec. 2743.55.  (A)  A single commissioner or THE ATTORNEY    725          

GENERAL, a panel of court of claims PANEL OF commissioners, OR A   726          

JUDGE OF THE COURT OF CLAIMS shall hear and determine all matters  729          

relating to claims for an award of reparations.  A claim for an    730          

award of reparations shall not be heard and determined until the   731          

expiration of the time allowed for the claimant to respond to the  732          

attorney general's finding of fact and recommendation for the      733          

claim.  A single commissioner or THE ATTORNEY GENERAL, a COURT OF  734          

CLAIMS panel of commissioners, OR A JUDGE OF THE COURT OF CLAIMS   735          

may order law enforcement officers to provide them with copies of  737          

any information or data gathered in the investigation of the       738          

                                                          17     


                                                                 
criminally injurious conduct that is the basis of any claim to     739          

enable the ATTORNEY GENERAL, A COURT OF CLAIMS PANEL OF            740          

commissioners, OR A JUDGE OF THE COURT OF CLAIMS to determine      741          

whether, and the extent to which, a claimant qualifies for an                   

award of reparations.                                              742          

      Any reference in sections 2743.51 to 2743.72 of the Revised  744          

Code to action by more than a single commissioner means action by  745          

a panel of commissioners.  A panel shall consist of three          746          

commissioners who may only proceed upon a majority vote.           747          

      (B)  The A court of claims PANEL OF commissioners shall sit  750          

in Franklin county.  A single commissioner or any panel of         751          

commissioners, pursuant to rules adopted by the chief justice of   752          

the supreme court, may sit and hear claims for an award of         753          

reparations at any other location in the state.                    754          

      (C)  Each claim for an award of reparations shall be heard   756          

by a single commissioner.  The commissioner may determine the      757          

claim and make an award administratively without a hearing.  If a  758          

claimant or the attorney general objects to the determination or   759          

award made by a single commissioner and files an objection with    760          

the clerk within thirty days after journalization of the order of  761          

the commissioner, the claim shall be heard by a panel of three     762          

commissioners who shall make an award or deny the claim upon a     763          

majority vote.                                                     764          

      (D)  The supreme court may promulgate rules to implement     766          

sections 2743.51 to 2743.72 of the Revised Code, which may         767          

include rules for the allowance of attorney's fees, the procedure  768          

for hearing claims by a single commissioner or by a panel of       769          

court of claims commissioners, and the procedure for hearing       770          

appeals from decisions of the court of claims commissioners.       771          

      Sec. 2743.56.  (A)  A claim for an award of reparations      780          

shall be commenced by filing an application for an award of        781          

reparations with the clerk of the court of claims or in the court  783          

of common pleas pursuant to division (B) of this section.          784          

      (B)  A claimant who files for an award of reparations in a   786          

                                                          18     


                                                                 
court of common pleas shall file in the court of common pleas of   787          

the county of the claimant's residence or, if the claimant is not  789          

a resident of this state, in the court of common pleas of the      790          

county in which the criminally injurious conduct that is the       791          

basis of the application took place.  Each application shall be    792          

accompanied by a filing fee of seven dollars and fifty cents       793          

unless waived pursuant to division (B) of section 2743.57 of the   794          

Revised Code ATTORNEY GENERAL.  THE APPLICATION MAY BE FILED BY    796          

MAIL.  IF THE APPLICATION IS FILED BY MAIL, THE POST-MARKED DATE   797          

OF THE APPLICATION SHALL BE CONSIDERED THE FILING DATE OF THE      798          

APPLICATION.  The application shall be in a form prescribed by     799          

the clerk of the court of claims, ATTORNEY GENERAL and shall       800          

contain the following information:                                 801          

      (1)  The name and address of the victim of the criminally    803          

injurious conduct, the name and address of the claimant, and the   804          

relationship of the claimant to the victim;                        805          

      (2)  The nature of the criminally injurious conduct that is  807          

the basis for the claim and the date on which the conduct          808          

occurred;                                                          809          

      (3)  The law enforcement agency or officer to whom the       811          

criminally injurious conduct was reported and the date on which    812          

it was reported;                                                   813          

      (4)  The nature and extent of the injuries that the victim   815          

sustained from the criminally injurious conduct;                   816          

      (5)  The type of economic loss that the victim, a            818          

dependent, or the claimant sustained as a result of the            820          

criminally injurious conduct;                                      821          

      (6)  A INCLUDE A release authorizing the ATTORNEY GENERAL    823          

AND THE court of claims, the court of claims commissioners, and    824          

the staff of the attorney general to obtain any report, document,  826          

or information that relates to the determination of the claim for  827          

an award of reparations that is requested in the application;      828          

      (7)  Any information that the clerk of the court of claims   830          

requires and that is reasonably related to an application for an   831          

                                                          19     


                                                                 
award of reparations.  The clerk of the court of claims may        832          

require the claimant to submit with the application materials to   833          

substantiate the facts that are stated in the application.         834          

      (C)(B)  All applications for an award of reparations shall   836          

be filed as follows:                                               837          

      (1)  If the victim of the criminally injurious conduct was   839          

a minor, WITHIN TWO YEARS OF THE VICTIM'S EIGHTEENTH BIRTHDAY OR   840          

within two years from the date a complaint, indictment, or         842          

information is filed against the alleged offender, WHICHEVER IS                 

LATER.  This division does not require that a complaint,           844          

indictment, or information be filed against an alleged offender    845          

in order for an application for an award of reparations to be      846          

filed pertaining to a victim who was a minor IF THE APPLICATION    847          

IS FILED WITHIN TWO YEARS OF THE VICTIM'S EIGHTEENTH BIRTHDAY,     848          

and does not affect the provisions of section 2743.64 of the       849          

Revised Code.  This division applies to all applications for an    850          

award of reparations filed on or after March 11, 1987, and to any  851          

application for an award of reparations filed before March 11,     852          

1987, for which an award or denial of the claim is not final       853          

within the meaning of division (B) of section 2743.61 of the       854          

Revised Code.                                                                   

      (2)  If the victim of the criminally injurious conduct was   856          

an adult, within two years after the occurrence of the criminally  857          

injurious conduct.                                                 858          

      Sec. 2743.58.  (A)  The clerk of the court of claims shall   867          

send a copy of the application to the attorney general.  Upon      868          

receipt of the copy of the application, the attorney general       869          

shall contact the prosecuting attorney of the county in which the  870          

criminally injurious conduct occurred and the law enforcement      871          

agency that actively investigated the criminally injurious         872          

conduct, and request that they provide information on the          873          

criminally injurious conduct and related matters.  The             874          

prosecuting attorney and any officer or employee of the office of  875          

the prosecuting attorney or of the law enforcement agency shall    876          

                                                          20     


                                                                 
be immune from any civil liability that might otherwise be         877          

incurred as the result of providing information on the criminally  878          

injurious conduct and related matters to the attorney general.     879          

      (B)  The clerk, upon receipt of the attorney general's       881          

finding of fact and recommendation for a claim for an award of     882          

reparations, shall forward a copy of the finding and               883          

recommendation to the claimant and shall give the claimant an      884          

opportunity to respond in writing.  After the expiration of the    885          

time allowed for the claimant's response, the clerk shall assign   886          

the claim to a court of claims commissioner.                       887          

      Sec. 2743.59.  (A)  The attorney general, upon receipt of    896          

an application for an award of reparations from the clerk of the   897          

court of claims, shall fully investigate the A claim FOR AN AWARD  899          

OF REPARATIONS, regardless of whether any person is prosecuted     900          

for or convicted of committing the criminally injurious conduct    902          

alleged in the application.  After completing the investigation,   903          

the attorney general shall make a written finding of fact and      904          

recommendation DECISION concerning an award of reparations.  The   906          

attorney general shall file the finding of fact and                907          

recommendation and all information or documents that the attorney  908          

general used in the investigation with the clerk of the court of   910          

claims.                                                                         

      (B)(1)  The attorney general may require the claimant to     912          

supplement the application for an award of reparations with any    913          

further information or documentary materials, including any        914          

medical report readily available, that may lead to any relevant    916          

facts in the determination of whether, and the extent to which, a  917          

claimant qualifies for an award of reparations.  The attorney      918          

general may depose any witness, including the claimant, pursuant   919          

to Civil Rules 28, 30, and 45.                                     920          

      (2)(a)  For the purpose of determining whether, and the      922          

extent to which, a claimant qualifies for an award of              923          

reparations, the attorney general may issue subpoenas and          924          

subpoenas duces tecum to compel any person or entity, including    925          

                                                          21     


                                                                 
any collateral source, that provided, will provide, or would have  926          

provided to the victim any income, benefit, advantage, product,    927          

service, or accommodation, including any medical care or other     928          

income, benefit, advantage, product, service, or accommodation     929          

that might qualify as an allowable expense or a funeral expense,   930          

to produce materials to the attorney general that are relevant to  931          

the income, benefit, advantage, product, service, or               933          

accommodation that was, will be, or would have been so provided                 

and to the attorney general's determination.                       934          

      (b)  If the attorney general issues a subpoena or subpoena   936          

duces tecum under division (B)(2)(a) of this section and if the    938          

materials that the attorney general requires to be produced are                 

located outside this state, the attorney general may designate     939          

one or more representatives, including officials of the state in   940          

which the materials are located, to inspect the materials on the   941          

attorney general's behalf, and the attorney general may respond    942          

to similar requests from officials of other states.  The person    943          

or entity subpoenaed may make the materials available to the       944          

attorney general at a convenient location within the state.        945          

      (c)  At any time before the return day specified in the      947          

subpoena or subpoena duces tecum issued under division (B)(2)(a)   948          

of this section or within twenty days after the subpoena or        949          

subpoena duces tecum has been served, whichever period is          950          

shorter, the person or entity subpoenaed may file in the WITH A    952          

court of claims JUDGE a petition to extend the return day or to    953          

modify or quash the subpoena or subpoena duces tecum.  The         954          

petition shall state good cause.                                   955          

      (d)  A person or entity who is subpoenaed under division     957          

(B)(2)(a) of this section shall comply with the terms of the       959          

subpoena or subpoena duces tecum unless otherwise provided by an                

order of the A court of claims JUDGE entered prior to the day for  961          

return contained in the subpoena or as extended by the court.  If  962          

a person or entity fails without lawful excuse to obey a subpoena  963          

or subpoena duces tecum issued under division (B)(2)(a) of this    964          

                                                          22     


                                                                 
section or to produce relevant materials, the attorney general     965          

may apply to the A court of claims JUDGE for and obtain an order   967          

adjudging the person or entity in contempt of court.                            

      (C)  The finding of fact AND DECISION that is issued by the  969          

attorney general pursuant to division (A) of this section shall    970          

contain all of the following:                                      971          

      (1)  Whether the criminally injurious conduct that is the    973          

basis for the application did occur, the date on which the         974          

conduct occurred, and the exact nature of the conduct;             975          

      (2)  Whether the criminally injurious conduct was reported   977          

to a law enforcement officer or agency, the date on which the      978          

conduct was reported, the name of the person who reported the      979          

conduct, and the reasons why the conduct was not reported to a     980          

law enforcement officer or agency or was not reported to a law     981          

enforcement officer or agency within seventy-two hours after the   982          

conduct occurred;                                                  983          

      (3)  The exact nature of the injuries that the victim        985          

sustained as a result of the criminally injurious conduct;         986          

      (4)  A specific list of the economic loss that was           988          

sustained as a result of the criminally injurious conduct by the   989          

victim, the claimant, or a dependent;                              990          

      (5)  A specific list of any benefits or advantages that the  992          

victim, the claimant, or a dependent has received or is entitled   993          

to receive from any collateral source for economic loss that       994          

resulted from the conduct and whether a collateral source would    995          

have reimbursed the claimant for a particular expense if a timely  996          

claim had been made, and the extent to which the expenses likely   998          

would have been reimbursed by the collateral source;                            

      (6)  A description of any evidence in support of             1,000        

contributory misconduct by the claimant or by the victim through   1,001        

whom the claimant claims an award of reparations, whether the      1,002        

victim has been convicted of a felony or has a record of felony    1,003        

arrests under the laws of this state, another state, or the        1,004        

United States ENGAGED IN DISQUALIFYING FELONIOUS BEHAVIOR UNDER    1,005        

                                                          23     


                                                                 
DIVISION (E) OF SECTION 2743.60 OF THE REVISED CODE, and whether   1,006        

there is evidence that the victim engaged in an ongoing course of  1,008        

criminal conduct within five years or less of the criminally       1,009        

injurious conduct that is the subject of the claim;                1,010        

      (7)  Whether an assignment has been filed pursuant to        1,012        

division (E) of section 2743.66 of the Revised Code;               1,013        

      (8)  Whether the victim of the criminally injurious conduct  1,015        

was a minor;                                                       1,016        

      (9)(8)  If the victim of the criminally injurious conduct    1,018        

was a minor, whether a complaint, indictment, or information was   1,019        

filed against the alleged offender and, if such a filing           1,020        

occurred, its date;                                                1,021        

      (10)(9)  Any information that is relevant to the claim for   1,023        

an award of reparations.                                           1,024        

      (D)  The recommendation DECISION that is issued by the       1,026        

attorney general pursuant to division (A) of this section shall    1,027        

contain all of the following:                                      1,028        

      (1)  A statement as to whether A CLAIMANT IS ELIGIBLE FOR    1,030        

an award of reparations should be made, whether payments made      1,032        

pursuant to the award should ARE TO be made to the claimant, to    1,033        

an assignee A PROVIDER, or jointly to the claimant and an          1,035        

assignee A PROVIDER, and what the amount of the payments to the    1,037        

claimant, the assignee, and to the claimant and assignee should    1,038        

be OR PROVIDER;                                                                 

      (2)  A statement as to whether any of the payments made      1,040        

pursuant to the award should be paid in a lump sum or in           1,041        

installments;                                                      1,042        

      (3)  If the attorney general recommends DECIDES that an      1,044        

award not be made to the claimant, the reasons for that decision.  1,046        

      (E)  The attorney general shall make the attorney general's  1,048        

recommendation A WRITTEN FINDING OF FACT AND DECISION in           1,049        

accordance with sections 2743.51 to 2743.72 of the Revised Code    1,050        

and within one hundred twenty days after receiving the claim       1,053        

application from the clerk of the court of claims.  The attorney   1,054        

                                                          24     


                                                                 
general may file a motion for an extension of EXTEND the           1,055        

one-hundred-twenty-day time limit and shall state RECORD IN        1,056        

WRITING specific reasons to justify the extension.  The attorney   1,057        

general shall file the motion for an extension with the clerk of   1,058        

the court of claims, shall serve a copy of the motion upon the     1,059        

claimant pursuant to Civil Rule 5, and shall notify the claimant   1,060        

that the claimant may file a written objection to the extension    1,062        

with the clerk of the court of claims.  A court of claims          1,063        

commissioner, upon a showing of good cause, may grant the          1,064        

extension.  If an extension is granted, the order granting the     1,065        

extension shall state the specific reasons for granting the        1,066        

extension, and the clerk shall send a copy of the order to the     1,067        

claimant.                                                                       

      (F)  Within twenty-one days after the attorney general       1,069        

files the attorney general's finding and recommendation            1,070        

concerning an award of reparations with the court of claims, any   1,072        

person may file with the clerk of the court of claims any          1,073        

information that is relevant to the granting or denial of the      1,074        

award that the person reasonably believes was not before or        1,076        

considered by the attorney general in making the attorney          1,077        

general's finding and recommendation.  If a court of claims        1,078        

commissioner considers the information relevant, a copy of the     1,079        

information filed shall be served upon the claimant and the        1,080        

attorney general.  The claimant and the attorney general may       1,081        

respond in writing to the information at any time within ten days  1,082        

after receiving a copy of the information OF THE EXTENSION AND OF  1,083        

THE REASONS FOR THE EXTENSION.  THE ATTORNEY GENERAL SHALL SERVE   1,084        

A COPY OF ITS WRITTEN FINDING OF FACT AND DECISION UPON THE        1,085        

CLAIMANT.                                                                       

      Sec. 2743.60.  (A)  Neither a single commissioner nor THE    1,094        

ATTORNEY GENERAL, a panel of court of claims PANEL OF              1,096        

commissioners, OR A JUDGE OF THE COURT OF CLAIMS shall NOT make    1,097        

OR ORDER an award of reparations to any claimant who, if the       1,099        

victim of the criminally injurious conduct was an adult, did not   1,100        

                                                          25     


                                                                 
file an application for an award of reparations within two years   1,101        

after the date of the occurrence of the criminally injurious       1,102        

conduct that caused the injury or death for which the victim is    1,103        

seeking an award of reparations or who, if the victim of that      1,104        

criminally injurious conduct was a minor, did not file an          1,105        

application for an award of reparations within the period          1,106        

provided by division (C)(1) of section 2743.56 of the Revised      1,107        

Code.  An award of reparations shall not be made to a claimant if  1,108        

the criminally injurious conduct upon which the claimant bases a   1,109        

claim was not reported to a law enforcement officer or agency      1,110        

within seventy-two hours after the occurrence of the conduct,      1,111        

unless it is determined that good cause existed for the failure    1,112        

to report the conduct within the seventy-two-hour period.                       

      (B)(1)  Neither a single commissioner nor THE ATTORNEY       1,114        

GENERAL, a panel of commissioners, OR A JUDGE OF THE COURT OF      1,116        

CLAIMS shall NOT make OR ORDER an award of reparations to a        1,117        

claimant who IF ANY OF THE FOLLOWING APPLY:                        1,119        

      (a)  THE CLAIMANT is the offender or an accomplice of the    1,121        

offender who committed the criminally injurious conduct, nor to    1,123        

any claimant if OR the award would unjustly benefit the offender   1,124        

or accomplice.                                                                  

      (b)  EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS SECTION,  1,127        

BOTH OF THE FOLLOWING APPLY:                                       1,128        

      (i)  THE CLAIMANT WAS A PASSENGER IN A MOTOR VEHICLE AND     1,130        

KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE DRIVER WAS UNDER     1,132        

THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR BOTH.                1,133        

      (ii)  THE CLAIMANT IS SEEKING COMPENSATION FOR INJURIES      1,135        

PROXIMATELY CAUSED BY THE DRIVER DESCRIBED IN DIVISION             1,137        

(B)(1)(b)(i) OF THIS SECTION BEING UNDER THE INFLUENCE OF          1,138        

ALCOHOL, A DRUG OF ABUSE, OR BOTH.                                              

      (c)  BOTH OF THE FOLLOWING APPLY:                            1,140        

      (i)  THE CLAIMANT WAS UNDER THE INFLUENCE OF ALCOHOL, A      1,142        

DRUG OF ABUSE, OR BOTH AND WAS A PASSENGER IN A MOTOR VEHICLE      1,144        

AND, IF SOBER, SHOULD HAVE REASONABLY KNOWN THAT THE DRIVER WAS    1,145        

                                                          26     


                                                                 
UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR BOTH.          1,146        

      (ii)  THE CLAIMANT IS SEEKING COMPENSATION FOR INJURIES      1,148        

PROXIMATELY CAUSED BY THE DRIVER DESCRIBED IN DIVISION             1,150        

(B)(1)(b)(i) OF THIS SECTION BEING UNDER THE INFLUENCE OF          1,151        

ALCOHOL, A DRUG OF ABUSE, OR BOTH.                                              

      (2)  DIVISION (B)(1)(b) OF THIS SECTION DOES NOT APPLY IF    1,154        

ON THE DATE OF THE OCCURRENCE OF THE CRIMINALLY INJURIOUS          1,155        

CONDUCT, THE CLAIMANT WAS UNDER SIXTEEN YEARS OF AGE OR WAS AT     1,156        

LEAST SIXTEEN YEARS OF AGE BUT LESS THAN EIGHTEEN YEARS OF AGE     1,157        

AND WAS RIDING WITH A PARENT, GUARDIAN, OR CARE-PROVIDER.          1,158        

      (C)  A single commissioner or THE ATTORNEY GENERAL, a panel  1,161        

of commissioners, OR A JUDGE OF THE COURT OF CLAIMS, upon a        1,163        

finding that the claimant or victim has not fully cooperated with  1,164        

appropriate law enforcement agencies, may deny a claim or          1,165        

reconsider and reduce an award of reparations.                                  

      (D)  A single commissioner or THE ATTORNEY GENERAL, a panel  1,168        

of commissioners, OR A JUDGE OF THE COURT OF CLAIMS shall reduce   1,169        

an award of reparations or deny a claim for an award of            1,170        

reparations that is otherwise payable to a claimant to the extent  1,171        

that the economic loss upon which the claim is based is recouped   1,172        

from other persons, including collateral sources.  If an award is  1,173        

reduced or a claim is denied because of the expected recoupment    1,174        

of all or part of the economic loss of the claimant from a         1,175        

collateral source, the amount of the award or the denial of the    1,176        

claim shall be conditioned upon the claimant's economic loss       1,177        

being recouped by the collateral source.  If the award or denial   1,178        

is conditioned upon the recoupment of the claimant's economic      1,179        

loss from a collateral source and it is determined that the        1,180        

claimant did not unreasonably fail to present a timely claim to    1,181        

the collateral source and will not receive all or part of the                   

expected recoupment, the claim may be reopened and an award may    1,182        

be made in an amount equal to the amount of expected recoupment    1,183        

that it is determined the claimant will not receive from the       1,184        

collateral source.                                                 1,185        

                                                          27     


                                                                 
      If the claimant recoups all or part of the economic loss     1,188        

upon which the claim is based from any other person or entity,     1,189        

including a collateral source, the attorney general may recover                 

pursuant to section 2743.72 of the Revised Code the part of the    1,190        

award that represents the economic loss for which the claimant     1,191        

received the recoupment from the other person or entity.           1,192        

      (E)  Neither a single commissioner nor THE ATTORNEY          1,195        

GENERAL, a panel of commissioners, OR A JUDGE OF THE COURT OF      1,196        

CLAIMS shall NOT make an award to a claimant if any of the         1,197        

following applies:                                                 1,198        

      (1)  The victim was convicted of a felony within ten years   1,201        

prior to the criminally injurious conduct that gave rise to the    1,204        

claim or is convicted of a felony during the pendency of the                    

claim.                                                             1,205        

      (2)  The claimant was convicted of a felony within ten       1,207        

years prior to the criminally injurious conduct that gave rise to  1,208        

the claim or is convicted of a felony during the pendency of the   1,209        

claim.                                                                          

      (3)  It is proved by a preponderance of the evidence         1,212        

presented to the commissioner or the panel that the victim or the  1,213        

claimant engaged, within ten years prior to the criminally         1,216        

injurious conduct gave rise to the claim or during the pendency    1,217        

of the claim, in conduct AN OFFENSE OF VIOLENCE, A VIOLATION OF    1,218        

SECTION 2925.03 OF THE REVISED CODE, OR ANY SUBSTANTIALLY SIMILAR  1,219        

OFFENSE that ALSO would constitute a felony under the laws of      1,221        

this state, another state, or the United States.                   1,222        

      (4)  THE CLAIMANT WAS CONVICTED OF A VIOLATION OF SECTION    1,224        

2919.22 OR 2919.25 OF THE REVISED CODE, OR OF ANY STATE LAW OR     1,226        

MUNICIPAL ORDINANCE SUBSTANTIALLY SIMILAR TO EITHER SECTION,       1,227        

WITHIN TEN YEARS PRIOR TO THE CRIMINALLY INJURIOUS CONDUCT THAT    1,228        

GAVE RISE TO THE CLAIM OR DURING THE PENDENCY OF THE CLAIM.        1,229        

      (F)  In determining whether to make an award of reparations  1,231        

pursuant to this section, a single commissioner THE ATTORNEY       1,232        

GENERAL or panel of commissioners shall consider whether there     1,234        

                                                          28     


                                                                 
was contributory misconduct by the victim or the claimant.  A      1,235        

single commissioner or THE ATTORNEY GENERAL, a panel of            1,236        

commissioners, OR A JUDGE OF THE COURT OF CLAIMS shall reduce an   1,237        

award of reparations or deny a claim for an award of reparations   1,239        

to the extent it is determined to be reasonable because of the     1,240        

contributory misconduct of the claimant or the victim.             1,241        

      If WHEN the attorney general recommends that DECIDES         1,243        

WHETHER a claim SHOULD be denied because of an allegation of       1,245        

contributory misconduct that is supported by the finding of fact   1,246        

in division (C)(6) of section 2743.59 of the Revised Code, the     1,248        

burden of proof on the issue of that alleged contributory          1,249        

misconduct shall be upon the claimant, if either of the following  1,250        

apply:                                                                          

      (1)  The victim was convicted of a felony more than ten      1,252        

years prior to the criminally injurious conduct that is the        1,253        

subject of the claim or has a record of felony arrests under the   1,254        

laws of this state, another state, or the United States;.          1,255        

      (2)  There is good cause to believe that the victim engaged  1,257        

in an ongoing course of criminal conduct within five years or      1,258        

less of the criminally injurious conduct that is the subject of    1,259        

the claim.                                                         1,260        

      FOR PURPOSES OF THIS SECTION, IF IT IS PROVEN BY A           1,262        

PREPONDERANCE OF THE EVIDENCE THAT THE VICTIM ENGAGED IN CONDUCT   1,264        

AT THE TIME OF THE CRIMINALLY INJURIOUS CONDUCT THAT WAS A FELONY  1,266        

VIOLATION OF SECTION 2925.11 OF THE REVISED CODE, THE CONDUCT      1,270        

SHALL BE PRESUMED TO HAVE CONTRIBUTED TO THE CRIMINALLY INJURIOUS  1,271        

CONDUCT AND SHALL RESULT IN A COMPLETE DENIAL OF THE CLAIM.        1,272        

      (G)  Neither a single commissioner nor THE ATTORNEY          1,275        

GENERAL, a panel of commissioners, OR A JUDGE OF THE COURT OF      1,277        

CLAIMS shall NOT make an award of reparations to a claimant if     1,278        

the criminally injurious conduct that caused the injury or death   1,279        

that is the subject of the claim occurred to a victim who was an   1,280        

adult and while the victim, after being convicted of or pleading   1,281        

guilty to an offense, was serving a sentence of imprisonment in    1,282        

                                                          29     


                                                                 
any detention facility, as defined in section 2921.01 of the       1,283        

Revised Code.                                                      1,284        

      (H)  If a claimant unreasonably fails to present a claim     1,286        

timely to a source of benefits or advantages that would have been  1,287        

a collateral source and that would have reimbursed the claimant    1,288        

for all or a portion of a particular expense, a single             1,289        

commissioner or THE ATTORNEY GENERAL, a panel of commissioners,    1,291        

OR A JUDGE OF THE COURT OF CLAIMS may reduce an award of           1,292        

reparations or deny a claim for an award of reparations to the     1,293        

extent that it is reasonable to do so.                             1,294        

      (I)  Reparations payable to a victim and to all other        1,296        

claimants sustaining economic loss because of injury to or the     1,297        

death of that victim shall not exceed fifty thousand dollars in    1,298        

the aggregate.                                                     1,299        

      Sec. 2743.61.  (A)  The attorney general may appeal          1,308        

conclusions of law made by a panel of court of claims              1,309        

commissioners and a, ON THE ATTORNEY GENERAL'S OWN MOTION OR UPON  1,311        

REQUEST OF A CLAIMANT OR VICTIM, MAY RECONSIDER A DECISION TO      1,312        

MAKE AN AWARD OF REPARATIONS, THE AMOUNT OF AN AWARD OF            1,313        

REPARATIONS, OR A DECISION TO DENY A CLAIM FOR AN AWARD OF         1,314        

REPARATIONS.  A CLAIMANT MAY FILE A REQUEST FOR RECONSIDERATION    1,315        

WITH THE ATTORNEY GENERAL NOT LATER THAN THIRTY DAYS AFTER THE     1,316        

ATTORNEY GENERAL RENDERS AN INITIAL DECISION.  A CLAIMANT MAY      1,317        

SUBMIT WITH THE REQUEST ANY ADDITIONAL INFORMATION THAT IS         1,319        

RELEVANT TO THE CLAIMANT'S CLAIM FOR AN AWARD OF REPARATION.       1,320        

      THE ATTORNEY GENERAL SHALL RECONSIDER THE APPLICATION BASED  1,322        

UPON EVIDENCE THAT IS RELEVANT TO THE APPLICATION AND ISSUE A      1,323        

FINAL DECISION WITHIN SIXTY DAYS OF RECEIVING THE REQUEST FOR      1,325        

RECONSIDERATION.  THE ATTORNEY GENERAL MAY EXTEND THE SIXTY-DAY    1,327        

TIME LIMIT AND SHALL RECORD IN WRITING SPECIFIC REASONS TO         1,328        

JUSTIFY THE EXTENSION.  THE ATTORNEY GENERAL SHALL NOTIFY THE                   

CLAIMANT OF THE EXTENSION AND OF THE REASONS FOR THE EXTENSION.    1,329        

      IF A CLAIMANT DOES NOT FILE A REQUEST FOR RECONSIDERATION    1,331        

OF A DECISION OF THE ATTORNEY GENERAL TO MAKE AN AWARD OR TO DENY  1,332        

                                                          30     


                                                                 
A CLAIM OR OF THE AMOUNT OF AN AWARD WITHIN THIRTY DAYS AFTER THE  1,333        

DECISION IS RENDERED, THE AWARD, THE DENIAL OF THE CLAIM, OR THE   1,334        

AMOUNT OF THE AWARD IS FINAL UNLESS THE ATTORNEY GENERAL IN THE    1,336        

INTEREST OF JUSTICE ALLOWS THE RECONSIDERATION AFTER THE                        

EXPIRATION OF THAT PERIOD OF TIME.                                 1,337        

      (B)  A  claimant may appeal an award of reparations, the     1,340        

amount of an award of reparations, or the denial of a claim for    1,341        

an award of reparations that is made by a panel of court of                     

claims commissioners FINAL DECISION OF THE ATTORNEY GENERAL AFTER  1,342        

ANY RECONSIDERATION.  If the determination FINAL DECISION of the   1,343        

commissioners ATTORNEY GENERAL with respect to any claim for an    1,345        

award of reparations is appealed, the A court of claims PANEL OF   1,346        

COMMISSIONERS, WITHIN NINETY DAYS OF RECEIVING THE NOTICE OF       1,347        

APPEAL, SHALL SCHEDULE AND CONDUCT A HEARING ON THE APPEAL.  THE   1,348        

PANEL OF COMMISSIONERS shall hear and determine the appeal WITHIN  1,349        

SIXTY DAYS FROM THE DATE OF THE HEARING on the basis of the        1,350        

record of the hearing before the commissioners, including the      1,351        

original award or denial made by a single commissioner, AND the    1,352        

finding of fact and recommendation of the attorney general, any    1,354        

information or documents that the attorney general used in his     1,355        

THE investigation, any information or data provided to the court   1,357        

of claims pursuant to division (B) of section 2743.53 of the       1,358        

Revised Code ATTORNEY GENERAL, and any briefs or oral arguments    1,360        

that may be requested by the A court OF CLAIMS PANEL OF            1,361        

COMMISSIONERS, AND ANY ADDITIONAL EVIDENCE PRESENTED AT THE                     

HEARING.  THE PANEL OF COMMISSIONERS MAY EXTEND THE SIXTY-DAY      1,363        

TIME LIMIT AND SHALL RECORD IN WRITING SPECIFIC REASONS TO         1,364        

JUSTIFY THE EXTENSION.  THE ATTORNEY GENERAL SHALL SUPPLY THE      1,366        

PANEL OF COMMISSIONERS WITH THE ORIGINAL DECISION AWARDING OR      1,367        

DENYING COMPENSATION, THE FINDING OF FACT OF THE ATTORNEY          1,368        

GENERAL, ANY INFORMATION OR DOCUMENTS THAT THE ATTORNEY GENERAL    1,369        

USED IN THE INVESTIGATION, AND ANY INFORMATION OR DATA PROVIDED    1,370        

TO THE ATTORNEY GENERAL WITHIN FOURTEEN DAYS OF THE FILING OF THE  1,371        

OBJECTION AND NOTICE OF APPEAL BY THE APPLICANT.  THE PANEL OF     1,372        

                                                          31     


                                                                 
COMMISSIONERS SHALL NOTIFY THE CLAIMANT AND ATTORNEY GENERAL OF    1,373        

THE EXTENSION AND OF THE REASONS FOR THE EXTENSION.  If upon       1,374        

hearing and consideration of the record and evidence, the court    1,375        

OF CLAIMS PANEL OF COMMISSIONERS decides that the decision of the  1,377        

commissioners ATTORNEY GENERAL appealed from is reasonable and     1,379        

lawful, it shall affirm the same, but if.  IF the court OF CLAIMS  1,381        

PANEL OF COMMISSIONERS decides that the decision of the                         

commissioners ATTORNEY GENERAL IS NOT SUPPORTED BY A               1,382        

PREPONDERANCE OF THE EVIDENCE OR is unreasonable or unlawful, the  1,384        

court IT shall reverse and vacate the decision or modify it and    1,385        

enter judgment thereon.                                                         

      (B)(C)  THE ATTORNEY GENERAL OR A CLAIMANT MAY APPEAL AN     1,388        

AWARD OF REPARATIONS, THE AMOUNT OF AN AWARD OF REPARATIONS, OR    1,389        

THE DENIAL OF A CLAIM FOR AN AWARD OF REPARATIONS THAT IS MADE BY  1,390        

A PANEL OF COURT OF CLAIMS COMMISSIONERS.  IF THE DETERMINATION    1,392        

OF THE PANEL OF COMMISSIONERS WITH RESPECT TO ANY CLAIM FOR AN     1,393        

AWARD OF REPARATIONS IS APPEALED, A COURT OF CLAIMS JUDGE SHALL    1,394        

HEAR AND DETERMINE THE APPEAL ON THE BASIS OF THE RECORD OF THE    1,395        

HEARING BEFORE THE COMMISSIONERS, INCLUDING THE ORIGINAL AWARD OR  1,396        

DENIAL MADE BY THE ATTORNEY GENERAL, ANY INFORMATION OR DOCUMENTS  1,397        

PRESENTED TO THE PANEL OF COMMISSIONERS, AND ANY BRIEFS OR ORAL    1,398        

ARGUMENTS THAT MAY BE REQUESTED BY THE COURT OF CLAIMS JUDGE.  IF  1,399        

UPON HEARING AND CONSIDERATION OF THE RECORD AND EVIDENCE, THE     1,400        

COURT OF CLAIMS JUDGE DECIDES THAT THE DECISION OF THE PANEL OF    1,401        

COMMISSIONERS IS UNREASONABLE OR UNLAWFUL, THE COURT OF CLAIMS     1,402        

JUDGE SHALL REVERSE AND VACATE THE DECISION OR MODIFY IT AND       1,403        

ENTER JUDGMENT ON THE CLAIM.  THE DECISION OF THE COURT OF CLAIMS  1,404        

JUDGE IS FINAL.                                                                 

      (D)  Notices of an appeal concerning an award of             1,406        

reparations shall be filed within thirty days after the date on    1,407        

which the award or the denial of a claim is made by A FINAL        1,408        

DECISION OF the commissioners ATTORNEY GENERAL.  If a notice of    1,409        

appeal is not filed within the thirty-day period, the award or     1,411        

denial of the claim is final unless the A court of claims PANEL    1,412        

                                                          32     


                                                                 
OF COMMISSIONERS in the interests of justice allows the appeal.    1,413        

      (E)  THE ATTORNEY GENERAL OR A CLAIMANT SHALL FILE A NOTICE  1,415        

OF AN APPEAL CONCERNING AN ORDER OR DECISION OF A PANEL OF         1,417        

COMMISSIONERS WITHIN THIRTY DAYS AFTER THE DATE ON WHICH THE       1,418        

AWARD OR THE DENIAL OF A CLAIM IS MADE BY THE PANEL OF             1,419        

COMMISSIONERS.  IF THE ATTORNEY GENERAL OR A CLAIMANT DOES NOT     1,420        

FILE A NOTICE OF APPEAL WITH RESPECT TO AN AWARD OR DENIAL WITHIN  1,422        

THE THIRTY-DAY PERIOD, THE AWARD OR DENIAL OF THE CLAIM IS FINAL   1,424        

UNLESS A JUDGE OF THE COURT OF CLAIMS IN THE INTERESTS OF JUSTICE  1,425        

ALLOWS THE APPEAL.                                                              

      Sec. 2743.62.  (A)(1)  Subject to division (A)(2) of this    1,435        

section, there is no privilege, except the privileges arising      1,436        

from the attorney-client relationship, as to communications or     1,437        

records that are relevant to the physical, mental, or emotional    1,438        

condition of the claimant or victim in a proceeding under          1,439        

sections 2743.51 to 2743.72 of the Revised Code in which that      1,440        

condition is an element.                                                        

      (2)(a)  Except as specified in division (A)(2)(b) of this    1,443        

section, any record or report that the A JUDGE OF THE COURT OF     1,444        

CLAIMS, A court of claims PANEL OF COMMISSIONERS, or THE attorney  1,445        

general has obtained prior to, or obtains on or after, the         1,446        

effective date of this amendment under the provisions of sections  1,447        

2743.51 to 2743.72 of the Revised Code and that is confidential    1,449        

or otherwise exempt from public disclosure under section 149.43    1,450        

of the Revised Code while in the possession of the creator of the  1,452        

record or report shall remain confidential or exempt from public   1,453        

disclosure under section 149.43 of the Revised Code while in the   1,455        

possession of the court of claims or the attorney general.                      

      (b)  Notwithstanding division (A)(2)(a) of this section,     1,458        

the A court of claims JUDGE OR PANEL OF COMMISSIONERS, A           1,459        

claimant, A claimant's attorney, or THE attorney general may       1,460        

disclose or refer to records or reports described in that          1,461        

division in any hearing conducted under sections 2743.51 to        1,462        

2743.72 of the Revised Code or in the court's JUDGE'S, PANEL OF    1,463        

                                                          33     


                                                                 
COMMISSIONERS', claimant's, or attorney general's written          1,465        

pleadings, findings, recommendations, and decisions.               1,466        

      (B)  If the mental, physical, or emotional condition of a    1,468        

victim or claimant is material to a claim for an award of          1,469        

reparations, a single commissioner or THE ATTORNEY GENERAL, a      1,471        

panel of commissioners, OR A JUDGE OF THE COURT OF CLAIMS may      1,473        

order the victim or claimant to submit to a mental or physical     1,474        

examination by a physician or psychologist and may order an        1,475        

autopsy of a deceased victim.  The order may be made for good      1,476        

cause shown and upon notice to the person to be examined and to    1,477        

the claimant and the attorney general.  The order shall specify    1,478        

the time, place, manner, conditions, and scope of the examination  1,479        

or autopsy and the person by whom it is to be made and shall       1,480        

require the person who performs the examination or autopsy to      1,481        

file with the clerk of the court of claims ATTORNEY GENERAL a      1,482        

detailed written report of the examination or autopsy.  The        1,483        

report shall set out the findings, including the results of all    1,484        

tests made, diagnoses, prognoses, and other conclusions and        1,485        

reports of earlier examinations of the same conditions.            1,486        

      (C)  On request of the person examined, the clerk of the     1,488        

court of claims ATTORNEY GENERAL shall furnish the person a copy   1,489        

of the report.  If the victim is deceased, the clerk of the court  1,491        

of claims ATTORNEY GENERAL, on request, shall furnish the          1,493        

claimant a copy of the report.                                                  

      (D)  A single commissioner or THE ATTORNEY GENERAL, a panel  1,496        

of commissioners,  OR A JUDGE OF THE COURT OF CLAIMS may require   1,497        

the claimant to supplement the application for an award of         1,498        

reparations with any reasonably available medical or                            

psychological reports relating to the injury for which the award   1,499        

of reparations is claimed.                                         1,500        

      (E)  The court, a single commissioner ATTORNEY GENERAL, a    1,502        

panel of commissioners, or the attorney general A JUDGE OF THE     1,504        

COURT OF CLAIMS, in a claim arising out of a violation of any      1,506        

provision of sections 2907.02 to 2907.07 of the Revised Code,      1,507        

                                                          34     


                                                                 
shall not request the victim or the claimant to supply, or permit  1,508        

any person to supply, any evidence of specific instances of the    1,509        

victim's sexual activity, opinion evidence of the victim's sexual  1,510        

activity, or reputation evidence of the victim's sexual activity   1,511        

unless it involves evidence of the origin of semen, pregnancy, or  1,512        

disease or evidence of the victim's past sexual activity with the  1,513        

offender and only to the extent that the court JUDGE, the PANEL    1,514        

OF commissioners, or the attorney general finds that the evidence  1,516        

is relevant to a fact at issue in the claim.                       1,517        

      Sec. 2743.63.  If a person refuses to comply with an order   1,526        

under sections 2743.51 to 2743.72 of the Revised Code, or asserts  1,527        

a privilege, except privileges arising from the attorney-client    1,528        

relationship, to withhold or suppress evidence relevant to a       1,529        

claim for an award of reparations, a single commissioner or a      1,530        

panel of court of claims commissioners THE ATTORNEY GENERAL may    1,531        

make any just order DECISION including denial of the claim, but    1,532        

shall not find the person in contempt.  If necessary to carry out  1,535        

any of its THE ATTORNEY GENERAL'S powers and duties, a single      1,536        

commissioner or a panel of commissioners THE ATTORNEY GENERAL may  1,537        

petition the A court of claims PANEL OF COMMISSIONERS for an       1,539        

appropriate order, INCLUDING BUT NOT LIMITED TO A FINDING OF                    

CONTEMPT, but the court of claims A PANEL OF COMMISSIONERS shall   1,541        

not find a person in contempt for refusal to submit to a mental    1,542        

or physical examination.                                                        

      Sec. 2743.64.  A single commissioner or THE ATTORNEY         1,551        

GENERAL, a panel of court of claims PANEL OF commissioners,  OR A  1,553        

JUDGE OF THE COURT OF CLAIMS may make an award of reparations      1,554        

whether or not any person is prosecuted or convicted for           1,556        

committing the conduct that is the basis of the award.  Proof of   1,557        

conviction of a person whose conduct gave rise to a claim is       1,558        

conclusive evidence that the crime was committed, unless an        1,559        

application for rehearing, an appeal of the conviction, or         1,560        

certiorari is pending, or a rehearing or new trial has been        1,561        

ordered.                                                                        

                                                          35     


                                                                 
      If the prosecuting attorney of the county in which the       1,563        

criminally injurious conduct allegedly occurred or the attorney    1,564        

general requests the suspension of proceedings in any claim for    1,565        

an award of reparations and if the request is made because of the  1,566        

commencement of a criminal prosecution, a single commissioner or   1,567        

a panel of commissioners THE ATTORNEY GENERAL may suspend,         1,568        

because a criminal prosecution has been commenced or is imminent,  1,570        

the proceedings in any claim for an award of reparations for a     1,571        

definite period of time, and may make a tentative AN EMERGENCY     1,572        

award under section 2743.67 of the Revised Code.                   1,574        

      Sec. 2743.65.  (A)  As part of an order, a single            1,583        

commissioner or a panel of court of claims commissioners shall     1,584        

determine and award reasonable THE ATTORNEY GENERAL SHALL          1,587        

DETERMINE, AND THE STATE SHALL PAY, IN ACCORDANCE WITH THIS                     

SECTION attorney's fees, commensurate with services rendered, to   1,589        

be paid by the state to the attorney representing a claimant       1,590        

under sections 2743.51 to 2743.72 of the Revised Code.             1,591        

Additional attorney's fees may be awarded by the court of claims   1,592        

in the event of appeal.  Attorney's fees may be denied upon a      1,593        

finding that the claim or appeal is frivolous. Awards of           1,594        

attorney's fees shall be in addition to awards of reparations,     1,595        

and attorney's fees may be awarded whether or not an award of      1,596        

reparations is made.  An attorney who represents an applicant for  1,597        

an award of reparations shall not charge the applicant for the     1,598        

services rendered in relation to that representation and shall     1,599        

apply to the court of claims for payment for the representation.   1,600        

THE ATTORNEY SHALL SUBMIT ON AN APPLICATION FORM AN ITEMIZED FEE   1,602        

BILL AT THE RATE OF SIXTY DOLLARS PER HOUR UPON RECEIPT OF THE     1,603        

FINAL DECISION ON THE CLAIM.  ATTORNEY'S FEES PAID PURSUANT TO     1,605        

THIS SECTION ARE SUBJECT TO THE FOLLOWING MAXIMUM AMOUNTS:         1,606        

      (1)  A MAXIMUM OF SEVEN HUNDRED TWENTY DOLLARS FOR CLAIMS    1,608        

RESOLVED WITHOUT THE FILING OF AN APPEAL TO THE PANEL OF           1,609        

COMMISSIONERS;                                                                  

      (2)  A MAXIMUM OF ONE THOUSAND TWENTY DOLLARS FOR CLAIMS IN  1,611        

                                                          36     


                                                                 
WHICH AN APPEAL TO THE PANEL OF COMMISSIONERS IS FILED PLUS, AT    1,612        

THE REQUEST OF AN ATTORNEY WHOSE MAIN OFFICE IS NOT IN FRANKLIN    1,613        

COUNTY, DELAWARE COUNTY, LICKING COUNTY, FAIRFIELD COUNTY,         1,615        

PICKAWAY COUNTY, MADISON COUNTY, OR UNION COUNTY, AN AMOUNT FOR    1,616        

THE ATTORNEY'S TRAVEL TIME TO ATTEND THE ORAL HEARING BEFORE THE   1,617        

PANEL OF COMMISSIONERS AT THE RATE OF THIRTY DOLLARS PER HOUR;     1,618        

      (3)  A MAXIMUM OF ONE THOUSAND THREE HUNDRED TWENTY DOLLARS  1,620        

FOR CLAIMS IN WHICH AN APPEAL TO A JUDGE OF THE COURT OF CLAIMS    1,621        

IS FILED PLUS, AT THE REQUEST OF AN ATTORNEY WHOSE MAIN OFFICE IS  1,622        

NOT IN FRANKLIN COUNTY, DELAWARE COUNTY, LICKING COUNTY,           1,623        

FAIRFIELD COUNTY, PICKAWAY COUNTY, MADISON COUNTY, OR UNION        1,624        

COUNTY, AN AMOUNT FOR THE ATTORNEY'S TRAVEL TIME TO ATTEND THE     1,625        

ORAL HEARING BEFORE THE JUDGE AT THE RATE OF THIRTY DOLLARS PER    1,626        

HOUR;                                                                           

      (4)  A MAXIMUM OF SEVEN HUNDRED TWENTY DOLLARS FOR A         1,628        

SUPPLEMENTAL REPARATIONS APPLICATION;                              1,629        

      (5)  A MAXIMUM OF TWO HUNDRED DOLLARS IF THE CLAIM IS        1,631        

DENIED ON THE BASIS OF A CLAIMANT'S OR VICTIM'S CONVICTION OF A    1,632        

FELONY OFFENSE PRIOR TO THE FILING OF THE CLAIM.  IF THE CLAIMANT  1,633        

OR VICTIM IS CONVICTED OF A FELONY OFFENSE DURING THE PENDENCY OF  1,634        

THE CLAIM, THE TWO HUNDRED DOLLARS MAXIMUM DOES NOT APPLY.  IF     1,635        

THE ATTORNEY HAD KNOWLEDGE OF THE CLAIMANT'S OR VICTIM'S FELONY    1,636        

CONVICTION PRIOR TO THE FILING OF THE APPLICATION FOR THE CLAIM,   1,637        

THE ATTORNEY GENERAL MAY DETERMINE THAT THE FILING OF THE CLAIM    1,638        

WAS FRIVOLOUS AND MAY DENY ATTORNEY'S FEES.                        1,639        

      (B)  THE ATTORNEY GENERAL MAY DETERMINE THAT AN ATTORNEY BE  1,641        

REIMBURSED FOR FEES INCURRED IN THE CREATION OF A GUARDIANSHIP IF  1,642        

THE GUARDIANSHIP IS REQUIRED IN ORDER FOR AN INDIVIDUAL TO         1,644        

RECEIVE AN AWARD OF REPARATIONS, AND THOSE FEES SHALL BE           1,645        

REIMBURSED AT A RATE OF SIXTY DOLLARS PER HOUR.                    1,646        

      (C)(1)  THE ATTORNEY GENERAL SHALL FORWARD AN APPLICATION    1,648        

FORM FOR ATTORNEY'S FEES TO A CLAIMANT'S ATTORNEY BEFORE OR WHEN   1,649        

THE FINAL DECISION ON A CLAIM IS RENDERED.  THE APPLICATION FORM   1,651        

FOR ATTORNEY'S FEES SHALL DO ALL OF THE FOLLOWING:                              

                                                          37     


                                                                 
      (a)  INFORM THE ATTORNEY OF THE REQUIREMENTS OF THIS         1,653        

SECTION;                                                                        

      (b)  REQUIRE A VERIFICATION STATEMENT COMPORTING WITH THE    1,655        

RULES OF THE COURT OF CLAIMS AND WITH THE LAW PROHIBITING          1,656        

FALSIFICATION;                                                                  

      (c)  REQUIRE AN ITEMIZED FEE STATEMENT;                      1,658        

      (d)  REQUIRE A VERIFICATION STATEMENT THAT THE CLAIMANT WAS  1,660        

SERVED A COPY OF THE COMPLETED APPLICATION FORM;                   1,661        

      (e)  INCLUDE NOTICE THAT THE CLAIMANT MAY OPPOSE THE         1,663        

APPLICATION BY NOTIFYING THE ATTORNEY GENERAL IN WRITING WITHIN    1,664        

TEN DAYS.                                                                       

      (2)  THE ATTORNEY GENERAL SHALL FORWARD A COPY OF THIS       1,666        

SECTION TO THE ATTORNEY WITH THE APPLICATION FORM FOR ATTORNEY'S   1,667        

FEES.  THE ATTORNEY SHALL FILE THE APPLICATION FORM WITH THE       1,668        

ATTORNEY GENERAL.  THE ATTORNEY GENERAL'S DECISION WITH RESPECT    1,669        

TO AN AWARD OF ATTORNEY'S FEES IS FINAL TEN DAYS AFTER THE         1,670        

ATTORNEY GENERAL RENDERS THE DECISION AND MAILS A COPY OF THE      1,671        

DECISION TO THE ATTORNEY AT THE ADDRESS PROVIDED BY THE ATTORNEY.  1,672        

THE ATTORNEY MAY REQUEST RECONSIDERATION OF THE DECISION ON        1,673        

GROUNDS THAT IT IS INSUFFICIENT OR CALCULATED INCORRECTLY.  THE    1,674        

ATTORNEY GENERAL'S DECISION ON THE REQUEST FOR RECONSIDERATION IS  1,675        

FINAL.                                                                          

      (D)  THE ATTORNEY GENERAL SHALL REVIEW ALL APPLICATION       1,677        

FORMS FOR ATTORNEY'S FEES THAT ARE SUBMITTED BY A CLAIMANT'S       1,678        

ATTORNEY AND SHALL ISSUE AN ORDER APPROVING THE AMOUNT OF FEES TO  1,679        

BE PAID TO THE ATTORNEY WITHIN SIXTY DAYS AFTER RECEIPT OF THE     1,680        

APPLICATION FORM.                                                  1,681        

      (E)  NO ATTORNEY'S FEES SHALL BE PAID FOR THE FOLLOWING:     1,683        

      (1)  ESTATE WORK OR REPRESENTATION OF A CLAIMANT AGAINST A   1,685        

COLLATERAL SOURCE;                                                 1,686        

      (2)  DUPLICATION OF INVESTIGATIVE WORK REQUIRED TO BE        1,688        

PERFORMED BY THE ATTORNEY GENERAL;                                 1,689        

      (3)  PERFORMANCE OF UNNECESSARY CRIMINAL INVESTIGATION OF    1,691        

THE OFFENSE;                                                       1,692        

                                                          38     


                                                                 
      (4)  PRESENTING OR APPEALING AN ISSUE THAT HAS BEEN          1,694        

REPEATEDLY RULED UPON BY THE HIGHEST APPELLATE AUTHORITY, UNLESS   1,695        

A UNIQUE SET OF FACTS OR UNIQUE ISSUE OF LAW EXISTS THAT           1,696        

DISTINGUISHES IT;                                                               

      (5)  A FEE REQUEST THAT IS UNREASONABLE, IS NOT              1,698        

COMMENSURATE WITH SERVICES RENDERED, VIOLATES THE OHIO CODE OF     1,699        

PROFESSIONAL RESPONSIBILITY, OR IS BASED UPON SERVICES THAT ARE    1,700        

DETERMINED TO BE FRIVOLOUS.                                                     

      (F)(1)  THE ATTORNEY GENERAL MAY REDUCE OR DENY THE PAYMENT  1,702        

OF ATTORNEY'S FEES TO AN ATTORNEY WHO HAS FILED A FRIVOLOUS        1,703        

CLAIM.  SUBJECT TO DIVISION (A)(5) OF THIS SECTION, THE DENIAL OF  1,704        

A CLAIM ON THE BASIS OF A FELONY CONVICTION, FELONY CONDUCT, OR    1,705        

CONTRIBUTORY MISCONDUCT DOES NOT CONSTITUTE A FRIVOLOUS CLAIM.     1,706        

      (2)  AS USED IN THIS SECTION, "FRIVOLOUS CLAIM" MEANS A      1,708        

CLAIM IN WHICH THERE IS CLEARLY NO LEGAL GROUNDS UNDER THE         1,709        

EXISTING LAWS OF THIS STATE TO SUPPORT THE FILING OF A CLAIM ON    1,710        

BEHALF OF THE CLAIMANT OR VICTIM.                                  1,711        

      (G)  THE ATTORNEY GENERAL MAY DETERMINE THAT A LESSER        1,713        

NUMBER OF HOURS SHOULD HAVE BEEN REQUIRED IN A GIVEN CASE.         1,714        

ADDITIONAL REIMBURSEMENT MAY BE MADE WHERE THE ATTORNEY            1,715        

DEMONSTRATES TO THE ATTORNEY GENERAL THAT THE NATURE OF THE        1,716        

PARTICULAR CLAIM REQUIRED THE EXPENDITURE OF AN AMOUNT IN EXCESS                

OF THAT ALLOWED.                                                   1,717        

      (H)  A CONTRACT OR OTHER AGREEMENT BETWEEN AN ATTORNEY AND   1,720        

ANY PERSON THAT PROVIDES FOR THE PAYMENT OF ATTORNEY'S FEES OR     1,722        

OTHER PAYMENTS IN EXCESS OF THE ATTORNEY'S FEES ALLOWED UNDER                   

THIS SECTION FOR REPRESENTING A CLAIMANT UNDER SECTIONS 2743.51    1,723        

TO 2743.72 OF THE REVISED CODE SHALL BE VOID AND UNENFORCEABLE.    1,725        

      (B)(I)  Each witness who appears in a hearing on a claim     1,727        

for an award of reparations shall receive compensation in an       1,728        

amount equal to that received by witnesses in civil cases as       1,729        

provided in section 2335.06 of the Revised Code.                   1,730        

      Sec. 2743.66.  (A)  An order of a single commissioner or a   1,739        

panel of A DECISION OF THE ATTORNEY GENERAL, ORDER OF A court of   1,740        

                                                          39     


                                                                 
claims PANEL OF commissioners, OR JUDGMENT OF A JUDGE OF THE       1,741        

COURT OF CLAIMS granting an award of reparations may provide for   1,743        

the payment of the award in a lump sum or in installments.  The    1,744        

part of an award equal to the amount of economic loss accrued to   1,745        

the date of the award shall be paid in a lump sum.  An award for   1,746        

allowable expense that would accrue after the award is made shall  1,747        

not be paid in a lump sum.  Except as provided in division (B) of  1,748        

this section, the part of an award not paid in a lump sum shall    1,749        

be paid in installments.                                                        

      (B)  Upon the motion of the claimant or upon the             1,751        

recommendation of, the attorney general, a single commissioner or  1,753        

a panel of commissioners may commute future economic loss, other   1,754        

than allowable expense, to a lump sum but only upon a finding      1,755        

that either of the following applies:                              1,756        

      (1)  The award in a lump sum will promote the interests of   1,758        

the claimant.                                                      1,759        

      (2)  The present value of all future economic loss, other    1,761        

than allowable expense, does not exceed one thousand dollars.      1,762        

      (C)  A single commissioner or a panel of commissioners THE   1,764        

ATTORNEY GENERAL may make an award for future economic loss        1,765        

payable in installments only for a period as to which future       1,766        

economic loss reasonably can be determined.  An award for future   1,768        

economic loss payable in installments may be reconsidered and      1,769        

modified upon a finding that a material and substantial change of  1,770        

circumstances has occurred.                                                     

      (D)  An award is not subject to execution, attachment,       1,772        

garnishment, or other process, except that, upon receipt of an     1,773        

award by a claimant:                                               1,774        

      (1)  The part of the award that is for allowable expense or  1,776        

funeral expense is not exempt from such action by a creditor to    1,777        

the extent that the creditor provided products, services, or       1,778        

accommodations the costs of which are included in the award.       1,780        

      (2)  The part of the award that is for work loss shall not   1,782        

be exempt from such action to secure payment of spousal support,   1,783        

                                                          40     


                                                                 
other maintenance, or child support.                               1,784        

      (3)  The attorney general may recover the award pursuant to  1,787        

section 2743.72 of the Revised Code if it is discovered that the   1,788        

claimant actually was not eligible for the award or that the       1,789        

award otherwise should not have been made under the standards and  1,790        

criteria set forth in sections 2743.51 to 2743.72 of the Revised   1,791        

Code.                                                                           

      (4)  If the claimant receives compensation from any other    1,793        

person or entity, including a collateral source, for an expense    1,794        

that is included within the award, the attorney general may        1,795        

recover pursuant to section 2743.72 of the Revised Code the part   1,797        

of the award that represents the expense for which the claimant                 

received the compensation from the other person or entity.         1,798        

      (E)  An assignment or agreement to assign a right to an      1,800        

award of reparations is unenforceable, except that an assignment   1,801        

of a right to receive payment of all or any part of an award of    1,802        

reparations shall be enforceable and shall be honored by a single  1,803        

commissioner or a panel of commissioners if all of the following   1,804        

apply:                                                             1,805        

      (1)  Pursuant to this section, the claimant or the victim    1,807        

through whom the claimant claims an award of reparations assigns   1,809        

his or her right to receive payment of all or any part of an       1,810        

award of reparations for unreimbursed allowable expenses for       1,811        

products, services, or accommodations provided by the assignee or  1,812        

for unreimbursed funeral expense for services provided by the      1,813        

assignee;                                                                       

      (2)  The unreimbursed allowable expenses for products,       1,815        

services, or accommodations provided by the assignee that are the  1,816        

subject of the assignment and that are included in an award of     1,817        

reparations exceed five hundred dollars, or the unreimbursed       1,819        

funeral expense for services provided by the assignee that is the  1,820        

subject of the assignment and that is included in an award of      1,821        

reparations exceeds five hundred dollars;                          1,822        

      (3)  The assignee delivers the assignment to the attorney    1,824        

                                                          41     


                                                                 
general before the attorney general has submitted the attorney     1,825        

general's finding of fact and recommendation pursuant to section   1,827        

2743.59 of the Revised Code;                                       1,828        

      (4)  The assignment delivered to the attorney general        1,830        

appears on a separate document, the exclusive subject of which is  1,831        

"assignment of a right to payment of all or part of an award of    1,832        

reparations," and the separate document is duly signed and dated   1,834        

by the assignor and attested by one or more witnesses;             1,835        

      (5)  After an investigation by the attorney general, a       1,837        

single commissioner or a panel of commissioners determines that    1,838        

the assignment is valid and that it was entered into voluntarily   1,839        

by all parties.                                                    1,840        

      (F)  For each assignment that meets the requirements of      1,842        

divisions (E)(1) to (5) of this section, the order granting an     1,843        

award of reparations shall state separately the amount of the      1,844        

award or any part of the award that is based upon unreimbursed     1,846        

allowable expenses or unreimbursed funeral expense, whichever is   1,847        

the subject of the assignment, and the assignment shall be         1,849        

recognized for only that amount.  If the assignee has not          1,850        

cooperated in the investigation of the claim, a single             1,851        

commissioner or a panel of commissioners may refuse to recognize   1,852        

an assignment, upon good cause shown.  The clerk of the court of   1,853        

claims shall send a copy of the order granting or denying an       1,854        

award to the assignee by regular mail.                                          

      If an award is limited pursuant to division (C) or (I) of    1,856        

section 2743.60 of the Revised Code, a single commissioner or a    1,857        

panel of commissioners may order that payment be made to all       1,858        

claimants and their assignees upon a pro rata basis.  A single     1,859        

commissioner or a panel of commissioners may determine the terms   1,860        

of the award issued, including whether the award is to be paid     1,861        

jointly to the claimant and assignee or separately to the          1,862        

claimant and assignee.                                             1,863        

      The assignee shall not be considered a claimant or party in  1,865        

a claim for an award of reparations that is filed pursuant to      1,866        

                                                          42     


                                                                 
this chapter.  The assignee has no right to appear in any hearing  1,867        

before a commissioner, panel of commissioners, or judge of the     1,868        

court of claims or to object to or appeal any determination made   1,869        

by a commissioner, panel of commissioners, or judge of the court   1,870        

of claims.  Any records of the assignee that are related to the    1,871        

assignment shall be preserved for five years after the assignment  1,872        

is delivered to the attorney general.  After the assignment is     1,873        

executed, the assignee shall not pursue collection efforts         1,874        

against the assignor or the claimant who claims through the        1,875        

assignor until a final determination has been made by a single     1,876        

commissioner or a panel of commissioners in the court of claims,   1,877        

except to the extent that direct payment has been made to the      1,878        

assignor or the claimant who claims through the assignor from a    1,879        

collateral source.                                                 1,880        

      Upon receipt of payment from any person, including a         1,882        

collateral source, of all or a part of the funeral expense or      1,883        

allowable expenses that are the subject of the assignment, the     1,885        

assignee immediately shall notify the attorney general of the      1,887        

payment.  The assignee shall return any moneys already accepted    1,888        

from the reparations fund that represent a duplicate payment of    1,889        

funeral expense or allowable expenses that are the subject of the  1,891        

assignment.  If notice of payment is received from the assignee    1,892        

after the attorney general has submitted the finding of fact and   1,893        

recommendation, the attorney general shall immediately notify the  1,894        

court of claims of the payment.  If payment has been made from     1,895        

the fund to an assignee, when the attorney general receives from   1,896        

the assignee the notice of payment concerning payment from any     1,897        

person including a collateral source, the attorney general shall   1,898        

institute any necessary subrogation proceedings pursuant to        1,899        

section 2743.72 of the Revised Code.                                            

      (G)  If a person entitled to an award of reparations is      1,901        

under eighteen years of age and if the amount of the award         1,903        

exceeds one thousand dollars, the order providing for the payment  1,904        

of the award shall specify that the award be paid either to the    1,905        

                                                          43     


                                                                 
guardian of the estate of the minor appointed pursuant to Chapter  1,906        

2111. of the Revised Code or to the person or depository           1,907        

designated by the probate court under section 2111.05 of the       1,908        

Revised Code.  If a person entitled to an award of reparations is  1,909        

under eighteen years of age and if the amount of the award is one  1,910        

thousand dollars or less, the order providing for the payment of   1,912        

the award may specify that the award be paid to an adult member    1,913        

of the family of the minor who is legally responsible for the      1,915        

minor's care or to any other person designated by the              1,916        

commissioner ATTORNEY GENERAL or panel of commissioners issuing    1,917        

the DECISION OR order.                                                          

      Sec. 2743.67.  THE ATTORNEY GENERAL MAY MAKE AN EMERGENCY    1,919        

AWARD IF, BEFORE ACTING ON AN APPLICATION FOR AN AWARD OF          1,920        

REPARATIONS UNDER THIS SECTION, IT APPEARS LIKELY THAT A FINAL     1,922        

AWARD WILL BE MADE, AND THE CLAIMANT OR VICTIM WILL SUFFER UNDUE   1,923        

HARDSHIP IF IMMEDIATE ECONOMIC RELIEF IS NOT OBTAINED.  AN         1,924        

EMERGENCY AWARD SHALL NOT EXCEED TWO THOUSAND DOLLARS.  THE        1,925        

ATTORNEY GENERAL OR THE COURT OF CLAIMS PANEL OF COMMISSIONERS     1,926        

SHALL DEDUCT AN AMOUNT OF THE EMERGENCY AWARD FROM THE FINAL       1,927        

AWARD, OR THE CLAIMANT OR VICTIM SHALL REPAY THE AMOUNT OF THE     1,928        

EMERGENCY AWARD THAT EXCEEDS THE FINAL AWARD MADE TO THE           1,929        

CLAIMANT.                                                                       

      Sec. 2743.68.  A claimant may file a supplemental            1,938        

reparations application in a claim if a commissioner, THE          1,939        

ATTORNEY GENERAL, A COURT OF CLAIMS panel of commissioners, or     1,941        

judge of the court of claims has, within five years prior to the   1,943        

filing of the supplemental application, HAS made any of the                     

following determinations:                                          1,945        

      (A)  That an award, supplemental award, or installment       1,947        

award be granted;                                                               

      (B)  That an award, supplemental award, or installment       1,949        

award be conditioned or denied because of actual or potential      1,950        

recovery from a collateral source;                                              

      (C)  That an award, supplemental award, or installment       1,952        

                                                          44     


                                                                 
award be denied because the claimant had not incurred any          1,953        

economic loss at that time.                                                     

      Sec. 2743.69.  The court of claims ATTORNEY GENERAL shall    1,962        

prepare and transmit annually to the governor and the general      1,964        

assembly, THE PRESIDENT OF THE SENATE, THE SPEAKER OF THE HOUSE,   1,965        

AND THE MINORITY LEADERS OF BOTH HOUSES a report of the            1,967        

activities of the court of claims commissioners OHIO CRIME         1,968        

VICTIMS COMPENSATION PROGRAM UNDER SECTIONS 2743.51 TO 2743.72 OF  1,969        

THE REVISED CODE.  The report shall include the number of claims   1,970        

filed, the number of awards made and the amount of each award,     1,971        

and a statistical summary of awards made and denied, including     1,972        

the average size of awards; the balance in the reparations fund,   1,973        

with a listing by source and amount of the moneys that have been   1,974        

deposited in the fund; the amount that has been withdrawn from     1,975        

the fund, including separate listings of the administrative costs  1,976        

incurred by the ATTORNEY GENERAL AND A court of claims PANEL OF    1,977        

COMMISSIONERS, salaries of commissioners, compensation of judges   1,979        

and court personnel, AND the amount awarded as attorney's fees,    1,980        

and the amount withdrawn by the attorney general after                          

certification of his costs of investigation and recommendation.    1,982        

The attorney general and director of budget and management shall   1,983        

assist the court of claims ATTORNEY GENERAL in the preparation of  1,985        

the report required by this section.                               1,986        

      Sec. 2743.71.  (A)  Any law enforcement agency that          1,995        

investigates, and any prosecuting attorney, city director of law,  1,996        

village solicitor, or similar prosecuting authority who            1,997        

prosecutes, an offense committed in this state shall, upon first   1,998        

contact with the victim or his THE VICTIM'S family or dependents,  2,000        

give the victim or his THE VICTIM'S family or dependents a copy    2,001        

of an information card or other printed material provided by the   2,003        

clerk of the court of claims ATTORNEY GENERAL pursuant to          2,004        

division (B) of this section and explain, upon request, the        2,006        

information on the card or material to the victim or his THE       2,007        

VICTIM'S family or dependents.                                                  

                                                          45     


                                                                 
      (B)  The clerk of the court of claims ATTORNEY GENERAL       2,009        

shall have printed, and shall provide to law enforcement           2,010        

agencies, prosecuting attorneys, city directors of law, village    2,011        

solicitors, and similar prosecuting authorities, cards or other    2,012        

materials that contain information explaining awards of            2,013        

reparations.  The information on the cards or other materials      2,014        

shall include, but shall not be limited to, the following          2,015        

statements:                                                                     

      (1)  Awards of reparations are limited to losses that are    2,017        

caused by physical injury resulting from criminally injurious      2,018        

conduct;                                                           2,019        

      (2)  Reparations applications are required to be filed       2,021        

within two years after the date of the criminally injurious        2,022        

conduct if the victim was an adult, or within the period provided  2,023        

by division (C)(1) of section 2743.56 of the Revised Code if the   2,024        

victim of the criminally injurious conduct was a minor;            2,025        

      (3)  An attorney who represents an applicant for an award    2,027        

of reparations cannot charge the applicant for the services        2,028        

rendered in relation to that representation but is required to     2,029        

apply to the court of claims ATTORNEY GENERAL for payment for the  2,031        

representation;                                                                 

      (4)  Applications for awards of reparations may be obtained  2,033        

from THE ATTORNEY GENERAL, LAW ENFORCEMENT AGENCIES, AND VICTIM    2,034        

ASSISTANCE AGENCIES and are to be filed with, the clerk of the     2,035        

court of claims or the clerk of the court of common pleas          2,037        

ATTORNEY GENERAL.                                                               

      (C)  The court of claims commissioners, with the approval    2,039        

of the attorney general, may order that a reasonable amount of     2,040        

money be paid out of the reparations fund, subject to the          2,041        

limitation imposed by division (D) of this section, to the clerk   2,042        

of the court of claims to be used by the clerk FOR USE BY THE      2,043        

ATTORNEY GENERAL to publicize the availability of awards of        2,045        

reparations.                                                                    

      (D)  During any fiscal year of the court of claims, the      2,047        

                                                          46     


                                                                 
total expenditure for the printing and providing of information    2,048        

cards or other materials pursuant to division (B) of this section  2,049        

and for the publicizing of the availability of awards of           2,050        

reparations pursuant to division (C) of this section shall not     2,051        

exceed two per cent of the total of all court costs deposited, in  2,052        

accordance with section 2743.70 of the Revised Code, in the        2,053        

reparations fund during the immediately preceding fiscal year of   2,054        

the court.                                                         2,055        

      Sec. 2743.711.  THE ATTORNEY GENERAL IS THE LEGAL            2,057        

REPRESENTATIVE OF THE REPARATIONS FUND ESTABLISHED BY SECTION      2,058        

2743.191 OF THE REVISED CODE.  THE ATTORNEY GENERAL MAY            2,059        

INSTITUTE, PROSECUTE, AND SETTLE ACTIONS OR PROCEEDINGS FOR THE    2,061        

ENFORCEMENT OF THE REPARATIONS FUND'S RIGHT OF REPAYMENT,          2,062        

REIMBURSEMENT, RECOVERY, AND SUBROGATION.  THE ATTORNEY GENERAL    2,063        

SHALL DEFEND ALL SUITS, ACTIONS, OR PROCEEDINGS BROUGHT AGAINST    2,064        

THE FUND.                                                                       

      Sec. 2743.72.  (A)  If an award of reparations is made       2,073        

under sections 2743.51 to 2743.71 of the Revised Code, the state,  2,074        

upon the payment of the award or a part of the award, is           2,075        

subrogated to all of the claimant's rights to receive or recover   2,076        

benefits or advantages for economic loss for which an award of     2,077        

reparations was made from a source that is a collateral source or  2,078        

would be a collateral source if it were readily available to the   2,079        

victim or claimant.  The claimant may sue the offender for any     2,080        

damages or injuries caused by the offender's criminally injurious  2,081        

conduct and not compensated for by an award of reparations. The    2,082        

claimant may join with the attorney general as co-plaintiff in     2,083        

any action against the offender.                                   2,084        

      (B)  If payment is made to an assignee pursuant to           2,086        

divisions (E) and (F) of section 2743.66 of the Revised Code as a  2,087        

result of the payment of an award of reparations, the state is     2,088        

subrogated to all of the assignee's rights to receive or recover   2,089        

benefits or advantages for funeral expense or allowable expenses   2,090        

for which a reparations payment was made, from a source that is a  2,091        

                                                          47     


                                                                 
collateral source or would be a collateral source if it were       2,092        

readily available to the victim, claimant, or assignee.            2,093        

      THE PAYMENT OF AN AWARD OF REPARATIONS FROM THE REPARATIONS  2,095        

FUND ESTABLISHED BY SECTION 2743.191 OF THE REVISED CODE CREATES   2,097        

A RIGHT OF REIMBURSEMENT, REPAYMENT, AND SUBROGATION IN FAVOR OF   2,098        

THE REPARATIONS FUND FROM AN INDIVIDUAL WHO IS CONVICTED OF THE    2,100        

OFFENSE THAT IS THE BASIS OF THE AWARD OF REPARATIONS.  FOR        2,101        

PURPOSES OF ESTABLISHING AN INDIVIDUAL'S LIABILITY UNDER THIS      2,102        

PROVISION, A CERTIFIED JUDGMENT OF THE INDIVIDUAL'S CONVICTION     2,103        

TOGETHER WITH THE RELATED INDICTMENT IS ADMISSIBLE AS EVIDENCE TO  2,104        

PROVE THE INDIVIDUAL'S LIABILITY.                                  2,105        

      (B)  THE PAYMENT OF AN AWARD OF REPARATIONS FROM THE         2,107        

REPARATIONS FUND CREATES A RIGHT OF REIMBURSEMENT, REPAYMENT, AND  2,109        

SUBROGATION IN FAVOR OF THE REPARATIONS FUND FROM A THIRD PARTY    2,110        

WHO, BECAUSE OF AN EXPRESS OR IMPLIED CONTRACTUAL OR OTHER LEGAL   2,111        

RELATIONSHIP, HAD AN OBLIGATION TO PAY ANY EXPENSES FOR WHICH AN   2,112        

AWARD OF REPARATIONS WAS MADE.                                     2,113        

      (C)  If an award of reparations is made to a claimant under  2,116        

sections 2743.51 to 2743.72 of the Revised Code and if it is       2,117        

discovered that the claimant actually was not eligible for the                  

award or that the award otherwise should not have been made under  2,118        

the standards and criteria set forth in sections 2743.51 to        2,119        

2743.72 of the Revised Code, the attorney general FUND is          2,120        

entitled to recover the award from the claimant.  To recover the   2,122        

award, the attorney general may file a finding of fact and         2,123        

recommendation against the claimant with a court of claims                      

commissioner.  If, after filing the finding of fact and            2,125        

recommendation, the attorney general proves that the claimant      2,126        

actually was not eligible for the award or that the award          2,128        

otherwise should not have been made under the standards and        2,129        

criteria set forth in sections 2743.51 to 2743.72 of the Revised   2,130        

Code, the court of claims shall enter an order against the         2,132        

claimant that requires the claimant to repay the award to the                   

state.                                                                          

                                                          48     


                                                                 
      (D)  If an award of reparations is made to a claimant under  2,134        

sections 2743.51 to 2743.72 of the Revised Code, AND if the        2,135        

claimant receives compensation from any other person or entity,    2,136        

including a collateral source, for an expense that is included     2,137        

within the award, the attorney general FUND is entitled to         2,138        

recover from the claimant the part of the award that represents    2,140        

the expense for which the claimant received the compensation from  2,141        

the other person or entity.  To recover that part of the award,    2,142        

the attorney general may file a finding of fact and                             

recommendation against the claimant with a court of claims         2,143        

commissioner.  If, after filing the finding of fact and            2,144        

recommendation, the attorney general proves that the claimant      2,145        

received compensation from any other person or entity, including                

a collateral source, for an expense that was included within the   2,146        

award, the court of claims shall enter an order against the        2,148        

claimant that requires the claimant to repay to the state the      2,149        

part of the award that represents the expense for which the        2,150        

claimant received the compensation from the other person or                     

entity.                                                            2,151        

      (E)  THE REPARATIONS FUND IS AN ELIGIBLE RECIPIENT FOR       2,153        

PAYMENT OF RESTITUTION.                                            2,154        

      (F)  THE SUBROGATION RIGHT OF THE REPARATIONS FUND INCLUDES  2,156        

THE AMOUNT OF AN AWARD OF REPARATIONS ACTUALLY PAID TO A CLAIMANT  2,157        

OR TO ANOTHER PERSON ON THE CLAIMANT'S BEHALF AND A RIGHT OF       2,158        

PREPAYMENT FOR THE ANTICIPATED FUTURE PAYMENT OF AN AWARD OF       2,159        

REPARATIONS TO BE PAID BY REASON OF CRIMINALLY INJURIOUS CONDUCT.  2,160        

      (G)  THE SUBROGATION RIGHT OF THE REPARATIONS FUND IS        2,162        

ENFORCEABLE THROUGH THE FILING OF AN ACTION IN THE FRANKLIN        2,163        

COUNTY COURT OF COMMON PLEAS WITHIN SIX YEARS OF THE DATE OF THE   2,164        

LAST PAYMENT OF ANY PART OF AN AWARD OF REPARATIONS FROM THE       2,165        

FUND.  THE TIME OF AN OFFENDER'S IMPRISONMENT SHALL NOT BE         2,166        

COMPUTED AS ANY PART OF THIS PERIOD OF LIMITATION.  THIS           2,167        

SUBROGATION RIGHT MAY BE ESTABLISHED AND ENFORCED IN THE FRANKLIN  2,168        

COUNTY COURT OF COMMON PLEAS AS AGAINST THE HEIRS AND ASSIGNS OF   2,169        

                                                          49     


                                                                 
A SUBROGATION DEBTOR.                                                           

      (H)  AS A PREREQUISITE TO BRINGING AN ACTION TO RECOVER AN   2,171        

AWARD RELATED TO CRIMINALLY INJURIOUS CONDUCT UPON WHICH           2,172        

COMPENSATION IS CLAIMED OR AWARDED, THE CLAIMANT MUST GIVE THE     2,173        

ATTORNEY GENERAL PRIOR WRITTEN NOTICE OF THE PROPOSED ACTION.  IF  2,174        

AN ACTION IS INITIATED PRIOR TO A CLAIMANT FILING A REPARATIONS    2,175        

CLAIM OR SUPPLEMENTAL REPARATIONS CLAIM, THE CLAIMANT MUST GIVE    2,176        

THE ATTORNEY GENERAL WRITTEN NOTICE OF THE EXISTENCE OF THE        2,177        

ACTION.  AFTER RECEIVING EITHER NOTICE, THE ATTORNEY GENERAL       2,178        

PROMPTLY SHALL DO ONE OF THE FOLLOWING:                            2,179        

      (1)  JOIN IN THE ACTION AS A PARTY PLAINTIFF TO RECOVER ANY  2,182        

REPARATIONS AWARDED;                                                            

      (2)  REQUIRE THE CLAIMANT TO BRING THE ACTION IN THE         2,184        

CLAIMANT'S INDIVIDUAL NAME AS TRUSTEE ON BEHALF OF THE STATE TO    2,185        

RECOVER ANY REPARATIONS AWARDED;                                   2,186        

      (3)  RESERVE THE RIGHTS DESCRIBED IN DIVISION (H)(1) OR (2)  2,188        

OF THIS SECTION.                                                   2,189        

      IF, AS REQUESTED BY THE ATTORNEY GENERAL, THE CLAIMANT       2,191        

BRINGS THE ACTION AS TRUSTEE AND THE CLAIMANT RECOVERS             2,192        

COMPENSATION AWARDED BY THE REPARATIONS FUND, THE CLAIMANT MAY     2,193        

DEDUCT FROM THE COMPENSATION RECOVERED ON BEHALF OF THE STATE THE  2,194        

REASONABLE EXPENSES INCLUDING ATTORNEY'S FEES ALLOCABLE BY THE     2,195        

COURT FOR THAT RECOVERY.                                                        

      (I)  A CLAIMANT SHALL NOT SETTLE OR RESOLVE ANY ACTION       2,197        

ARISING OUT OF CRIMINALLY INJURIOUS CONDUCT WITHOUT WRITTEN        2,198        

AUTHORIZATION FROM THE ATTORNEY GENERAL TO DO SO.  ANY ATTEMPT BY  2,199        

A THIRD PARTY OR AN OFFENDER, OR AN AGENT, AN INSURER, OR          2,200        

ATTORNEYS OF THIRD PARTIES OR OFFENDERS, TO SETTLE AN ACTION IS    2,201        

VOID AND SHALL RESULT IN NO RELEASE FROM LIABILITY TO THE          2,202        

REPARATIONS FUND.                                                               

      (J)  IF THERE IS MORE THAN ONE OFFENDER IN CONNECTION WITH   2,204        

AN INSTANCE OF CRIMINALLY INJURIOUS CONDUCT, EACH OFFENDER IS      2,205        

JOINTLY AND SEVERALLY LIABLE TO PAY TO THE REPARATIONS FUND THE    2,206        

FULL AMOUNT OF THE REPARATIONS AWARD.                              2,207        

                                                          50     


                                                                 
      (K)  THE RIGHT OF THE REPARATIONS FUND TO REPAYMENT,         2,209        

REIMBURSEMENT, AND SUBROGATION UNDER SECTIONS 2743.711 AND         2,211        

2743.72 OF THE REVISED CODE IS AUTOMATIC, REGARDLESS OF WHETHER    2,212        

THE REPARATIONS FUND IS JOINED AS A PARTY IN AN ACTION BY A        2,213        

CLAIMANT AGAINST AN OFFENDER OR THIRD PARTY IN CONNECTION WITH     2,214        

CRIMINALLY INJURIOUS CONDUCT.                                      2,215        

      (L)  THE REPARATIONS FUND, THROUGH THE ATTORNEY GENERAL,     2,217        

MAY ASSERT ITS REPAYMENT, REIMBURSEMENT, OR SUBROGATION RIGHTS     2,218        

THROUGH CORRESPONDENCE WITH THE CLAIMANT, OFFENDER, OR THIRD       2,219        

PARTY, OR THEIR LEGAL REPRESENTATIVES.  THE ASSERTION IS NOT TO    2,220        

BE CONSIDERED THE ASSERTION OF A CONSUMER DEBT.                    2,221        

      (M)  THE REPARATIONS FUND, THROUGH THE ATTORNEY GENERAL,     2,223        

MAY INSTITUTE AND PURSUE LEGAL PROCEEDINGS AGAINST AN OFFENDER,    2,224        

THIRD PARTY, OR OVERPAID CLAIMANT.  IN ACTIONS AGAINST AN          2,225        

OFFENDER OR THIRD PARTY, THE CLAIMANT AND VICTIM ARE NOT           2,226        

NECESSARY PARTIES TO THE ACTION.                                   2,227        

      (N)  THE COSTS AND ATTORNEY'S FEES OF THE ATTORNEY GENERAL   2,229        

IN ENFORCING THE REPARATIONS FUND'S REIMBURSEMENT, REPAYMENT, OR   2,230        

SUBROGATION RIGHTS ARE FULLY RECOVERABLE FROM THE LIABLE           2,231        

OFFENDER, THIRD PARTY, OR OVERPAID CLAIMANT.                       2,232        

      (O)  All moneys that are collected by the state pursuant to  2,235        

its rights of subrogation as provided in division (A) or (B) of    2,236        

this section or pursuant to the attorney general's authority to    2,237        

recover some or all of an award of reparations that is granted     2,238        

pursuant to division (C) or (D) of this section shall be           2,239        

deposited in the reparations fund.                                 2,240        

      Sec. 2907.28.  (A)  Any cost incurred by a hospital or       2,249        

other emergency medical facility in conducting a medical           2,250        

examination of a victim of an offense under any provision of       2,251        

sections 2907.02 to 2907.06 of the Revised Code for the purpose    2,252        

of gathering physical evidence for a possible prosecution shall    2,253        

be charged to and paid by the appropriate local government as      2,254        

follows:                                                           2,255        

      (1)  Cost incurred by a county facility shall be charged to  2,257        

                                                          51     


                                                                 
and paid by the county;                                            2,258        

      (2)  Cost incurred by a municipal facility shall be charged  2,260        

to and paid by the municipal corporation;                          2,261        

      (3)  Cost incurred by a private facility shall be charged    2,263        

to and paid by the municipal corporation in which the alleged      2,264        

offense was committed, or charged to and paid by the county, if    2,265        

committed within an unincorporated area.  If separate counts of    2,266        

an offense or separate offenses under any provisions of sections   2,267        

2907.02 to 2907.06 of the Revised Code took place in more than     2,268        

one municipal corporation or more than one unincorporated area,    2,269        

or both, the local governments shall share the cost of the         2,270        

examination.                                                       2,271        

      (B)  OUT OF THE REPARATIONS FUND ESTABLISHED PURSUANT TO     2,274        

SECTION 2743.191 OF THE REVISED CODE, SUBJECT TO THE FOLLOWING     2,275        

CONDITIONS:                                                                     

      (1)  THE HOSPITAL OR EMERGENCY FACILITY SHALL FOLLOW         2,277        

PROTOCOL ADOPTED BY THE OHIO DEPARTMENT OF HEALTH FOR CONDUCTING   2,278        

A MEDICAL EXAMINATION OF A VICTIM OF AN OFFENSE UNDER ANY          2,279        

PROVISION OF SECTIONS 2907.02 TO 2907.06 OF THE REVISED CODE FOR   2,280        

THE PURPOSE OF GATHERING PHYSICAL EVIDENCE FOR A POSSIBLE          2,281        

PROSECUTION AND SHALL USE A SEXUAL EXAMINATION KIT THAT MEETS      2,282        

THAT PROTOCOL.                                                                  

      (2)  THE HOSPITAL OR EMERGENCY FACILITY SHALL SUBMIT         2,284        

REQUESTS FOR PAYMENT TO THE ATTORNEY GENERAL ON A MONTHLY BASIS,   2,285        

THROUGH A PROCEDURE DETERMINED BY THE ATTORNEY GENERAL AND ON      2,286        

FORMS APPROVED BY THE ATTORNEY GENERAL.  THE REQUESTS SHALL        2,287        

IDENTIFY THE NUMBER OF SEXUAL ASSAULT EXAMINATIONS PERFORMED AND   2,288        

SHALL VERIFY THAT ALL REQUIRED PROTOCOLS WERE MET FOR EACH         2,289        

EXAMINATION FORM SUBMITTED FOR PAYMENT IN THE REQUEST.             2,290        

      (3)  THE ATTORNEY GENERAL SHALL REVIEW ALL REQUESTS FOR      2,292        

PAYMENT THAT ARE SUBMITTED UNDER DIVISION (A)(2) OF THIS SECTION   2,293        

AND SHALL SUBMIT FOR PAYMENT AS DESCRIBED IN DIVISION (A)(5) OF    2,294        

THIS SECTION ALL REQUESTS THAT MEET THE REQUIREMENTS OF THIS       2,295        

SECTION.                                                                        

                                                          52     


                                                                 
      (4)  THE HOSPITAL OR EMERGENCY FACILITY SHALL ACCEPT A FLAT  2,297        

FEE PAYMENT FOR CONDUCTING EACH EXAMINATION IN THE AMOUNT          2,298        

DETERMINED BY THE ATTORNEY GENERAL PURSUANT TO CHAPTER 119. OF     2,299        

THE REVISED CODE AS PAYMENT IN FULL FOR ANY COST INCURRED IN       2,300        

CONDUCTING A MEDICAL EXAMINATION AND TEST OF A VICTIM OF AN        2,301        

OFFENSE UNDER ANY PROVISION OF SECTIONS 2907.02 TO 2907.06 OF THE  2,302        

REVISED CODE FOR THE PURPOSE OF GATHERING PHYSICAL EVIDENCE FOR A               

POSSIBLE PROSECUTION OF A PERSON.  THE ATTORNEY GENERAL SHALL      2,303        

DETERMINE A FLAT FEE PAYMENT AMOUNT TO BE PAID UNDER THIS          2,304        

DIVISION THAT IS REASONABLE.                                                    

      (5)  IN APPROVING A PAYMENT UNDER THIS SECTION, THE          2,307        

ATTORNEY GENERAL SHALL ORDER THE PAYMENT AGAINST THE STATE AND     2,308        

THE DIRECTOR OF BUDGET AND MANAGEMENT AS ITS AGENT FOR PAYMENT.    2,309        

THE PAYMENT SHALL BE ACCOMPLISHED ONLY THROUGH THE FOLLOWING       2,310        

PROCEDURE, AND THE PROCEDURE MAY BE ENFORCED THROUGH A MANDAMUS                 

ACTION AND A WRIT OF MANDAMUS DIRECTED TO THE APPROPRIATE          2,311        

OFFICIAL:                                                          2,312        

      (a)  THE ATTORNEY GENERAL SHALL CERTIFY THE ATTORNEY         2,314        

GENERAL'S APPROVAL OF THE PAYMENT AND SHALL FILE THE               2,315        

CERTIFICATION WITH THE DIRECTOR OF BUDGET AND MANAGEMENT.          2,317        

      (b)  UPON RECEIPT OF THE ATTORNEY GENERAL'S CERTIFICATION    2,319        

OF APPROVAL OF PAYMENT, THE DIRECTOR SHALL PROVIDE FOR PAYMENT IN  2,320        

THE AMOUNT SET FORTH IN THE CERTIFICATION.                         2,322        

      (c)  THE EXPENSE OF THE PAYMENT OF THE AMOUNT DESCRIBED IN   2,324        

DIVISION (A)(5)(b) OF THIS SECTION SHALL BE CHARGED AGAINST ALL    2,326        

AVAILABLE UNENCUMBERED MONEYS IN THE REPARATIONS FUND.             2,327        

      (B)  NO COSTS INCURRED BY A HOSPITAL OR EMERGENCY FACILITY   2,329        

IN CONDUCTING A MEDICAL EXAMINATION AND TEST OF ANY VICTIM OF AN   2,330        

OFFENSE UNDER ANY PROVISION OF SECTIONS 2907.02 TO 2907.06 OF THE  2,331        

REVISED CODE FOR THE PURPOSE OF GATHERING PHYSICAL EVIDENCE FOR A  2,333        

POSSIBLE PROSECUTION OF A PERSON SHALL BE BILLED OR CHARGED                     

DIRECTLY OR INDIRECTLY TO THE VICTIM OR THE VICTIM'S INSURER.      2,334        

      (C)  Any cost incurred by a hospital or other emergency      2,337        

medical facility in conducting a medical examination and test of   2,338        

                                                          53     


                                                                 
any person who is charged with a violation of section 2907.02,     2,339        

2907.03, 2907.04, 2907.05, 2907.12, 2907.24, 2907.241, or 2907.25  2,341        

of the Revised Code or with a violation of a municipal ordinance   2,342        

that is substantially equivalent to any of those sections,         2,343        

pursuant to division (B) of section 2907.27 of the Revised Code,   2,344        

shall be charged to and paid by the accused who undergoes the      2,345        

examination and test, unless the court determines that the         2,346        

accused is unable to pay, in which case the cost shall be charged  2,347        

to and paid by the municipal corporation in which the offense      2,349        

allegedly was committed, or charged to and paid by the county if   2,350        

the offense allegedly was committed within an unincorporated       2,351        

area.  If separate counts of an alleged offense or alleged         2,352        

separate offenses under section 2907.02, 2907.03, 2907.04,         2,353        

2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised     2,355        

Code or under a municipal ordinance that is substantially          2,356        

equivalent to any of those sections took place in more than one    2,357        

municipal corporation or more than one unincorporated area, or     2,358        

both, the local governments shall share the cost of the            2,359        

examination and test.  If a hospital or other emergency medical    2,360        

facility has submitted charges for the cost of a medical           2,361        

examination and test to an accused and has been unable to collect  2,362        

payment for the charges after making good faith attempts to        2,363        

collect for a period of six months or more, the cost shall be      2,364        

charged to and paid by the appropriate municipal corporation or    2,365        

county as specified in division (B)(C) of this section.            2,366        

      Section 2.  That existing sections 2743.191, 2743.51,        2,368        

2743.52, 2743.53, 2743.54, 2743.55, 2743.56, 2743.58, 2743.59,     2,369        

2743.60, 2743.61, 2743.62, 2743.63, 2743.64, 2743.65, 2743.66,     2,370        

2743.68, 2743.69, 2743.71, 2743.72, and 2907.28 and sections       2,371        

2743.57 and 2743.67 of the Revised Code are hereby repealed.       2,372        

      Section 3.  For purposes of an application for an award of   2,374        

reparations under sections 2743.51 to 2743.72 of the Revised       2,375        

Code, economic loss incurred prior to the effective date of this   2,376        

act shall be determined in accordance with the law in effect at    2,377        

                                                          54     


                                                                 
the time of the filing of the application, and economic loss       2,378        

incurred on or after the effective date of this act shall be       2,379        

determined in accordance with the provisions of this act.          2,380        

      If the Attorney General has filed a finding of fact and      2,382        

recommendation with respect to a claim in accordance with section  2,383        

2743.59 of the Revised Code prior to the effective date of this    2,384        

act, the claim shall be determined procedurally in accordance      2,385        

with the law in effect at the time of the filing of the finding    2,386        

of fact and recommendation.  If the Attorney General has not       2,387        

filed a finding of fact and recommendation with respect to a       2,388        

claim in accordance with section 2743.59 of the Revised Code       2,389        

prior to the effective date of this act, the claim shall be        2,390        

determined procedurally in accordance with the provisions of this  2,391        

act.                                                                            

      Attorney's fees incurred on an application or supplemental   2,393        

application for an award of reparations under sections 2743.51 to  2,394        

2743.72 of the Revised Code filed prior to the effective date of   2,395        

this act shall be determined in accordance with the law in effect  2,396        

at the time of filing of the application, and attorney's fees      2,397        

incurred on an application or supplemental application filed on    2,398        

or after the effective date of this act shall be determined in     2,399        

accordance with the provisions of this act.                        2,400        

      Section 4.  Section 2907.28 of the Revised Code is           2,402        

presented in this act as a composite of the section as amended by  2,403        

both Sub. H.B. 40 and Am. Sub. H.B. 445 of the 121st General       2,404        

Assembly, with the new language of neither of the acts shown in    2,405        

capital letters.  This is in recognition of the principle stated   2,406        

in division (B) of section 1.52 of the Revised Code that such      2,407        

amendments are to be harmonized where not substantively            2,408        

irreconcilable and constitutes a legislative finding that such is  2,409        

the resulting version in effect prior to the effective date of     2,410        

this act.                                                                       

      Section 5.  Sections 1, 2, 3, and 4 of this act shall take   2,412        

effect July 1, 2000.                                               2,413        

                                                          55     


                                                                 
      Section 6.  Notwithstanding any other provision of law to    2,415        

the contrary, the Director of Budget and Management shall          2,416        

transfer $1,000,000 cash in fiscal year 2000 from the Reparations  2,418        

Fund (Fund 402) to the General Operations Fund created in section  2,419        

3701.83 of the Revised Code (Fund 470) in the Department of                     

Health no later than 15 days after the effective date of this      2,420        

act.                                                                            

      Notwithstanding any other provision of law to the contrary,  2,422        

the Director of Budget and Management shall transfer $1,500,000    2,423        

cash in fiscal year 2001 from the Reparations Fund (Fund 402) to   2,424        

the General Operations Fund created in section 3701.83 of the      2,425        

Revised Code (Fund 470) in the Department of Health no later than  2,426        

July 15, 2000.                                                                  

      Section 7.  All items in this section are hereby             2,428        

appropriated as designated out of any moneys in the state          2,429        

treasury to the credit of the General Operations Fund created by   2,430        

section 3701.83 of the Revised Code.  For all appropriations made  2,431        

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      2,432        

appropriations made in this act are in addition to any other       2,434        

appropriations made for the 1999-2001 biennium.                                 

                    DOH  DEPARTMENT OF HEALTH                      2,435        

State Special Revenue Fund Group                                   2,437        

470 440-618 General Operations    $    1,000,000 $    1,500,000    2,442        

TOTAL SSR State Special Revenue                                    2,443        

   Fund Group                     $    1,000,000 $    1,500,000    2,446        

TOTAL ALL BUDGET FUND GROUPS      $    1,000,000 $    1,500,000    2,449        

      Sexual Assault Prevention and Intervention                   2,452        

      Of the foregoing appropriation item 440-618, General         2,454        

Operations, $1,000,000 in fiscal year 2000 and $1,500,000 in       2,455        

fiscal year 2001 shall be used for the following purposes:         2,456        

      (A)  Funding of new services in counties with no services    2,458        

for sexual assault;                                                             

      (B)  Expansion of services in currently funded projects so   2,460        

                                                          56     


                                                                 
that comprehensive crisis intervention and prevention services     2,461        

are offered;                                                                    

      (C)  Start-up funding for Sexual Assault Nurse Examiner      2,463        

(SANE) projects; and                                                            

      (D)  Statewide expansion of local outreach and public        2,465        

awareness efforts.                                                              

      Within the limits set forth in this act, the Director of     2,467        

Budget and Management shall establish accounts indicating source   2,468        

and amount of funds for each appropriation made in this act, and   2,469        

shall determine the form and manner in which appropriation         2,470        

accounts shall be maintained.  Expenditures from appropriations    2,471        

contained in this act shall be accounted for as though made in                  

Am. Sub. H.B. 283 of the 123rd General Assembly.                   2,472        

      The appropriations made in this act are subject to all       2,474        

provisions of Am. Sub. H.B. 283 of the 123rd General Assembly      2,475        

that are generally applicable to such appropriations.              2,476