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
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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
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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
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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
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(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
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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
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(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
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"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
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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
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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
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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
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(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
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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
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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
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(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;
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(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