As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 153 5
1999-2000 6
SENATORS SPADA-LATTA-CUPP-BRADY-DRAKE-KEARNS-OELSLAGER- 8
WACHTMANN-WATTS-NEIN-HAGAN-ESPY-GARDNER 9
_________________________________________________________________ 11
A B I L L
To amend sections 2743.191, 2743.51, 2743.52, 13
2743.53, 2743.54, 2743.55, 2743.56, 2743.58, 14
2743.59, 2743.60, 2743.61, 2743.62, 2743.63, 15
2743.64, 2743.65, 2743.66, 2743.68, 2743.69,
2743.71, 2743.72, and 2907.28, to enact new 16
section 2743.67 and sections 2743.521 and 17
2743.711, and to repeal sections 2743.57 and
2743.67 of the Revised Code to transfer from the 19
Court of Claims to the Attorney General as of
July 1, 2000, the responsibility to make awards 21
of reparations under the Crime Victims
Reparations Law; to expand the benefits available 23
under that law to also include reimbursement for 24
crime scene cleanup and property destroyed by
evidence collection; to eliminate the filing fee 25
for an application requesting an award of 26
reparations under that law; to make other changes
in that law; and to make an appropriation. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 2743.191, 2743.51, 2743.52, 31
2743.53, 2743.54, 2743.55, 2743.56, 2743.58, 2743.59, 2743.60, 32
2743.61, 2743.62, 2743.63, 2743.64, 2743.65, 2743.66, 2743.68, 33
2743.69, 2743.71, 2743.72, and 2907.28 be amended and new section 34
2743.67 and sections 2743.521 and 2743.711 of the Revised Code be 36
enacted to read as follows: 37
2
Sec. 2743.191. (A) There is hereby created in the state 46
treasury the reparations fund, which shall be used only for the 47
payment of awards of reparations that are granted by the court of 48
claims commissioners ATTORNEY GENERAL, the compensation of the 49
court of claims commissioners, the compensation of judges 51
necessary to hear and determine appeals from the commissioners, 52
the compensation of any personnel needed by the court of claims 53
ATTORNEY GENERAL AND THE COURT OF CLAIMS to administer sections 55
2743.51 to 2743.72 of the Revised Code, the compensation of 56
witnesses as provided in division (B) of section 2743.65 of the 57
Revised Code, other administrative costs of hearing and 58
determining claims for an award of reparations by the court of 59
claims commissioners and ATTORNEY GENERAL, OTHER ADMINISTRATIVE 60
COSTS of hearing and determining appeals from the BY A COURT OF 63
CLAIMS PANEL OF commissioners AND by A JUDGE OF the court of 64
claims, the costs of administering sections 2907.29 AND 2969.01 66
to 2969.06 of the Revised Code, the costs of investigation and 68
recommendation DECISION-MAKING as certified by the attorney 70
general, the provision of state financial assistance to victim 71
assistance programs in accordance with sections 109.91 and 109.92 72
of the Revised Code, THE COSTS OF PAYING THE EXPENSES OF SEX 74
OFFENSE-RELATED EXAMINATIONS AND ANTIBIOTICS PURSUANT TO SECTION 75
2907.28 OF THE REVISED CODE, the cost of printing and 76
distributing the pamphlet prepared by the attorney general 77
pursuant to section 109.42 of the Revised Code, and, subject to 78
division (D) of section 2743.71 of the Revised Code, the costs 79
associated with the printing and providing of information cards 80
or other printed materials to law enforcement agencies and 81
prosecuting authorities and with publicizing the availability of 82
awards of reparations pursuant to section 2743.71 of the Revised 83
Code. All costs paid pursuant to section 2743.70 of the Revised 84
Code, the fifty-dollar portions of license reinstatement fees 85
mandated by division (L)(2)(b) of section 4511.191 of the Revised 86
Code to be credited to the fund, the portions of the proceeds of 87
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the sale of a forfeited vehicle specified in division (D)(2) of 88
section 4503.234 of the Revised Code, payments collected by the 90
department of rehabilitation and correction from prisoners who 91
voluntarily participate in an approved work and training program
pursuant to division (C)(8)(b)(ii) of section 5145.16 of the 93
Revised Code, and all moneys collected by the state pursuant to 95
its right of subrogation provided in section 2743.72 of the 96
Revised Code shall be deposited in the fund.
(B) In making an award of reparations, a single 98
commissioner or a panel of court of claims commissioners THE 99
ATTORNEY GENERAL shall render the award against the state and the 101
director of budget and management as its agent for payment of the 102
award. The award shall be accomplished only through the 103
following procedure, which AND THE FOLLOWING PROCEDURE may be 105
enforced by writ of mandamus directed to the appropriate
official: 106
(1) The clerk of the court of claims ATTORNEY GENERAL 108
shall forward a certified copy of the order granting the award 110
CERTIFY to the director for payment THE ATTORNEY GENERAL'S 112
DECISION, A COURT OF CLAIMS PANEL OF COMMISSIONERS' ORDER, OR A 113
JUDGMENT OF THE COURT OF CLAIMS GRANTING THE AWARD. 114
(2) Upon receipt of the certified copy of the order 116
granting the award from the clerk CERTIFICATION OF THE DECISION 117
of the ATTORNEY GENERAL, THE ORDER OF A court of claims PANEL OF 118
COMMISSIONERS, OR A JUDGMENT OF THE COURT OF CLAIMS pursuant to 120
division (B)(1) of this section, the director shall provide for 121
payment of the claimant, an assignee of the claimant, or the
claimant and the claimant's assignee OR PROVIDERS in the amount 122
of the award set forth in the certified copy of the order. 124
If the award is to be paid in installments, the director 126
shall provide for payment of the amount of the award that will 127
fall due during the current appropriation period. 128
(3) The expense shall be charged against all available 130
unencumbered moneys in the fund. 131
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(4) If the director determines that sufficient 133
unencumbered moneys do not exist in the fund, the director shall 135
make application for payment of the award out of the emergency 136
purposes account or any other appropriation for emergencies or 137
contingencies, and payment out of this account or other 138
appropriation shall be authorized if there are sufficient moneys 139
greater than the sum total of then pending emergency purposes 140
account requests or requests for releases from the other 141
appropriations. 142
(5) If sufficient moneys do not exist in the account or 144
any other appropriation for emergencies or contingencies to pay 145
the award, the director shall request the general assembly to 146
make an appropriation sufficient to pay the award, and no payment 147
shall be made until the appropriation has been made. The 148
director shall make this appropriation request during the current 149
biennium and during each succeeding biennium until a sufficient 150
appropriation is made. If, prior to the time that an 151
appropriation is made by the general assembly pursuant to this 152
division, the fund has sufficient unencumbered funds to pay the 153
award or part of the award, the available funds shall be used to 154
pay the award or part of the award, and the appropriation request 155
shall be amended to request only sufficient funds to pay that 156
part of the award that is unpaid. 157
(C) No THE ATTORNEY GENERAL SHALL NOT CERTIFY A DECISION 159
OR order granting an award shall be forwarded by the clerk of the 161
court of claims to the director until all appeals have been 162
determined and all rights to appeal exhausted, except as 163
otherwise provided in this section. If any party to a claim for 164
an award of reparations appeals from only a portion of an award, 165
and a remaining portion provides for the payment of money by the 166
state, a certified copy of the DECISION, order, OR JUDGMENT, 167
together with a copy of the notice of appeal, shall be forwarded 168
to the director, and that part of the award calling for the 169
payment of money by the state and not a subject of the appeal 170
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shall be processed for payment as described in this section. 171
(D) The attorney general shall submit to the clerk of the 173
court of claims DIRECTOR itemized bills for the costs of printing 174
and distributing the pamphlet the attorney general prepares 176
pursuant to section 109.42 of the Revised Code. The itemized 177
bills shall set forth the name and address of the persons owed 179
the amounts set forth in them. Upon submission of the itemized 180
bills, the clerk DIRECTOR shall provide for their payment. 182
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of 191
the Revised Code: 192
(A) "Claimant" means both of the following categories of 194
persons: 195
(1) Any of the following persons who claim an award of 197
reparations under sections 2743.51 to 2743.72 of the Revised 198
Code: 199
(a) A victim who was one of the following at the time of 201
the criminally injurious conduct: 202
(i) A resident of the United States; 204
(ii) A resident of a foreign country the laws of which 206
permit residents of this state to recover compensation as victims 207
of offenses committed in that country. 208
(b) A dependent of a deceased victim who is described in 210
division (A)(1)(a) of this section; 211
(c) A third person, other than a collateral source, who 213
legally assumes or voluntarily pays the obligations of a victim, 214
or of a dependent of a victim, who is described in division 215
(A)(1)(a) of this section, which obligations are incurred as a 216
result of the criminally injurious conduct that is the subject of 217
the claim and may include, but are not limited to, medical or 218
burial expenses; 219
(d) A person who is authorized to act on behalf of any 221
person who is described in division (A)(1)(a), (b), or (c) of 222
this section. 223
(2) Any of the following persons who claim an award of 225
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reparations under sections 2743.51 to 2743.72 of the Revised 226
Code: 227
(a) A victim who had a permanent place of residence within 229
this state at the time of the criminally injurious conduct and 230
who, at the time of the criminally injurious conduct, complied 231
with any one of the following: 232
(i) Had a permanent place of employment in this state; 234
(ii) Was a member of the regular armed forces of the 236
United States or of the United States coast guard or was a 237
full-time member of the Ohio organized militia or of the United 238
States army reserve, naval reserve, or air force reserve; 239
(iii) Was retired and receiving social security or any 241
other retirement income; 242
(iv) Was sixty years of age or older; 244
(v) Was temporarily in another state for the purpose of 246
receiving medical treatment; 247
(vi) Was temporarily in another state for the purpose of 249
performing employment-related duties required by an employer 250
located within this state as an express condition of employment 251
or employee benefits; 252
(vii) Was temporarily in another state for the purpose of 254
receiving occupational, vocational, or other job-related training 255
or instruction required by an employer located within this state 256
as an express condition of employment or employee benefits; 257
(viii) Was a full-time student at an academic institution, 259
college, or university located in another state; 260
(ix) Had not departed the geographical boundaries of this 262
state for a period exceeding thirty days or with the intention of 263
becoming a citizen of another state or establishing a permanent 264
place of residence in another state. 265
(b) A dependent of a deceased victim who is described in 267
division (A)(2)(a) of this section; 268
(c) A third person, other than a collateral source, who 270
legally assumes or voluntarily pays the obligations of a victim, 271
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or of a dependent of a victim, who is described in division 272
(A)(2)(a) of this section, which obligations are incurred as a 273
result of the criminally injurious conduct that is the subject of 274
the claim and may include, but are not limited to, medical or 275
burial expenses; 276
(d) A person who is authorized to act on behalf of any 278
person who is described in division (A)(2)(a), (b), or (c) of 279
this section. 280
(B) "Collateral source" means a source of benefits or 282
advantages for economic loss otherwise reparable that the victim 283
or claimant has received, or that is readily available to the 284
victim or claimant, from any of the following sources: 285
(1) The offender; 287
(2) The government of the United States or any of its 289
agencies, a state or any of its political subdivisions, or an 290
instrumentality of two or more states, unless the law providing 291
for the benefits or advantages makes them excess or secondary to 292
benefits under sections 2743.51 to 2743.72 of the Revised Code; 293
(3) Social security, medicare, and medicaid; 295
(4) State-required, temporary, nonoccupational disability 297
insurance; 298
(5) Workers' compensation; 300
(6) Wage continuation programs of any employer; 302
(7) Proceeds of a contract of insurance payable to the 304
victim for loss that the victim sustained because of the 305
criminally injurious conduct; 307
(8) A contract providing prepaid hospital and other health 309
care services, or benefits for disability; 310
(9) That portion of the proceeds of all contracts of 312
insurance payable to the claimant on account of the death of the 313
victim that exceeds fifty thousand dollars; 314
(10) Any compensation recovered or recoverable under the 316
laws of another state, district, territory, or foreign country 317
because the victim was the victim of an offense committed in that 318
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state, district, territory, or country. 319
"Collateral source" does not include any money, or the 321
monetary value of any property, that is subject to sections 322
2969.01 to 2969.06 of the Revised Code. 323
(C) "Criminally injurious conduct" means one of the 325
following: 326
(1) For the purposes of any person described in division 328
(A)(1) of this section, any conduct that occurs or is attempted 329
in this state; poses a substantial threat of personal injury or 330
death; and is punishable by fine, imprisonment, or death, or 331
would be so punishable but for the fact that the person engaging 332
in the conduct lacked capacity to commit the crime under the laws 333
of this state. Criminally injurious conduct does not include 334
conduct arising out of the ownership, maintenance, or use of a 335
motor vehicle, except when any of the following applies: 336
(a) The person engaging in the conduct intended to cause 338
personal injury or death; 339
(b) The person engaging in the conduct was using the 341
vehicle to flee immediately after committing a felony or an act 342
that would constitute a felony but for the fact that the person 343
engaging in the conduct lacked the capacity to commit the felony 344
under the laws of this state; 345
(c) The person engaging in the conduct was using the 347
vehicle in a manner that constitutes an OMVI violation; 348
(d) The conduct occurred on or after July 25, 1990, and 350
the person engaging in the conduct was using the vehicle in a 351
manner that constitutes a violation of section 2903.08 of the 352
Revised Code. 353
(2) For the purposes of any person described in division 355
(A)(2) of this section, any conduct that occurs or is attempted 356
in another state, district, territory, or foreign country; poses 357
a substantial threat of personal injury or death; and is 358
punishable by fine, imprisonment, or death, or would be so 359
punishable but for the fact that the person engaging in the 360
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conduct lacked capacity to commit the crime under the laws of the 361
state, district, territory, or foreign country in which the 362
conduct occurred or was attempted. Criminally injurious conduct 363
does not include conduct arising out of the ownership, 364
maintenance, or use of a motor vehicle, except when any of the 365
following applies: 366
(a) The person engaging in the conduct intended to cause 368
personal injury or death; 369
(b) The person engaging in the conduct was using the 371
vehicle to flee immediately after committing a felony or an act 372
that would constitute a felony but for the fact that the person 373
engaging in the conduct lacked the capacity to commit the felony 374
under the laws of the state, district, territory, or foreign 375
country in which the conduct occurred or was attempted; 376
(c) The person engaging in the conduct was using the 378
vehicle in a manner that constitutes an OMVI violation; 379
(d) The conduct occurred on or after July 25, 1990, the 381
person engaging in the conduct was using the vehicle in a manner 382
that constitutes a violation of any law of the state, district, 383
territory, or foreign country in which the conduct occurred, and 384
that law is substantially similar to a violation of section 385
2903.08 of the Revised Code. 386
(3) For the purposes of any person described in division 388
(A)(1) or (2) of this section, terrorism that occurs within or 389
outside the territorial jurisdiction of the United States. 390
(D) "Dependent" means an individual wholly or partially 392
dependent upon the victim for care and support, and includes a 393
child of the victim born after the victim's death. 394
(E) "Economic loss" means economic detriment consisting 396
only of allowable expense, work loss, funeral expense, 397
unemployment benefits loss, and replacement services loss, COST 399
OF CRIME SCENE CLEANUP, AND COST OF EVIDENCE REPLACEMENT. If
criminally injurious conduct causes death, economic loss includes 400
a dependent's economic loss and a dependent's replacement 401
10
services loss. Noneconomic detriment is not economic loss; 402
however, economic loss may be caused by pain and suffering or 403
physical impairment. 404
(F)(1) "Allowable expense" means reasonable charges 406
incurred for reasonably needed products, services, and 407
accommodations, including those for medical care, rehabilitation, 408
rehabilitative occupational training, and other remedial 409
treatment and care and including replacement costs for eyeglasses 410
and other corrective lenses. It does not include that portion of 411
a charge for a room in a hospital, clinic, convalescent home, 412
nursing home, or any other institution engaged in providing 413
nursing care and related services in excess of a reasonable and 414
customary charge for semiprivate accommodations, unless 415
accommodations other than semiprivate accommodations are 416
medically required.
(2) AN IMMEDIATE FAMILY MEMBER OF A VICTIM OF CRIMINALLY 419
INJURIOUS CONDUCT THAT CONSISTS OF A HOMICIDE, A SEXUAL ASSAULT,
DOMESTIC VIOLENCE, OR A SEVERE AND PERMANENT INCAPACITATING 420
INJURY RESULTING IN PARAPLEGIA OR A SIMILAR LIFE-ALTERING 422
CONDITION, WHO REQUIRES PSYCHIATRIC CARE OR COUNSELING AS A 423
RESULT OF THE CRIMINALLY INJURIOUS CONDUCT, MAY BE REIMBURSED FOR 424
THAT CARE OR COUNSELING AS AN ALLOWABLE EXPENSE THROUGH THE
VICTIM'S APPLICATION. THE CUMULATIVE ALLOWABLE EXPENSE FOR CARE 425
OR COUNSELING OF THAT NATURE FOR EACH FAMILY MEMBER OF A VICTIM 426
OF THAT TYPE SHALL NOT EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS. 427
(G) "Work loss" means loss of income from work that the 430
injured person would have performed if the person had not been 432
injured and expenses reasonably incurred by the person to obtain 433
services in lieu of those the person would have performed for 435
income, reduced by any income from substitute work actually 437
performed by the person, or by income the person would have 439
earned in available appropriate substitute work that the person 441
was capable of performing but unreasonably failed to undertake. 443
(H) "Replacement services loss" means expenses reasonably 445
11
incurred in obtaining ordinary and necessary services in lieu of 446
those the injured person would have performed, not for income, 447
but for the benefit of the person's self or family, if the person 449
had not been injured. 450
(I) "Dependent's economic loss" means loss after a 452
victim's death of contributions of things of economic value to 453
the victim's dependents, not including services they would have 455
received from the victim if the victim had not suffered the fatal 456
injury, less expenses of the dependents avoided by reason of the 457
victim's death. If a minor child of a victim is adopted after 458
the victim's death, the minor child continues after the adoption 459
to incur a dependent's economic loss as a result of the victim's 460
death. If the surviving spouse of a victim remarries, the 461
surviving spouse continues after the remarriage to incur a
dependent's economic loss as a result of the victim's death. 462
(J) "Dependent's replacement services loss" means loss 464
reasonably incurred by dependents after a victim's death in 465
obtaining ordinary and necessary services in lieu of those the 466
victim would have performed for their benefit if the victim had 468
not suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in 469
calculating the dependent's economic loss. If a minor child of a 470
victim is adopted after the victim's death, the minor child 471
continues after the adoption to incur a dependent's replacement 472
services loss as a result of the victim's death. If the 473
surviving spouse of a victim remarries, the surviving spouse
continues after the remarriage to incur a dependent's replacement 474
services loss as a result of the victim's death. 475
(K) "Noneconomic detriment" means pain, suffering, 477
inconvenience, physical impairment, or other nonpecuniary damage. 478
(L) "Victim" means a person who suffers personal injury or 480
death as a result of any of the following: 481
(1) Criminally injurious conduct; 483
(2) The good faith effort of any person to prevent 485
12
criminally injurious conduct; 486
(3) The good faith effort of any person to apprehend a 488
person suspected of engaging in criminally injurious conduct. 489
(M) "Contributory misconduct" means any conduct of the 491
claimant or of the victim through whom the claimant claims an 492
award of reparations that is unlawful or intentionally tortious 493
and that, without regard to the conduct's proximity in time or 494
space to the criminally injurious conduct, has a causal 495
relationship to the criminally injurious conduct that is the 496
basis of the claim. 497
(N) "Funeral expense" means any reasonable charges that 499
are not in excess of five thousand dollars per funeral and that 501
are incurred for expenses directly related to a victim's funeral, 503
cremation, or burial.
(O) "Unemployment benefits loss" means a loss of 505
unemployment benefits pursuant to Chapter 4141. of the Revised 506
Code when the loss arises solely from the inability of a victim 507
to meet the able to work, available for suitable work, or the 508
actively seeking suitable work requirements of division (A)(4)(a) 509
of section 4141.29 of the Revised Code. 510
(P) "OMVI violation" means any of the following: 512
(1) A violation of section 4511.19 of the Revised Code, of 514
any municipal ordinance prohibiting the operation of a vehicle 515
while under the influence of alcohol, a drug of abuse, or alcohol 516
and a drug of abuse, or of any municipal ordinance prohibiting 517
the operation of a vehicle with a prohibited concentration of 518
alcohol in the blood, breath, or urine; 519
(2) A violation of section 2903.06 of the Revised Code, if 521
the offender was under the influence of alcohol, a drug of abuse, 522
or alcohol and a drug of abuse, at the time of the commission of 523
the offense; 524
(3) A violation of section 2903.07 of the Revised Code or 526
of a municipal ordinance substantially similar to that section, 527
if the offender was under the influence of alcohol, a drug of 528
13
abuse, or alcohol and a drug of abuse, at the time of the 529
commission of the offense; 530
(4) For purposes of any person described in division 532
(A)(2) of this section, a violation of any law of the state, 533
district, territory, or foreign country in which the criminally 534
injurious conduct occurred, if that law is substantially similar 535
to a violation described in division (P)(1) of this section or if 536
that law is substantially similar to a violation described in 537
division (P)(2) or (3) of this section and the offender was under 538
the influence of alcohol, a drug of abuse, or alcohol and a drug 539
of abuse, at the time of the commission of the offense. 540
(Q) "Pendency of the claim" for an original reparations 542
application or supplemental reparations application means the 543
period of time from the date the criminally injurious conduct 544
upon which the application is based occurred until the date a 545
final order from the court of claims concerning that original 546
reparations application or supplemental reparations application 547
is issued.
(R) "Terrorism" means any activity to which all of the 550
following apply:
(1) The activity involves a violent act or an act that is 552
dangerous to human life. 553
(2) The act described in division (R)(1) of this section 556
is committed within the territorial jurisdiction of the United 558
States and is a violation of the criminal laws of the United 560
States, this state, or any other state or the act described in 562
division (R)(1) of this section is committed outside the 564
territorial jurisdiction of the United States and would be a 566
violation of the criminal laws of the United States, this state, 569
or any other state if committed within the territorial 570
jurisdiction of the United States. 572
(3) The activity appears to be intended to do any of the 574
following: 575
(a) Intimidate or coerce a civilian population; 578
14
(b) Influence the policy of any government by intimidation 581
or coercion;
(c) Affect the conduct of any government by assassination 584
or kidnapping.
(4) The activity occurs primarily outside the territorial 586
jurisdiction of the United States or transcends the national 589
boundaries of the United States in terms of the means by which 591
the activity is accomplished, the person or persons that the 592
activity appears intended to intimidate or coerce, or the area or 593
locale in which the perpetrator or perpetrators of the activity 594
operate or seek asylum.
(S) "Transcends the national boundaries of the United 597
States" means occurring outside the territorial jurisdiction of 598
the United States in addition to occurring within the territorial 600
jurisdiction of the United States. 601
(T) "COST OF CRIME SCENE CLEANUP" MEANS REASONABLE AND 603
NECESSARY COSTS OF CLEANING THE SCENE WHERE THE CRIMINALLY 604
INJURIOUS CONDUCT OCCURRED, NOT TO EXCEED SEVEN HUNDRED FIFTY 605
DOLLARS IN THE AGGREGATE PER CLAIM.
(U) "COST OF EVIDENCE REPLACEMENT" MEANS COSTS FOR 607
REPLACEMENT OF PROPERTY CONFISCATED FOR EVIDENTIARY PURPOSES 608
RELATED TO THE CRIMINALLY INJURIOUS CONDUCT, NOT TO EXCEED SEVEN 609
HUNDRED FIFTY DOLLARS IN THE AGGREGATE PER CLAIM. 610
(V) "PROVIDER" MEANS ANY PERSON WHO PROVIDES A CLAIMANT 612
WITH A PRODUCT, SERVICE, OR ACCOMMODATIONS THAT ARE AN ALLOWABLE 613
EXPENSE.
(W) "IMMEDIATE FAMILY MEMBER" MEANS AN INDIVIDUAL WHO IS 615
RELATED TO A VICTIM WITHIN THE FIRST DEGREE BY AFFINITY OR 616
CONSANGUINITY.
Sec. 2743.52. (A) The court of claims commissioners that 625
are appointed pursuant to section 2743.54 of the Revised Code 626
have jurisdiction to ATTORNEY GENERAL SHALL make awards of 628
reparations for economic loss arising from criminally injurious
conduct, if satisfied by a preponderance of the evidence that the 629
15
requirements for an award of reparations have been met. 630
(B) A COURT OF CLAIMS PANEL OF COMMISSIONERS OR A COURT OF 632
CLAIMS JUDGE HAS APPELLATE JURISDICTION TO ORDER AWARDS OF 633
REPARATIONS FOR ECONOMIC LOSS ARISING FROM CRIMINALLY INJURIOUS 635
CONDUCT, IF SATISFIED BY A PREPONDERANCE OF THE EVIDENCE THAT THE 636
REQUIREMENTS FOR AN AWARD OF REPARATIONS HAVE BEEN MET. 637
(C) A decision of THE ATTORNEY GENERAL, AN ORDER OF a 639
court of claims commissioner or a panel of court of claims 640
commissioners, OR THE JUDGMENT OF A COURT OF CLAIMS JUDGE 641
concerning an OMVI violation shall not be used as the basis for 643
any civil or criminal action, and shall not be admissible as 644
evidence in any civil or criminal proceeding. 645
Sec. 2743.521. (A) FOR MEDICAL CARE-RELATED ALLOWABLE 647
EXPENSES, THE ATTORNEY GENERAL MAY DO ALL OF THE FOLLOWING: 648
(1) ESTABLISH STANDARD MEDICAL FEES AND APPROVED MEDICAL 650
PROCEDURES FOR WHICH AN AWARD OF REPARATIONS MAY BE MADE; 651
(2) DETERMINE THE ELIGIBILITY AND REASONABLENESS OF CLAIMS 653
FOR MEDICAL, PSYCHOLOGICAL, DENTAL, CHIROPRACTIC, HOSPITAL, 654
PHYSICAL THERAPIST, AND NURSING SERVICES; 655
(3) RECOGNIZE USUAL, CUSTOMARY, AND REASONABLE METHODS OF 657
PAYMENT FOR COVERED SERVICE; 658
(4) AUDIT FEE BILL PAYMENTS AND ADJUST FEE BILL 660
REIMBURSEMENT TO BE CONSISTENT WITH MEDICAL COST CONTAINMENT AND 661
REIMBURSEMENT GUIDELINES PROMULGATED BY THE ADMINISTRATOR OF THE 663
BUREAU OF WORKERS' COMPENSATION PURSUANT TO DIVISION (B)(16) OF 664
SECTION 4121.121 OF THE REVISED CODE. 665
(B) A MEDICAL PROVIDER THAT ACCEPTS PAYMENT FOR MEDICAL 667
CARE-RELATED ALLOWABLE EXPENSES AS PART OF AN AWARD OF 668
REPARATIONS SHALL BE CONSIDERED PAID IN FULL FOR THOSE ALLOWABLE 669
EXPENSES AND SHALL NOT SEEK REIMBURSEMENT FOR ANY PART OF THOSE 670
ALLOWABLE EXPENSES FROM THE CLAIMANT WHO WAS GRANTED THE AWARD. 671
Sec. 2743.53. The (A) A court of claims: 680
(A) Shall PANEL OF COMMISSIONERS SHALL hear and determine 682
all matters relating to appeals from decisions of the court of 684
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claims commissioners;
(B) May order law enforcement officers as defined in 686
section 2901.01 of the Revised Code to provide it with copies of 687
any information or data gathered in the investigation of the 688
criminally injurious conduct that is the basis of any claim to 689
enable it to determine whether, and the extent to which, a 690
claimant qualifies for an award of reparations ATTORNEY GENERAL 691
PURSUANT TO SECTIONS 2743.51 TO 2743.72 OF THE REVISED CODE.
(B) A COURT OF CLAIMS JUDGE SHALL HEAR AND DETERMINE ALL 693
MATTERS RELATING TO APPEALS FROM DECISIONS OR ORDERS OF A PANEL 694
OF COMMISSIONERS OF THE COURT OF CLAIMS. 695
Sec. 2743.54. (A) The supreme court shall appoint at 704
least three court of claims commissioners to hear claims for an 705
award of reparations and to make awards of reparations AND 706
DETERMINE ALL MATTERS RELATING TO APPEALS FROM DECISIONS OF THE 707
ATTORNEY GENERAL pursuant to sections 2743.51 to 2743.72 of the 708
Revised Code. Each commissioner shall be an attorney who has 709
been licensed to practice law in this state for at least three 710
years prior to appointment and shall serve at the pleasure of the 711
supreme court and under the administrative supervision of the 712
clerk of the court of claims.
(B) The supreme court shall fix the compensation of the 714
court of claims commissioners, which AND THE COMPENSATION shall 715
be paid out of the reparations fund. 716
Sec. 2743.55. (A) A single commissioner or THE ATTORNEY 726
GENERAL, a panel of court of claims PANEL OF commissioners, OR A 727
JUDGE OF THE COURT OF CLAIMS shall hear and determine all matters 730
relating to claims for an award of reparations. A claim for an 731
award of reparations shall not be heard and determined until the 732
expiration of the time allowed for the claimant to respond to the 733
attorney general's finding of fact and recommendation for the 734
claim. A single commissioner or THE ATTORNEY GENERAL, a COURT OF 735
CLAIMS panel of commissioners, OR A JUDGE OF THE COURT OF CLAIMS 736
may order law enforcement officers to provide them with copies of 738
17
any information or data gathered in the investigation of the 739
criminally injurious conduct that is the basis of any claim to 740
enable the ATTORNEY GENERAL, A COURT OF CLAIMS PANEL OF 741
commissioners, OR A JUDGE OF THE COURT OF CLAIMS to determine 742
whether, and the extent to which, a claimant qualifies for an
award of reparations. 743
Any reference in sections 2743.51 to 2743.72 of the Revised 745
Code to action by more than a single commissioner means action by 746
a panel of commissioners. A panel shall consist of three 747
commissioners who may only proceed upon a majority vote. 748
(B) The A court of claims PANEL OF commissioners shall sit 751
in Franklin county. A single commissioner or any panel of 752
commissioners, pursuant to rules adopted by the chief justice of 753
the supreme court, may sit and hear claims for an award of 754
reparations at any other location in the state. 755
(C) Each claim for an award of reparations shall be heard 757
by a single commissioner. The commissioner may determine the 758
claim and make an award administratively without a hearing. If a 759
claimant or the attorney general objects to the determination or 760
award made by a single commissioner and files an objection with 761
the clerk within thirty days after journalization of the order of 762
the commissioner, the claim shall be heard by a panel of three 763
commissioners who shall make an award or deny the claim upon a 764
majority vote. 765
(D) The supreme court may promulgate rules to implement 767
sections 2743.51 to 2743.72 of the Revised Code, which may 768
include rules for the allowance of attorney's fees, the procedure 769
for hearing claims by a single commissioner or by a panel of 770
court of claims commissioners, and the procedure for hearing 771
appeals from decisions of the court of claims commissioners. 772
Sec. 2743.56. (A) A claim for an award of reparations 781
shall be commenced by filing an application for an award of 782
reparations with the clerk of the court of claims or in the court 784
of common pleas pursuant to division (B) of this section. 785
18
(B) A claimant who files for an award of reparations in a 787
court of common pleas shall file in the court of common pleas of 788
the county of the claimant's residence or, if the claimant is not 790
a resident of this state, in the court of common pleas of the 791
county in which the criminally injurious conduct that is the 792
basis of the application took place. Each application shall be 793
accompanied by a filing fee of seven dollars and fifty cents 794
unless waived pursuant to division (B) of section 2743.57 of the 795
Revised Code ATTORNEY GENERAL. THE APPLICATION MAY BE FILED BY 797
MAIL. IF THE APPLICATION IS FILED BY MAIL, THE POST-MARKED DATE 798
OF THE APPLICATION SHALL BE CONSIDERED THE FILING DATE OF THE 799
APPLICATION. The application shall be in a form prescribed by 800
the clerk of the court of claims, ATTORNEY GENERAL and shall 801
contain the following information: 802
(1) The name and address of the victim of the criminally 804
injurious conduct, the name and address of the claimant, and the 805
relationship of the claimant to the victim; 806
(2) The nature of the criminally injurious conduct that is 808
the basis for the claim and the date on which the conduct 809
occurred; 810
(3) The law enforcement agency or officer to whom the 812
criminally injurious conduct was reported and the date on which 813
it was reported; 814
(4) The nature and extent of the injuries that the victim 816
sustained from the criminally injurious conduct; 817
(5) The type of economic loss that the victim, a 819
dependent, or the claimant sustained as a result of the 821
criminally injurious conduct; 822
(6) A INCLUDE A release authorizing the ATTORNEY GENERAL 824
AND THE court of claims, the court of claims commissioners, and 825
the staff of the attorney general to obtain any report, document, 827
or information that relates to the determination of the claim for 828
an award of reparations that is requested in the application; 829
(7) Any information that the clerk of the court of claims 831
19
requires and that is reasonably related to an application for an 832
award of reparations. The clerk of the court of claims may 833
require the claimant to submit with the application materials to 834
substantiate the facts that are stated in the application. 835
(C)(B) All applications for an award of reparations shall 837
be filed as follows: 838
(1) If the victim of the criminally injurious conduct was 840
a minor, WITHIN TWO YEARS OF THE VICTIM'S EIGHTEENTH BIRTHDAY OR 841
within two years from the date a complaint, indictment, or 843
information is filed against the alleged offender, WHICHEVER IS
LATER. This division does not require that a complaint, 845
indictment, or information be filed against an alleged offender 846
in order for an application for an award of reparations to be 847
filed pertaining to a victim who was a minor IF THE APPLICATION 848
IS FILED WITHIN TWO YEARS OF THE VICTIM'S EIGHTEENTH BIRTHDAY, 849
and does not affect the provisions of section 2743.64 of the 850
Revised Code. This division applies to all applications for an 851
award of reparations filed on or after March 11, 1987, and to any 852
application for an award of reparations filed before March 11, 853
1987, for which an award or denial of the claim is not final 854
within the meaning of division (B) of section 2743.61 of the 855
Revised Code.
(2) If the victim of the criminally injurious conduct was 857
an adult, within two years after the occurrence of the criminally 858
injurious conduct. 859
Sec. 2743.58. (A) The clerk of the court of claims shall 868
send a copy of the application to the attorney general. Upon 869
receipt of the copy of the application, the attorney general 870
shall contact the prosecuting attorney of the county in which the 871
criminally injurious conduct occurred and the law enforcement 872
agency that actively investigated the criminally injurious 873
conduct, and request that they provide information on the 874
criminally injurious conduct and related matters. The 875
prosecuting attorney and any officer or employee of the office of 876
20
the prosecuting attorney or of the law enforcement agency shall 877
be immune from any civil liability that might otherwise be 878
incurred as the result of providing information on the criminally 879
injurious conduct and related matters to the attorney general. 880
(B) The clerk, upon receipt of the attorney general's 882
finding of fact and recommendation for a claim for an award of 883
reparations, shall forward a copy of the finding and 884
recommendation to the claimant and shall give the claimant an 885
opportunity to respond in writing. After the expiration of the 886
time allowed for the claimant's response, the clerk shall assign 887
the claim to a court of claims commissioner. 888
Sec. 2743.59. (A) The attorney general, upon receipt of 897
an application for an award of reparations from the clerk of the 898
court of claims, shall fully investigate the A claim FOR AN AWARD 900
OF REPARATIONS, regardless of whether any person is prosecuted 901
for or convicted of committing the criminally injurious conduct 903
alleged in the application. After completing the investigation, 904
the attorney general shall make a written finding of fact and 905
recommendation DECISION concerning an award of reparations. The 907
attorney general shall file the finding of fact and 908
recommendation and all information or documents that the attorney 909
general used in the investigation with the clerk of the court of 911
claims.
(B)(1) The attorney general may require the claimant to 913
supplement the application for an award of reparations with any 914
further information or documentary materials, including any 915
medical report readily available, that may lead to any relevant 917
facts in the determination of whether, and the extent to which, a 918
claimant qualifies for an award of reparations. The attorney 919
general may depose any witness, including the claimant, pursuant 920
to Civil Rules 28, 30, and 45. 921
(2)(a) For the purpose of determining whether, and the 923
extent to which, a claimant qualifies for an award of 924
reparations, the attorney general may issue subpoenas and 925
21
subpoenas duces tecum to compel any person or entity, including 926
any collateral source, that provided, will provide, or would have 927
provided to the victim any income, benefit, advantage, product, 928
service, or accommodation, including any medical care or other 929
income, benefit, advantage, product, service, or accommodation 930
that might qualify as an allowable expense or a funeral expense, 931
to produce materials to the attorney general that are relevant to 932
the income, benefit, advantage, product, service, or 934
accommodation that was, will be, or would have been so provided
and to the attorney general's determination. 935
(b) If the attorney general issues a subpoena or subpoena 937
duces tecum under division (B)(2)(a) of this section and if the 939
materials that the attorney general requires to be produced are
located outside this state, the attorney general may designate 940
one or more representatives, including officials of the state in 941
which the materials are located, to inspect the materials on the 942
attorney general's behalf, and the attorney general may respond 943
to similar requests from officials of other states. The person 944
or entity subpoenaed may make the materials available to the 945
attorney general at a convenient location within the state. 946
(c) At any time before the return day specified in the 948
subpoena or subpoena duces tecum issued under division (B)(2)(a) 949
of this section or within twenty days after the subpoena or 950
subpoena duces tecum has been served, whichever period is 951
shorter, the person or entity subpoenaed may file in the WITH A 953
court of claims JUDGE a petition to extend the return day or to 954
modify or quash the subpoena or subpoena duces tecum. The 955
petition shall state good cause. 956
(d) A person or entity who is subpoenaed under division 958
(B)(2)(a) of this section shall comply with the terms of the 960
subpoena or subpoena duces tecum unless otherwise provided by an
order of the A court of claims JUDGE entered prior to the day for 962
return contained in the subpoena or as extended by the court. If 963
a person or entity fails without lawful excuse to obey a subpoena 964
22
or subpoena duces tecum issued under division (B)(2)(a) of this 965
section or to produce relevant materials, the attorney general 966
may apply to the A court of claims JUDGE for and obtain an order 968
adjudging the person or entity in contempt of court.
(C) The finding of fact AND DECISION that is issued by the 970
attorney general pursuant to division (A) of this section shall 971
contain all of the following: 972
(1) Whether the criminally injurious conduct that is the 974
basis for the application did occur, the date on which the 975
conduct occurred, and the exact nature of the conduct; 976
(2) Whether the criminally injurious conduct was reported 978
to a law enforcement officer or agency, the date on which the 979
conduct was reported, the name of the person who reported the 980
conduct, and the reasons why the conduct was not reported to a 981
law enforcement officer or agency or was not reported to a law 982
enforcement officer or agency within seventy-two hours after the 983
conduct occurred; 984
(3) The exact nature of the injuries that the victim 986
sustained as a result of the criminally injurious conduct; 987
(4) A specific list of the economic loss that was 989
sustained as a result of the criminally injurious conduct by the 990
victim, the claimant, or a dependent; 991
(5) A specific list of any benefits or advantages that the 993
victim, the claimant, or a dependent has received or is entitled 994
to receive from any collateral source for economic loss that 995
resulted from the conduct and whether a collateral source would 996
have reimbursed the claimant for a particular expense if a timely 997
claim had been made, and the extent to which the expenses likely 999
would have been reimbursed by the collateral source;
(6) A description of any evidence in support of 1,001
contributory misconduct by the claimant or by the victim through 1,002
whom the claimant claims an award of reparations, whether the 1,003
victim has been convicted of a felony or has a record of felony 1,004
arrests under the laws of this state, another state, or the 1,005
23
United States ENGAGED IN DISQUALIFYING FELONIOUS BEHAVIOR UNDER 1,006
DIVISION (E) OF SECTION 2743.60 OF THE REVISED CODE, and whether 1,007
there is evidence that the victim engaged in an ongoing course of 1,009
criminal conduct within five years or less of the criminally 1,010
injurious conduct that is the subject of the claim; 1,011
(7) Whether an assignment has been filed pursuant to 1,013
division (E) of section 2743.66 of the Revised Code; 1,014
(8) Whether the victim of the criminally injurious conduct 1,016
was a minor; 1,017
(9)(8) If the victim of the criminally injurious conduct 1,019
was a minor, whether a complaint, indictment, or information was 1,020
filed against the alleged offender and, if such a filing 1,021
occurred, its date; 1,022
(10)(9) Any information that is relevant to the claim for 1,024
an award of reparations. 1,025
(D) The recommendation DECISION that is issued by the 1,027
attorney general pursuant to division (A) of this section shall 1,028
contain all of the following: 1,029
(1) A statement as to whether A CLAIMANT IS ELIGIBLE FOR 1,031
an award of reparations should be made, whether payments made 1,033
pursuant to the award should ARE TO be made to the claimant, to 1,034
an assignee A PROVIDER, or jointly to the claimant and an 1,036
assignee A PROVIDER, and what the amount of the payments to the 1,038
claimant, the assignee, and to the claimant and assignee should 1,039
be OR PROVIDER;
(2) A statement as to whether any of the payments made 1,041
pursuant to the award should be paid in a lump sum or in 1,042
installments; 1,043
(3) If the attorney general recommends DECIDES that an 1,045
award not be made to the claimant, the reasons for that decision. 1,047
(E) The attorney general shall make the attorney general's 1,049
recommendation A WRITTEN FINDING OF FACT AND DECISION in 1,050
accordance with sections 2743.51 to 2743.72 of the Revised Code 1,051
and within one hundred twenty days after receiving the claim 1,054
24
application from the clerk of the court of claims. The attorney 1,055
general may file a motion for an extension of EXTEND the 1,056
one-hundred-twenty-day time limit and shall state RECORD IN 1,057
WRITING specific reasons to justify the extension. The attorney 1,058
general shall file the motion for an extension with the clerk of 1,059
the court of claims, shall serve a copy of the motion upon the 1,060
claimant pursuant to Civil Rule 5, and shall notify the claimant 1,061
that the claimant may file a written objection to the extension 1,063
with the clerk of the court of claims. A court of claims 1,064
commissioner, upon a showing of good cause, may grant the 1,065
extension. If an extension is granted, the order granting the 1,066
extension shall state the specific reasons for granting the 1,067
extension, and the clerk shall send a copy of the order to the 1,068
claimant.
(F) Within twenty-one days after the attorney general 1,070
files the attorney general's finding and recommendation 1,071
concerning an award of reparations with the court of claims, any 1,073
person may file with the clerk of the court of claims any 1,074
information that is relevant to the granting or denial of the 1,075
award that the person reasonably believes was not before or 1,077
considered by the attorney general in making the attorney 1,078
general's finding and recommendation. If a court of claims 1,079
commissioner considers the information relevant, a copy of the 1,080
information filed shall be served upon the claimant and the 1,081
attorney general. The claimant and the attorney general may 1,082
respond in writing to the information at any time within ten days 1,083
after receiving a copy of the information OF THE EXTENSION AND OF 1,084
THE REASONS FOR THE EXTENSION. THE ATTORNEY GENERAL SHALL SERVE 1,085
A COPY OF ITS WRITTEN FINDING OF FACT AND DECISION UPON THE 1,086
CLAIMANT.
Sec. 2743.60. (A) Neither a single commissioner nor THE 1,095
ATTORNEY GENERAL, a panel of court of claims PANEL OF 1,097
commissioners, OR A JUDGE OF THE COURT OF CLAIMS shall NOT make 1,098
OR ORDER an award of reparations to any claimant who, if the 1,100
25
victim of the criminally injurious conduct was an adult, did not 1,101
file an application for an award of reparations within two years 1,102
after the date of the occurrence of the criminally injurious 1,103
conduct that caused the injury or death for which the victim is 1,104
seeking an award of reparations or who, if the victim of that 1,105
criminally injurious conduct was a minor, did not file an 1,106
application for an award of reparations within the period 1,107
provided by division (C)(1) of section 2743.56 of the Revised 1,108
Code. An award of reparations shall not be made to a claimant if 1,109
the criminally injurious conduct upon which the claimant bases a 1,110
claim was not reported to a law enforcement officer or agency 1,111
within seventy-two hours after the occurrence of the conduct, 1,112
unless it is determined that good cause existed for the failure 1,113
to report the conduct within the seventy-two-hour period.
(B)(1) Neither a single commissioner nor THE ATTORNEY 1,115
GENERAL, a panel of commissioners, OR A JUDGE OF THE COURT OF 1,117
CLAIMS shall NOT make OR ORDER an award of reparations to a 1,118
claimant who IF ANY OF THE FOLLOWING APPLY: 1,120
(a) THE CLAIMANT is the offender or an accomplice of the 1,122
offender who committed the criminally injurious conduct, nor to 1,124
any claimant if OR the award would unjustly benefit the offender 1,125
or accomplice.
(b) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS SECTION, 1,128
BOTH OF THE FOLLOWING APPLY: 1,129
(i) THE CLAIMANT WAS A PASSENGER IN A MOTOR VEHICLE AND 1,131
KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE DRIVER WAS UNDER 1,133
THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR BOTH. 1,134
(ii) THE CLAIMANT IS SEEKING COMPENSATION FOR INJURIES 1,136
PROXIMATELY CAUSED BY THE DRIVER DESCRIBED IN DIVISION 1,138
(B)(1)(b)(i) OF THIS SECTION BEING UNDER THE INFLUENCE OF 1,139
ALCOHOL, A DRUG OF ABUSE, OR BOTH.
(c) BOTH OF THE FOLLOWING APPLY: 1,141
(i) THE CLAIMANT WAS UNDER THE INFLUENCE OF ALCOHOL, A 1,143
DRUG OF ABUSE, OR BOTH AND WAS A PASSENGER IN A MOTOR VEHICLE 1,145
26
AND, IF SOBER, SHOULD HAVE REASONABLY KNOWN THAT THE DRIVER WAS 1,146
UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR BOTH. 1,147
(ii) THE CLAIMANT IS SEEKING COMPENSATION FOR INJURIES 1,149
PROXIMATELY CAUSED BY THE DRIVER DESCRIBED IN DIVISION 1,151
(B)(1)(b)(i) OF THIS SECTION BEING UNDER THE INFLUENCE OF 1,152
ALCOHOL, A DRUG OF ABUSE, OR BOTH.
(2) DIVISION (B)(1)(b) OF THIS SECTION DOES NOT APPLY IF 1,155
ON THE DATE OF THE OCCURRENCE OF THE CRIMINALLY INJURIOUS 1,156
CONDUCT, THE CLAIMANT WAS UNDER SIXTEEN YEARS OF AGE OR WAS AT 1,157
LEAST SIXTEEN YEARS OF AGE BUT LESS THAN EIGHTEEN YEARS OF AGE 1,158
AND WAS RIDING WITH A PARENT, GUARDIAN, OR CARE-PROVIDER. 1,159
(C) A single commissioner or THE ATTORNEY GENERAL, a panel 1,162
of commissioners, OR A JUDGE OF THE COURT OF CLAIMS, upon a 1,164
finding that the claimant or victim has not fully cooperated with 1,165
appropriate law enforcement agencies, may deny a claim or 1,166
reconsider and reduce an award of reparations.
(D) A single commissioner or THE ATTORNEY GENERAL, a panel 1,169
of commissioners, OR A JUDGE OF THE COURT OF CLAIMS shall reduce 1,170
an award of reparations or deny a claim for an award of 1,171
reparations that is otherwise payable to a claimant to the extent 1,172
that the economic loss upon which the claim is based is recouped 1,173
from other persons, including collateral sources. If an award is 1,174
reduced or a claim is denied because of the expected recoupment 1,175
of all or part of the economic loss of the claimant from a 1,176
collateral source, the amount of the award or the denial of the 1,177
claim shall be conditioned upon the claimant's economic loss 1,178
being recouped by the collateral source. If the award or denial 1,179
is conditioned upon the recoupment of the claimant's economic 1,180
loss from a collateral source and it is determined that the 1,181
claimant did not unreasonably fail to present a timely claim to 1,182
the collateral source and will not receive all or part of the
expected recoupment, the claim may be reopened and an award may 1,183
be made in an amount equal to the amount of expected recoupment 1,184
that it is determined the claimant will not receive from the 1,185
27
collateral source. 1,186
If the claimant recoups all or part of the economic loss 1,189
upon which the claim is based from any other person or entity, 1,190
including a collateral source, the attorney general may recover
pursuant to section 2743.72 of the Revised Code the part of the 1,191
award that represents the economic loss for which the claimant 1,192
received the recoupment from the other person or entity. 1,193
(E) Neither a single commissioner nor THE ATTORNEY 1,196
GENERAL, a panel of commissioners, OR A JUDGE OF THE COURT OF 1,197
CLAIMS shall NOT make an award to a claimant if any of the 1,198
following applies: 1,199
(1) The victim was convicted of a felony within ten years 1,202
prior to the criminally injurious conduct that gave rise to the 1,205
claim or is convicted of a felony during the pendency of the
claim. 1,206
(2) The claimant was convicted of a felony within ten 1,208
years prior to the criminally injurious conduct that gave rise to 1,209
the claim or is convicted of a felony during the pendency of the 1,210
claim.
(3) It is proved by a preponderance of the evidence 1,213
presented to the commissioner or the panel that the victim or the 1,214
claimant engaged, within ten years prior to the criminally 1,217
injurious conduct gave rise to the claim or during the pendency 1,218
of the claim, in conduct AN OFFENSE OF VIOLENCE, A VIOLATION OF 1,219
SECTION 2925.03 OF THE REVISED CODE, OR ANY SUBSTANTIALLY SIMILAR 1,220
OFFENSE that ALSO would constitute a felony under the laws of 1,222
this state, another state, or the United States. 1,223
(4) THE CLAIMANT WAS CONVICTED OF A VIOLATION OF SECTION 1,225
2919.22 OR 2919.25 OF THE REVISED CODE, OR OF ANY STATE LAW OR 1,227
MUNICIPAL ORDINANCE SUBSTANTIALLY SIMILAR TO EITHER SECTION, 1,228
WITHIN TEN YEARS PRIOR TO THE CRIMINALLY INJURIOUS CONDUCT THAT 1,229
GAVE RISE TO THE CLAIM OR DURING THE PENDENCY OF THE CLAIM. 1,230
(F) In determining whether to make an award of reparations 1,232
pursuant to this section, a single commissioner THE ATTORNEY 1,233
28
GENERAL or panel of commissioners shall consider whether there 1,235
was contributory misconduct by the victim or the claimant. A 1,236
single commissioner or THE ATTORNEY GENERAL, a panel of 1,237
commissioners, OR A JUDGE OF THE COURT OF CLAIMS shall reduce an 1,238
award of reparations or deny a claim for an award of reparations 1,240
to the extent it is determined to be reasonable because of the 1,241
contributory misconduct of the claimant or the victim. 1,242
If WHEN the attorney general recommends that DECIDES 1,244
WHETHER a claim SHOULD be denied because of an allegation of 1,246
contributory misconduct that is supported by the finding of fact 1,247
in division (C)(6) of section 2743.59 of the Revised Code, the 1,249
burden of proof on the issue of that alleged contributory 1,250
misconduct shall be upon the claimant, if either of the following 1,251
apply:
(1) The victim was convicted of a felony more than ten 1,253
years prior to the criminally injurious conduct that is the 1,254
subject of the claim or has a record of felony arrests under the 1,255
laws of this state, another state, or the United States;. 1,256
(2) There is good cause to believe that the victim engaged 1,258
in an ongoing course of criminal conduct within five years or 1,259
less of the criminally injurious conduct that is the subject of 1,260
the claim. 1,261
FOR PURPOSES OF THIS SECTION, IF IT IS PROVEN BY A 1,263
PREPONDERANCE OF THE EVIDENCE THAT THE VICTIM ENGAGED IN CONDUCT 1,265
AT THE TIME OF THE CRIMINALLY INJURIOUS CONDUCT THAT WAS A FELONY 1,267
VIOLATION OF SECTION 2925.11 OF THE REVISED CODE, THE CONDUCT 1,271
SHALL BE PRESUMED TO HAVE CONTRIBUTED TO THE CRIMINALLY INJURIOUS 1,272
CONDUCT AND SHALL RESULT IN A COMPLETE DENIAL OF THE CLAIM. 1,273
(G) Neither a single commissioner nor THE ATTORNEY 1,276
GENERAL, a panel of commissioners, OR A JUDGE OF THE COURT OF 1,278
CLAIMS shall NOT make an award of reparations to a claimant if 1,279
the criminally injurious conduct that caused the injury or death 1,280
that is the subject of the claim occurred to a victim who was an 1,281
adult and while the victim, after being convicted of or pleading 1,282
29
guilty to an offense, was serving a sentence of imprisonment in 1,283
any detention facility, as defined in section 2921.01 of the 1,284
Revised Code. 1,285
(H) If a claimant unreasonably fails to present a claim 1,287
timely to a source of benefits or advantages that would have been 1,288
a collateral source and that would have reimbursed the claimant 1,289
for all or a portion of a particular expense, a single 1,290
commissioner or THE ATTORNEY GENERAL, a panel of commissioners, 1,292
OR A JUDGE OF THE COURT OF CLAIMS may reduce an award of 1,293
reparations or deny a claim for an award of reparations to the 1,294
extent that it is reasonable to do so. 1,295
(I) Reparations payable to a victim and to all other 1,297
claimants sustaining economic loss because of injury to or the 1,298
death of that victim shall not exceed fifty thousand dollars in 1,299
the aggregate. 1,300
Sec. 2743.61. (A) The attorney general may appeal 1,309
conclusions of law made by a panel of court of claims 1,310
commissioners and a, ON THE ATTORNEY GENERAL'S OWN MOTION OR UPON 1,312
REQUEST OF A CLAIMANT OR VICTIM, MAY RECONSIDER A DECISION TO 1,313
MAKE AN AWARD OF REPARATIONS, THE AMOUNT OF AN AWARD OF 1,314
REPARATIONS, OR A DECISION TO DENY A CLAIM FOR AN AWARD OF 1,315
REPARATIONS. A CLAIMANT MAY FILE A REQUEST FOR RECONSIDERATION 1,316
WITH THE ATTORNEY GENERAL NOT LATER THAN THIRTY DAYS AFTER THE 1,317
ATTORNEY GENERAL RENDERS AN INITIAL DECISION. A CLAIMANT MAY 1,318
SUBMIT WITH THE REQUEST ANY ADDITIONAL INFORMATION THAT IS 1,320
RELEVANT TO THE CLAIMANT'S CLAIM FOR AN AWARD OF REPARATION. 1,321
THE ATTORNEY GENERAL SHALL RECONSIDER THE APPLICATION BASED 1,323
UPON EVIDENCE THAT IS RELEVANT TO THE APPLICATION AND ISSUE A 1,324
FINAL DECISION WITHIN SIXTY DAYS OF RECEIVING THE REQUEST FOR 1,326
RECONSIDERATION. THE ATTORNEY GENERAL MAY EXTEND THE SIXTY-DAY 1,328
TIME LIMIT AND SHALL RECORD IN WRITING SPECIFIC REASONS TO 1,329
JUSTIFY THE EXTENSION. THE ATTORNEY GENERAL SHALL NOTIFY THE
CLAIMANT OF THE EXTENSION AND OF THE REASONS FOR THE EXTENSION. 1,330
IF A CLAIMANT DOES NOT FILE A REQUEST FOR RECONSIDERATION 1,332
30
OF A DECISION OF THE ATTORNEY GENERAL TO MAKE AN AWARD OR TO DENY 1,333
A CLAIM OR OF THE AMOUNT OF AN AWARD WITHIN THIRTY DAYS AFTER THE 1,334
DECISION IS RENDERED, THE AWARD, THE DENIAL OF THE CLAIM, OR THE 1,335
AMOUNT OF THE AWARD IS FINAL UNLESS THE ATTORNEY GENERAL IN THE 1,337
INTEREST OF JUSTICE ALLOWS THE RECONSIDERATION AFTER THE
EXPIRATION OF THAT PERIOD OF TIME. 1,338
(B) A claimant may appeal an award of reparations, the 1,341
amount of an award of reparations, or the denial of a claim for 1,342
an award of reparations that is made by a panel of court of
claims commissioners FINAL DECISION OF THE ATTORNEY GENERAL AFTER 1,343
ANY RECONSIDERATION. If the determination FINAL DECISION of the 1,344
commissioners ATTORNEY GENERAL with respect to any claim for an 1,346
award of reparations is appealed, the A court of claims PANEL OF 1,347
COMMISSIONERS, WITHIN NINETY DAYS OF RECEIVING THE NOTICE OF 1,348
APPEAL, SHALL SCHEDULE AND CONDUCT A HEARING ON THE APPEAL. THE 1,349
PANEL OF COMMISSIONERS shall hear and determine the appeal WITHIN 1,350
SIXTY DAYS FROM THE DATE OF THE HEARING on the basis of the 1,351
record of the hearing before the commissioners, including the 1,352
original award or denial made by a single commissioner, AND the 1,353
finding of fact and recommendation of the attorney general, any 1,355
information or documents that the attorney general used in his 1,356
THE investigation, any information or data provided to the court 1,358
of claims pursuant to division (B) of section 2743.53 of the 1,359
Revised Code ATTORNEY GENERAL, and any briefs or oral arguments 1,361
that may be requested by the A court OF CLAIMS PANEL OF 1,362
COMMISSIONERS, AND ANY ADDITIONAL EVIDENCE PRESENTED AT THE
HEARING. THE PANEL OF COMMISSIONERS MAY EXTEND THE SIXTY-DAY 1,364
TIME LIMIT AND SHALL RECORD IN WRITING SPECIFIC REASONS TO 1,365
JUSTIFY THE EXTENSION. THE ATTORNEY GENERAL SHALL SUPPLY THE 1,367
PANEL OF COMMISSIONERS WITH THE ORIGINAL DECISION AWARDING OR 1,368
DENYING COMPENSATION, THE FINDING OF FACT OF THE ATTORNEY 1,369
GENERAL, ANY INFORMATION OR DOCUMENTS THAT THE ATTORNEY GENERAL 1,370
USED IN THE INVESTIGATION, AND ANY INFORMATION OR DATA PROVIDED 1,371
TO THE ATTORNEY GENERAL WITHIN FOURTEEN DAYS OF THE FILING OF THE 1,372
31
OBJECTION AND NOTICE OF APPEAL BY THE APPLICANT. THE PANEL OF 1,373
COMMISSIONERS SHALL NOTIFY THE CLAIMANT AND ATTORNEY GENERAL OF 1,374
THE EXTENSION AND OF THE REASONS FOR THE EXTENSION. If upon 1,375
hearing and consideration of the record and evidence, the court 1,376
OF CLAIMS PANEL OF COMMISSIONERS decides that the decision of the 1,378
commissioners ATTORNEY GENERAL appealed from is reasonable and 1,380
lawful, it shall affirm the same, but if. IF the court OF CLAIMS 1,382
PANEL OF COMMISSIONERS decides that the decision of the
commissioners ATTORNEY GENERAL IS NOT SUPPORTED BY A 1,383
PREPONDERANCE OF THE EVIDENCE OR is unreasonable or unlawful, the 1,385
court IT shall reverse and vacate the decision or modify it and 1,386
enter judgment thereon.
(B)(C) THE ATTORNEY GENERAL OR A CLAIMANT MAY APPEAL AN 1,389
AWARD OF REPARATIONS, THE AMOUNT OF AN AWARD OF REPARATIONS, OR 1,390
THE DENIAL OF A CLAIM FOR AN AWARD OF REPARATIONS THAT IS MADE BY 1,391
A PANEL OF COURT OF CLAIMS COMMISSIONERS. IF THE DETERMINATION 1,393
OF THE PANEL OF COMMISSIONERS WITH RESPECT TO ANY CLAIM FOR AN 1,394
AWARD OF REPARATIONS IS APPEALED, A COURT OF CLAIMS JUDGE SHALL 1,395
HEAR AND DETERMINE THE APPEAL ON THE BASIS OF THE RECORD OF THE 1,396
HEARING BEFORE THE COMMISSIONERS, INCLUDING THE ORIGINAL AWARD OR 1,397
DENIAL MADE BY THE ATTORNEY GENERAL, ANY INFORMATION OR DOCUMENTS 1,398
PRESENTED TO THE PANEL OF COMMISSIONERS, AND ANY BRIEFS OR ORAL 1,399
ARGUMENTS THAT MAY BE REQUESTED BY THE COURT OF CLAIMS JUDGE. IF 1,400
UPON HEARING AND CONSIDERATION OF THE RECORD AND EVIDENCE, THE 1,401
COURT OF CLAIMS JUDGE DECIDES THAT THE DECISION OF THE PANEL OF 1,402
COMMISSIONERS IS UNREASONABLE OR UNLAWFUL, THE COURT OF CLAIMS 1,403
JUDGE SHALL REVERSE AND VACATE THE DECISION OR MODIFY IT AND 1,404
ENTER JUDGMENT ON THE CLAIM. THE DECISION OF THE COURT OF CLAIMS 1,405
JUDGE IS FINAL.
(D) Notices of an appeal concerning an award of 1,407
reparations shall be filed within thirty days after the date on 1,408
which the award or the denial of a claim is made by A FINAL 1,409
DECISION OF the commissioners ATTORNEY GENERAL. If a notice of 1,410
appeal is not filed within the thirty-day period, the award or 1,412
32
denial of the claim is final unless the A court of claims PANEL 1,413
OF COMMISSIONERS in the interests of justice allows the appeal. 1,414
(E) THE ATTORNEY GENERAL OR A CLAIMANT SHALL FILE A NOTICE 1,416
OF AN APPEAL CONCERNING AN ORDER OR DECISION OF A PANEL OF 1,418
COMMISSIONERS WITHIN THIRTY DAYS AFTER THE DATE ON WHICH THE 1,419
AWARD OR THE DENIAL OF A CLAIM IS MADE BY THE PANEL OF 1,420
COMMISSIONERS. IF THE ATTORNEY GENERAL OR A CLAIMANT DOES NOT 1,421
FILE A NOTICE OF APPEAL WITH RESPECT TO AN AWARD OR DENIAL WITHIN 1,423
THE THIRTY-DAY PERIOD, THE AWARD OR DENIAL OF THE CLAIM IS FINAL 1,425
UNLESS A JUDGE OF THE COURT OF CLAIMS IN THE INTERESTS OF JUSTICE 1,426
ALLOWS THE APPEAL.
Sec. 2743.62. (A)(1) Subject to division (A)(2) of this 1,436
section, there is no privilege, except the privileges arising 1,437
from the attorney-client relationship, as to communications or 1,438
records that are relevant to the physical, mental, or emotional 1,439
condition of the claimant or victim in a proceeding under 1,440
sections 2743.51 to 2743.72 of the Revised Code in which that 1,441
condition is an element.
(2)(a) Except as specified in division (A)(2)(b) of this 1,444
section, any record or report that the A JUDGE OF THE COURT OF 1,445
CLAIMS, A court of claims PANEL OF COMMISSIONERS, or THE attorney 1,446
general has obtained prior to, or obtains on or after, the 1,447
effective date of this amendment under the provisions of sections 1,448
2743.51 to 2743.72 of the Revised Code and that is confidential 1,450
or otherwise exempt from public disclosure under section 149.43 1,451
of the Revised Code while in the possession of the creator of the 1,453
record or report shall remain confidential or exempt from public 1,454
disclosure under section 149.43 of the Revised Code while in the 1,456
possession of the court of claims or the attorney general.
(b) Notwithstanding division (A)(2)(a) of this section, 1,459
the A court of claims JUDGE OR PANEL OF COMMISSIONERS, A 1,460
claimant, A claimant's attorney, or THE attorney general may 1,461
disclose or refer to records or reports described in that 1,462
division in any hearing conducted under sections 2743.51 to 1,463
33
2743.72 of the Revised Code or in the court's JUDGE'S, PANEL OF 1,464
COMMISSIONERS', claimant's, or attorney general's written 1,466
pleadings, findings, recommendations, and decisions. 1,467
(B) If the mental, physical, or emotional condition of a 1,469
victim or claimant is material to a claim for an award of 1,470
reparations, a single commissioner or THE ATTORNEY GENERAL, a 1,472
panel of commissioners, OR A JUDGE OF THE COURT OF CLAIMS may 1,474
order the victim or claimant to submit to a mental or physical 1,475
examination by a physician or psychologist and may order an 1,476
autopsy of a deceased victim. The order may be made for good 1,477
cause shown and upon notice to the person to be examined and to 1,478
the claimant and the attorney general. The order shall specify 1,479
the time, place, manner, conditions, and scope of the examination 1,480
or autopsy and the person by whom it is to be made and shall 1,481
require the person who performs the examination or autopsy to 1,482
file with the clerk of the court of claims ATTORNEY GENERAL a 1,483
detailed written report of the examination or autopsy. The 1,484
report shall set out the findings, including the results of all 1,485
tests made, diagnoses, prognoses, and other conclusions and 1,486
reports of earlier examinations of the same conditions. 1,487
(C) On request of the person examined, the clerk of the 1,489
court of claims ATTORNEY GENERAL shall furnish the person a copy 1,490
of the report. If the victim is deceased, the clerk of the court 1,492
of claims ATTORNEY GENERAL, on request, shall furnish the 1,494
claimant a copy of the report.
(D) A single commissioner or THE ATTORNEY GENERAL, a panel 1,497
of commissioners, OR A JUDGE OF THE COURT OF CLAIMS may require 1,498
the claimant to supplement the application for an award of 1,499
reparations with any reasonably available medical or
psychological reports relating to the injury for which the award 1,500
of reparations is claimed. 1,501
(E) The court, a single commissioner ATTORNEY GENERAL, a 1,503
panel of commissioners, or the attorney general A JUDGE OF THE 1,505
COURT OF CLAIMS, in a claim arising out of a violation of any 1,507
34
provision of sections 2907.02 to 2907.07 of the Revised Code, 1,508
shall not request the victim or the claimant to supply, or permit 1,509
any person to supply, any evidence of specific instances of the 1,510
victim's sexual activity, opinion evidence of the victim's sexual 1,511
activity, or reputation evidence of the victim's sexual activity 1,512
unless it involves evidence of the origin of semen, pregnancy, or 1,513
disease or evidence of the victim's past sexual activity with the 1,514
offender and only to the extent that the court JUDGE, the PANEL 1,515
OF commissioners, or the attorney general finds that the evidence 1,517
is relevant to a fact at issue in the claim. 1,518
Sec. 2743.63. If a person refuses to comply with an order 1,527
under sections 2743.51 to 2743.72 of the Revised Code, or asserts 1,528
a privilege, except privileges arising from the attorney-client 1,529
relationship, to withhold or suppress evidence relevant to a 1,530
claim for an award of reparations, a single commissioner or a 1,531
panel of court of claims commissioners THE ATTORNEY GENERAL may 1,532
make any just order DECISION including denial of the claim, but 1,533
shall not find the person in contempt. If necessary to carry out 1,536
any of its THE ATTORNEY GENERAL'S powers and duties, a single 1,537
commissioner or a panel of commissioners THE ATTORNEY GENERAL may 1,538
petition the A court of claims PANEL OF COMMISSIONERS for an 1,540
appropriate order, INCLUDING BUT NOT LIMITED TO A FINDING OF
CONTEMPT, but the court of claims A PANEL OF COMMISSIONERS shall 1,542
not find a person in contempt for refusal to submit to a mental 1,543
or physical examination.
Sec. 2743.64. A single commissioner or THE ATTORNEY 1,552
GENERAL, a panel of court of claims PANEL OF commissioners, OR A 1,554
JUDGE OF THE COURT OF CLAIMS may make an award of reparations 1,555
whether or not any person is prosecuted or convicted for 1,557
committing the conduct that is the basis of the award. Proof of 1,558
conviction of a person whose conduct gave rise to a claim is 1,559
conclusive evidence that the crime was committed, unless an 1,560
application for rehearing, an appeal of the conviction, or 1,561
certiorari is pending, or a rehearing or new trial has been 1,562
35
ordered.
If the prosecuting attorney of the county in which the 1,564
criminally injurious conduct allegedly occurred or the attorney 1,565
general requests the suspension of proceedings in any claim for 1,566
an award of reparations and if the request is made because of the 1,567
commencement of a criminal prosecution, a single commissioner or 1,568
a panel of commissioners THE ATTORNEY GENERAL may suspend, 1,569
because a criminal prosecution has been commenced or is imminent, 1,571
the proceedings in any claim for an award of reparations for a 1,572
definite period of time, and may make a tentative AN EMERGENCY 1,573
award under section 2743.67 of the Revised Code. 1,575
Sec. 2743.65. (A) As part of an order, a single 1,584
commissioner or a panel of court of claims commissioners shall 1,585
determine and award reasonable THE ATTORNEY GENERAL SHALL 1,588
DETERMINE, AND THE STATE SHALL PAY, IN ACCORDANCE WITH THIS
SECTION attorney's fees, commensurate with services rendered, to 1,590
be paid by the state to the attorney representing a claimant 1,591
under sections 2743.51 to 2743.72 of the Revised Code. 1,592
Additional attorney's fees may be awarded by the court of claims 1,593
in the event of appeal. Attorney's fees may be denied upon a 1,594
finding that the claim or appeal is frivolous. Awards of 1,595
attorney's fees shall be in addition to awards of reparations, 1,596
and attorney's fees may be awarded whether or not an award of 1,597
reparations is made. An attorney who represents an applicant for 1,598
an award of reparations shall not charge the applicant for the 1,599
services rendered in relation to that representation and shall 1,600
apply to the court of claims for payment for the representation. 1,601
THE ATTORNEY SHALL SUBMIT ON AN APPLICATION FORM AN ITEMIZED FEE 1,603
BILL AT THE RATE OF SIXTY DOLLARS PER HOUR UPON RECEIPT OF THE 1,604
FINAL DECISION ON THE CLAIM. ATTORNEY'S FEES PAID PURSUANT TO 1,606
THIS SECTION ARE SUBJECT TO THE FOLLOWING MAXIMUM AMOUNTS: 1,607
(1) A MAXIMUM OF SEVEN HUNDRED TWENTY DOLLARS FOR CLAIMS 1,609
RESOLVED WITHOUT THE FILING OF AN APPEAL TO THE PANEL OF 1,610
COMMISSIONERS;
36
(2) A MAXIMUM OF ONE THOUSAND TWENTY DOLLARS FOR CLAIMS IN 1,612
WHICH AN APPEAL TO THE PANEL OF COMMISSIONERS IS FILED PLUS, AT 1,613
THE REQUEST OF AN ATTORNEY WHOSE MAIN OFFICE IS NOT IN FRANKLIN 1,614
COUNTY, DELAWARE COUNTY, LICKING COUNTY, FAIRFIELD COUNTY, 1,616
PICKAWAY COUNTY, MADISON COUNTY, OR UNION COUNTY, AN AMOUNT FOR 1,617
THE ATTORNEY'S TRAVEL TIME TO ATTEND THE ORAL HEARING BEFORE THE 1,618
PANEL OF COMMISSIONERS AT THE RATE OF THIRTY DOLLARS PER HOUR; 1,619
(3) A MAXIMUM OF ONE THOUSAND THREE HUNDRED TWENTY DOLLARS 1,621
FOR CLAIMS IN WHICH AN APPEAL TO A JUDGE OF THE COURT OF CLAIMS 1,622
IS FILED PLUS, AT THE REQUEST OF AN ATTORNEY WHOSE MAIN OFFICE IS 1,623
NOT IN FRANKLIN COUNTY, DELAWARE COUNTY, LICKING COUNTY, 1,624
FAIRFIELD COUNTY, PICKAWAY COUNTY, MADISON COUNTY, OR UNION 1,625
COUNTY, AN AMOUNT FOR THE ATTORNEY'S TRAVEL TIME TO ATTEND THE 1,626
ORAL HEARING BEFORE THE JUDGE AT THE RATE OF THIRTY DOLLARS PER 1,627
HOUR;
(4) A MAXIMUM OF SEVEN HUNDRED TWENTY DOLLARS FOR A 1,629
SUPPLEMENTAL REPARATIONS APPLICATION; 1,630
(5) A MAXIMUM OF TWO HUNDRED DOLLARS IF THE CLAIM IS 1,632
DENIED ON THE BASIS OF A CLAIMANT'S OR VICTIM'S CONVICTION OF A 1,633
FELONY OFFENSE PRIOR TO THE FILING OF THE CLAIM. IF THE CLAIMANT 1,634
OR VICTIM IS CONVICTED OF A FELONY OFFENSE DURING THE PENDENCY OF 1,635
THE CLAIM, THE TWO HUNDRED DOLLARS MAXIMUM DOES NOT APPLY. IF 1,636
THE ATTORNEY HAD KNOWLEDGE OF THE CLAIMANT'S OR VICTIM'S FELONY 1,637
CONVICTION PRIOR TO THE FILING OF THE APPLICATION FOR THE CLAIM, 1,638
THE ATTORNEY GENERAL MAY DETERMINE THAT THE FILING OF THE CLAIM 1,639
WAS FRIVOLOUS AND MAY DENY ATTORNEY'S FEES. 1,640
(B) THE ATTORNEY GENERAL MAY DETERMINE THAT AN ATTORNEY BE 1,642
REIMBURSED FOR FEES INCURRED IN THE CREATION OF A GUARDIANSHIP IF 1,643
THE GUARDIANSHIP IS REQUIRED IN ORDER FOR AN INDIVIDUAL TO 1,645
RECEIVE AN AWARD OF REPARATIONS, AND THOSE FEES SHALL BE 1,646
REIMBURSED AT A RATE OF SIXTY DOLLARS PER HOUR. 1,647
(C)(1) THE ATTORNEY GENERAL SHALL FORWARD AN APPLICATION 1,649
FORM FOR ATTORNEY'S FEES TO A CLAIMANT'S ATTORNEY BEFORE OR WHEN 1,650
THE FINAL DECISION ON A CLAIM IS RENDERED. THE APPLICATION FORM 1,652
37
FOR ATTORNEY'S FEES SHALL DO ALL OF THE FOLLOWING:
(a) INFORM THE ATTORNEY OF THE REQUIREMENTS OF THIS 1,654
SECTION;
(b) REQUIRE A VERIFICATION STATEMENT COMPORTING WITH THE 1,656
RULES OF THE COURT OF CLAIMS AND WITH THE LAW PROHIBITING 1,657
FALSIFICATION;
(c) REQUIRE AN ITEMIZED FEE STATEMENT; 1,659
(d) REQUIRE A VERIFICATION STATEMENT THAT THE CLAIMANT WAS 1,661
SERVED A COPY OF THE COMPLETED APPLICATION FORM; 1,662
(e) INCLUDE NOTICE THAT THE CLAIMANT MAY OPPOSE THE 1,664
APPLICATION BY NOTIFYING THE ATTORNEY GENERAL IN WRITING WITHIN 1,665
TEN DAYS.
(2) THE ATTORNEY GENERAL SHALL FORWARD A COPY OF THIS 1,667
SECTION TO THE ATTORNEY WITH THE APPLICATION FORM FOR ATTORNEY'S 1,668
FEES. THE ATTORNEY SHALL FILE THE APPLICATION FORM WITH THE 1,669
ATTORNEY GENERAL. THE ATTORNEY GENERAL'S DECISION WITH RESPECT 1,670
TO AN AWARD OF ATTORNEY'S FEES IS FINAL TEN DAYS AFTER THE 1,671
ATTORNEY GENERAL RENDERS THE DECISION AND MAILS A COPY OF THE 1,672
DECISION TO THE ATTORNEY AT THE ADDRESS PROVIDED BY THE ATTORNEY. 1,673
THE ATTORNEY MAY REQUEST RECONSIDERATION OF THE DECISION ON 1,674
GROUNDS THAT IT IS INSUFFICIENT OR CALCULATED INCORRECTLY. THE 1,675
ATTORNEY GENERAL'S DECISION ON THE REQUEST FOR RECONSIDERATION IS 1,676
FINAL.
(D) THE ATTORNEY GENERAL SHALL REVIEW ALL APPLICATION 1,678
FORMS FOR ATTORNEY'S FEES THAT ARE SUBMITTED BY A CLAIMANT'S 1,679
ATTORNEY AND SHALL ISSUE AN ORDER APPROVING THE AMOUNT OF FEES TO 1,680
BE PAID TO THE ATTORNEY WITHIN SIXTY DAYS AFTER RECEIPT OF THE 1,681
APPLICATION FORM. 1,682
(E) NO ATTORNEY'S FEES SHALL BE PAID FOR THE FOLLOWING: 1,684
(1) ESTATE WORK OR REPRESENTATION OF A CLAIMANT AGAINST A 1,686
COLLATERAL SOURCE; 1,687
(2) DUPLICATION OF INVESTIGATIVE WORK REQUIRED TO BE 1,689
PERFORMED BY THE ATTORNEY GENERAL; 1,690
(3) PERFORMANCE OF UNNECESSARY CRIMINAL INVESTIGATION OF 1,692
38
THE OFFENSE; 1,693
(4) PRESENTING OR APPEALING AN ISSUE THAT HAS BEEN 1,695
REPEATEDLY RULED UPON BY THE HIGHEST APPELLATE AUTHORITY, UNLESS 1,696
A UNIQUE SET OF FACTS OR UNIQUE ISSUE OF LAW EXISTS THAT 1,697
DISTINGUISHES IT;
(5) A FEE REQUEST THAT IS UNREASONABLE, IS NOT 1,699
COMMENSURATE WITH SERVICES RENDERED, VIOLATES THE OHIO CODE OF 1,700
PROFESSIONAL RESPONSIBILITY, OR IS BASED UPON SERVICES THAT ARE 1,701
DETERMINED TO BE FRIVOLOUS.
(F)(1) THE ATTORNEY GENERAL MAY REDUCE OR DENY THE PAYMENT 1,703
OF ATTORNEY'S FEES TO AN ATTORNEY WHO HAS FILED A FRIVOLOUS 1,704
CLAIM. SUBJECT TO DIVISION (A)(5) OF THIS SECTION, THE DENIAL OF 1,705
A CLAIM ON THE BASIS OF A FELONY CONVICTION, FELONY CONDUCT, OR 1,706
CONTRIBUTORY MISCONDUCT DOES NOT CONSTITUTE A FRIVOLOUS CLAIM. 1,707
(2) AS USED IN THIS SECTION, "FRIVOLOUS CLAIM" MEANS A 1,709
CLAIM IN WHICH THERE IS CLEARLY NO LEGAL GROUNDS UNDER THE 1,710
EXISTING LAWS OF THIS STATE TO SUPPORT THE FILING OF A CLAIM ON 1,711
BEHALF OF THE CLAIMANT OR VICTIM. 1,712
(G) THE ATTORNEY GENERAL MAY DETERMINE THAT A LESSER 1,714
NUMBER OF HOURS SHOULD HAVE BEEN REQUIRED IN A GIVEN CASE. 1,715
ADDITIONAL REIMBURSEMENT MAY BE MADE WHERE THE ATTORNEY 1,716
DEMONSTRATES TO THE ATTORNEY GENERAL THAT THE NATURE OF THE 1,717
PARTICULAR CLAIM REQUIRED THE EXPENDITURE OF AN AMOUNT IN EXCESS
OF THAT ALLOWED. 1,718
(H) A CONTRACT OR OTHER AGREEMENT BETWEEN AN ATTORNEY AND 1,721
ANY PERSON THAT PROVIDES FOR THE PAYMENT OF ATTORNEY'S FEES OR 1,723
OTHER PAYMENTS IN EXCESS OF THE ATTORNEY'S FEES ALLOWED UNDER
THIS SECTION FOR REPRESENTING A CLAIMANT UNDER SECTIONS 2743.51 1,724
TO 2743.72 OF THE REVISED CODE SHALL BE VOID AND UNENFORCEABLE. 1,726
(B)(I) Each witness who appears in a hearing on a claim 1,728
for an award of reparations shall receive compensation in an 1,729
amount equal to that received by witnesses in civil cases as 1,730
provided in section 2335.06 of the Revised Code. 1,731
Sec. 2743.66. (A) An order of a single commissioner or a 1,740
39
panel of A DECISION OF THE ATTORNEY GENERAL, ORDER OF A court of 1,741
claims PANEL OF commissioners, OR JUDGMENT OF A JUDGE OF THE 1,742
COURT OF CLAIMS granting an award of reparations may provide for 1,744
the payment of the award in a lump sum or in installments. The 1,745
part of an award equal to the amount of economic loss accrued to 1,746
the date of the award shall be paid in a lump sum. An award for 1,747
allowable expense that would accrue after the award is made shall 1,748
not be paid in a lump sum. Except as provided in division (B) of 1,749
this section, the part of an award not paid in a lump sum shall 1,750
be paid in installments.
(B) Upon the motion of the claimant or upon the 1,752
recommendation of, the attorney general, a single commissioner or 1,754
a panel of commissioners may commute future economic loss, other 1,755
than allowable expense, to a lump sum but only upon a finding 1,756
that either of the following applies: 1,757
(1) The award in a lump sum will promote the interests of 1,759
the claimant. 1,760
(2) The present value of all future economic loss, other 1,762
than allowable expense, does not exceed one thousand dollars. 1,763
(C) A single commissioner or a panel of commissioners THE 1,765
ATTORNEY GENERAL may make an award for future economic loss 1,766
payable in installments only for a period as to which future 1,767
economic loss reasonably can be determined. An award for future 1,769
economic loss payable in installments may be reconsidered and 1,770
modified upon a finding that a material and substantial change of 1,771
circumstances has occurred.
(D) An award is not subject to execution, attachment, 1,773
garnishment, or other process, except that, upon receipt of an 1,774
award by a claimant: 1,775
(1) The part of the award that is for allowable expense or 1,777
funeral expense is not exempt from such action by a creditor to 1,778
the extent that the creditor provided products, services, or 1,779
accommodations the costs of which are included in the award. 1,781
(2) The part of the award that is for work loss shall not 1,783
40
be exempt from such action to secure payment of spousal support, 1,784
other maintenance, or child support. 1,785
(3) The attorney general may recover the award pursuant to 1,788
section 2743.72 of the Revised Code if it is discovered that the 1,789
claimant actually was not eligible for the award or that the 1,790
award otherwise should not have been made under the standards and 1,791
criteria set forth in sections 2743.51 to 2743.72 of the Revised 1,792
Code.
(4) If the claimant receives compensation from any other 1,794
person or entity, including a collateral source, for an expense 1,795
that is included within the award, the attorney general may 1,796
recover pursuant to section 2743.72 of the Revised Code the part 1,798
of the award that represents the expense for which the claimant
received the compensation from the other person or entity. 1,799
(E) An assignment or agreement to assign a right to an 1,801
award of reparations is unenforceable, except that an assignment 1,802
of a right to receive payment of all or any part of an award of 1,803
reparations shall be enforceable and shall be honored by a single 1,804
commissioner or a panel of commissioners if all of the following 1,805
apply: 1,806
(1) Pursuant to this section, the claimant or the victim 1,808
through whom the claimant claims an award of reparations assigns 1,810
his or her right to receive payment of all or any part of an 1,811
award of reparations for unreimbursed allowable expenses for 1,812
products, services, or accommodations provided by the assignee or 1,813
for unreimbursed funeral expense for services provided by the 1,814
assignee;
(2) The unreimbursed allowable expenses for products, 1,816
services, or accommodations provided by the assignee that are the 1,817
subject of the assignment and that are included in an award of 1,818
reparations exceed five hundred dollars, or the unreimbursed 1,820
funeral expense for services provided by the assignee that is the 1,821
subject of the assignment and that is included in an award of 1,822
reparations exceeds five hundred dollars; 1,823
41
(3) The assignee delivers the assignment to the attorney 1,825
general before the attorney general has submitted the attorney 1,826
general's finding of fact and recommendation pursuant to section 1,828
2743.59 of the Revised Code; 1,829
(4) The assignment delivered to the attorney general 1,831
appears on a separate document, the exclusive subject of which is 1,832
"assignment of a right to payment of all or part of an award of 1,833
reparations," and the separate document is duly signed and dated 1,835
by the assignor and attested by one or more witnesses; 1,836
(5) After an investigation by the attorney general, a 1,838
single commissioner or a panel of commissioners determines that 1,839
the assignment is valid and that it was entered into voluntarily 1,840
by all parties. 1,841
(F) For each assignment that meets the requirements of 1,843
divisions (E)(1) to (5) of this section, the order granting an 1,844
award of reparations shall state separately the amount of the 1,845
award or any part of the award that is based upon unreimbursed 1,847
allowable expenses or unreimbursed funeral expense, whichever is 1,848
the subject of the assignment, and the assignment shall be 1,850
recognized for only that amount. If the assignee has not 1,851
cooperated in the investigation of the claim, a single 1,852
commissioner or a panel of commissioners may refuse to recognize 1,853
an assignment, upon good cause shown. The clerk of the court of 1,854
claims shall send a copy of the order granting or denying an 1,855
award to the assignee by regular mail.
If an award is limited pursuant to division (C) or (I) of 1,857
section 2743.60 of the Revised Code, a single commissioner or a 1,858
panel of commissioners may order that payment be made to all 1,859
claimants and their assignees upon a pro rata basis. A single 1,860
commissioner or a panel of commissioners may determine the terms 1,861
of the award issued, including whether the award is to be paid 1,862
jointly to the claimant and assignee or separately to the 1,863
claimant and assignee. 1,864
The assignee shall not be considered a claimant or party in 1,866
42
a claim for an award of reparations that is filed pursuant to 1,867
this chapter. The assignee has no right to appear in any hearing 1,868
before a commissioner, panel of commissioners, or judge of the 1,869
court of claims or to object to or appeal any determination made 1,870
by a commissioner, panel of commissioners, or judge of the court 1,871
of claims. Any records of the assignee that are related to the 1,872
assignment shall be preserved for five years after the assignment 1,873
is delivered to the attorney general. After the assignment is 1,874
executed, the assignee shall not pursue collection efforts 1,875
against the assignor or the claimant who claims through the 1,876
assignor until a final determination has been made by a single 1,877
commissioner or a panel of commissioners in the court of claims, 1,878
except to the extent that direct payment has been made to the 1,879
assignor or the claimant who claims through the assignor from a 1,880
collateral source. 1,881
Upon receipt of payment from any person, including a 1,883
collateral source, of all or a part of the funeral expense or 1,884
allowable expenses that are the subject of the assignment, the 1,886
assignee immediately shall notify the attorney general of the 1,888
payment. The assignee shall return any moneys already accepted 1,889
from the reparations fund that represent a duplicate payment of 1,890
funeral expense or allowable expenses that are the subject of the 1,892
assignment. If notice of payment is received from the assignee 1,893
after the attorney general has submitted the finding of fact and 1,894
recommendation, the attorney general shall immediately notify the 1,895
court of claims of the payment. If payment has been made from 1,896
the fund to an assignee, when the attorney general receives from 1,897
the assignee the notice of payment concerning payment from any 1,898
person including a collateral source, the attorney general shall 1,899
institute any necessary subrogation proceedings pursuant to 1,900
section 2743.72 of the Revised Code.
(G) If a person entitled to an award of reparations is 1,902
under eighteen years of age and if the amount of the award 1,904
exceeds one thousand dollars, the order providing for the payment 1,905
43
of the award shall specify that the award be paid either to the 1,906
guardian of the estate of the minor appointed pursuant to Chapter 1,907
2111. of the Revised Code or to the person or depository 1,908
designated by the probate court under section 2111.05 of the 1,909
Revised Code. If a person entitled to an award of reparations is 1,910
under eighteen years of age and if the amount of the award is one 1,911
thousand dollars or less, the order providing for the payment of 1,913
the award may specify that the award be paid to an adult member 1,914
of the family of the minor who is legally responsible for the 1,916
minor's care or to any other person designated by the 1,917
commissioner ATTORNEY GENERAL or panel of commissioners issuing 1,918
the DECISION OR order.
Sec. 2743.67. THE ATTORNEY GENERAL MAY MAKE AN EMERGENCY 1,920
AWARD IF, BEFORE ACTING ON AN APPLICATION FOR AN AWARD OF 1,921
REPARATIONS UNDER THIS SECTION, IT APPEARS LIKELY THAT A FINAL 1,923
AWARD WILL BE MADE, AND THE CLAIMANT OR VICTIM WILL SUFFER UNDUE 1,924
HARDSHIP IF IMMEDIATE ECONOMIC RELIEF IS NOT OBTAINED. AN 1,925
EMERGENCY AWARD SHALL NOT EXCEED TWO THOUSAND DOLLARS. THE 1,926
ATTORNEY GENERAL OR THE COURT OF CLAIMS PANEL OF COMMISSIONERS 1,927
SHALL DEDUCT AN AMOUNT OF THE EMERGENCY AWARD FROM THE FINAL 1,928
AWARD, OR THE CLAIMANT OR VICTIM SHALL REPAY THE AMOUNT OF THE 1,929
EMERGENCY AWARD THAT EXCEEDS THE FINAL AWARD MADE TO THE 1,930
CLAIMANT.
Sec. 2743.68. A claimant may file a supplemental 1,939
reparations application in a claim if a commissioner, THE 1,940
ATTORNEY GENERAL, A COURT OF CLAIMS panel of commissioners, or 1,942
judge of the court of claims has, within five years prior to the 1,944
filing of the supplemental application, HAS made any of the
following determinations: 1,946
(A) That an award, supplemental award, or installment 1,948
award be granted;
(B) That an award, supplemental award, or installment 1,950
award be conditioned or denied because of actual or potential 1,951
recovery from a collateral source;
44
(C) That an award, supplemental award, or installment 1,953
award be denied because the claimant had not incurred any 1,954
economic loss at that time.
Sec. 2743.69. The court of claims ATTORNEY GENERAL shall 1,963
prepare and transmit annually to the governor and the general 1,965
assembly, THE PRESIDENT OF THE SENATE, THE SPEAKER OF THE HOUSE, 1,966
AND THE MINORITY LEADERS OF BOTH HOUSES a report of the 1,968
activities of the court of claims commissioners OHIO CRIME 1,969
VICTIMS COMPENSATION PROGRAM UNDER SECTIONS 2743.51 TO 2743.72 OF 1,970
THE REVISED CODE. The report shall include the number of claims 1,971
filed, the number of awards made and the amount of each award, 1,972
and a statistical summary of awards made and denied, including 1,973
the average size of awards; the balance in the reparations fund, 1,974
with a listing by source and amount of the moneys that have been 1,975
deposited in the fund; the amount that has been withdrawn from 1,976
the fund, including separate listings of the administrative costs 1,977
incurred by the ATTORNEY GENERAL AND A court of claims PANEL OF 1,978
COMMISSIONERS, salaries of commissioners, compensation of judges 1,980
and court personnel, AND the amount awarded as attorney's fees, 1,981
and the amount withdrawn by the attorney general after
certification of his costs of investigation and recommendation. 1,983
The attorney general and director of budget and management shall 1,984
assist the court of claims ATTORNEY GENERAL in the preparation of 1,986
the report required by this section. 1,987
Sec. 2743.71. (A) Any law enforcement agency that 1,996
investigates, and any prosecuting attorney, city director of law, 1,997
village solicitor, or similar prosecuting authority who 1,998
prosecutes, an offense committed in this state shall, upon first 1,999
contact with the victim or his THE VICTIM'S family or dependents, 2,001
give the victim or his THE VICTIM'S family or dependents a copy 2,002
of an information card or other printed material provided by the 2,004
clerk of the court of claims ATTORNEY GENERAL pursuant to 2,005
division (B) of this section and explain, upon request, the 2,007
information on the card or material to the victim or his THE 2,008
45
VICTIM'S family or dependents.
(B) The clerk of the court of claims ATTORNEY GENERAL 2,010
shall have printed, and shall provide to law enforcement 2,011
agencies, prosecuting attorneys, city directors of law, village 2,012
solicitors, and similar prosecuting authorities, cards or other 2,013
materials that contain information explaining awards of 2,014
reparations. The information on the cards or other materials 2,015
shall include, but shall not be limited to, the following 2,016
statements:
(1) Awards of reparations are limited to losses that are 2,018
caused by physical injury resulting from criminally injurious 2,019
conduct; 2,020
(2) Reparations applications are required to be filed 2,022
within two years after the date of the criminally injurious 2,023
conduct if the victim was an adult, or within the period provided 2,024
by division (C)(1) of section 2743.56 of the Revised Code if the 2,025
victim of the criminally injurious conduct was a minor; 2,026
(3) An attorney who represents an applicant for an award 2,028
of reparations cannot charge the applicant for the services 2,029
rendered in relation to that representation but is required to 2,030
apply to the court of claims ATTORNEY GENERAL for payment for the 2,032
representation;
(4) Applications for awards of reparations may be obtained 2,034
from THE ATTORNEY GENERAL, LAW ENFORCEMENT AGENCIES, AND VICTIM 2,035
ASSISTANCE AGENCIES and are to be filed with, the clerk of the 2,036
court of claims or the clerk of the court of common pleas 2,038
ATTORNEY GENERAL.
(C) The court of claims commissioners, with the approval 2,040
of the attorney general, may order that a reasonable amount of 2,041
money be paid out of the reparations fund, subject to the 2,042
limitation imposed by division (D) of this section, to the clerk 2,043
of the court of claims to be used by the clerk FOR USE BY THE 2,044
ATTORNEY GENERAL to publicize the availability of awards of 2,046
reparations.
46
(D) During any fiscal year of the court of claims, the 2,048
total expenditure for the printing and providing of information 2,049
cards or other materials pursuant to division (B) of this section 2,050
and for the publicizing of the availability of awards of 2,051
reparations pursuant to division (C) of this section shall not 2,052
exceed two per cent of the total of all court costs deposited, in 2,053
accordance with section 2743.70 of the Revised Code, in the 2,054
reparations fund during the immediately preceding fiscal year of 2,055
the court. 2,056
Sec. 2743.711. THE ATTORNEY GENERAL IS THE LEGAL 2,058
REPRESENTATIVE OF THE REPARATIONS FUND ESTABLISHED BY SECTION 2,059
2743.191 OF THE REVISED CODE. THE ATTORNEY GENERAL MAY 2,060
INSTITUTE, PROSECUTE, AND SETTLE ACTIONS OR PROCEEDINGS FOR THE 2,062
ENFORCEMENT OF THE REPARATIONS FUND'S RIGHT OF REPAYMENT, 2,063
REIMBURSEMENT, RECOVERY, AND SUBROGATION. THE ATTORNEY GENERAL 2,064
SHALL DEFEND ALL SUITS, ACTIONS, OR PROCEEDINGS BROUGHT AGAINST 2,065
THE FUND.
Sec. 2743.72. (A) If an award of reparations is made 2,074
under sections 2743.51 to 2743.71 of the Revised Code, the state, 2,075
upon the payment of the award or a part of the award, is 2,076
subrogated to all of the claimant's rights to receive or recover 2,077
benefits or advantages for economic loss for which an award of 2,078
reparations was made from a source that is a collateral source or 2,079
would be a collateral source if it were readily available to the 2,080
victim or claimant. The claimant may sue the offender for any 2,081
damages or injuries caused by the offender's criminally injurious 2,082
conduct and not compensated for by an award of reparations. The 2,083
claimant may join with the attorney general as co-plaintiff in 2,084
any action against the offender. 2,085
(B) If payment is made to an assignee pursuant to 2,087
divisions (E) and (F) of section 2743.66 of the Revised Code as a 2,088
result of the payment of an award of reparations, the state is 2,089
subrogated to all of the assignee's rights to receive or recover 2,090
benefits or advantages for funeral expense or allowable expenses 2,091
47
for which a reparations payment was made, from a source that is a 2,092
collateral source or would be a collateral source if it were 2,093
readily available to the victim, claimant, or assignee. 2,094
THE PAYMENT OF AN AWARD OF REPARATIONS FROM THE REPARATIONS 2,096
FUND ESTABLISHED BY SECTION 2743.191 OF THE REVISED CODE CREATES 2,098
A RIGHT OF REIMBURSEMENT, REPAYMENT, AND SUBROGATION IN FAVOR OF 2,099
THE REPARATIONS FUND FROM AN INDIVIDUAL WHO IS CONVICTED OF THE 2,101
OFFENSE THAT IS THE BASIS OF THE AWARD OF REPARATIONS. FOR 2,102
PURPOSES OF ESTABLISHING AN INDIVIDUAL'S LIABILITY UNDER THIS 2,103
PROVISION, A CERTIFIED JUDGMENT OF THE INDIVIDUAL'S CONVICTION 2,104
TOGETHER WITH THE RELATED INDICTMENT IS ADMISSIBLE AS EVIDENCE TO 2,105
PROVE THE INDIVIDUAL'S LIABILITY. 2,106
(B) THE PAYMENT OF AN AWARD OF REPARATIONS FROM THE 2,108
REPARATIONS FUND CREATES A RIGHT OF REIMBURSEMENT, REPAYMENT, AND 2,110
SUBROGATION IN FAVOR OF THE REPARATIONS FUND FROM A THIRD PARTY 2,111
WHO, BECAUSE OF AN EXPRESS OR IMPLIED CONTRACTUAL OR OTHER LEGAL 2,112
RELATIONSHIP, HAD AN OBLIGATION TO PAY ANY EXPENSES FOR WHICH AN 2,113
AWARD OF REPARATIONS WAS MADE. 2,114
(C) If an award of reparations is made to a claimant under 2,117
sections 2743.51 to 2743.72 of the Revised Code and if it is 2,118
discovered that the claimant actually was not eligible for the
award or that the award otherwise should not have been made under 2,119
the standards and criteria set forth in sections 2743.51 to 2,120
2743.72 of the Revised Code, the attorney general FUND is 2,121
entitled to recover the award from the claimant. To recover the 2,123
award, the attorney general may file a finding of fact and 2,124
recommendation against the claimant with a court of claims
commissioner. If, after filing the finding of fact and 2,126
recommendation, the attorney general proves that the claimant 2,127
actually was not eligible for the award or that the award 2,129
otherwise should not have been made under the standards and 2,130
criteria set forth in sections 2743.51 to 2743.72 of the Revised 2,131
Code, the court of claims shall enter an order against the 2,133
claimant that requires the claimant to repay the award to the
48
state.
(D) If an award of reparations is made to a claimant under 2,135
sections 2743.51 to 2743.72 of the Revised Code, AND if the 2,136
claimant receives compensation from any other person or entity, 2,137
including a collateral source, for an expense that is included 2,138
within the award, the attorney general FUND is entitled to 2,139
recover from the claimant the part of the award that represents 2,141
the expense for which the claimant received the compensation from 2,142
the other person or entity. To recover that part of the award, 2,143
the attorney general may file a finding of fact and
recommendation against the claimant with a court of claims 2,144
commissioner. If, after filing the finding of fact and 2,145
recommendation, the attorney general proves that the claimant 2,146
received compensation from any other person or entity, including
a collateral source, for an expense that was included within the 2,147
award, the court of claims shall enter an order against the 2,149
claimant that requires the claimant to repay to the state the 2,150
part of the award that represents the expense for which the 2,151
claimant received the compensation from the other person or
entity. 2,152
(E) THE REPARATIONS FUND IS AN ELIGIBLE RECIPIENT FOR 2,154
PAYMENT OF RESTITUTION. 2,155
(F) THE SUBROGATION RIGHT OF THE REPARATIONS FUND INCLUDES 2,157
THE AMOUNT OF AN AWARD OF REPARATIONS ACTUALLY PAID TO A CLAIMANT 2,158
OR TO ANOTHER PERSON ON THE CLAIMANT'S BEHALF AND A RIGHT OF 2,159
PREPAYMENT FOR THE ANTICIPATED FUTURE PAYMENT OF AN AWARD OF 2,160
REPARATIONS TO BE PAID BY REASON OF CRIMINALLY INJURIOUS CONDUCT. 2,161
(G) THE SUBROGATION RIGHT OF THE REPARATIONS FUND IS 2,163
ENFORCEABLE THROUGH THE FILING OF AN ACTION IN THE FRANKLIN 2,164
COUNTY COURT OF COMMON PLEAS WITHIN SIX YEARS OF THE DATE OF THE 2,165
LAST PAYMENT OF ANY PART OF AN AWARD OF REPARATIONS FROM THE 2,166
FUND. THE TIME OF AN OFFENDER'S IMPRISONMENT SHALL NOT BE 2,167
COMPUTED AS ANY PART OF THIS PERIOD OF LIMITATION. THIS 2,168
SUBROGATION RIGHT MAY BE ESTABLISHED AND ENFORCED IN THE FRANKLIN 2,169
49
COUNTY COURT OF COMMON PLEAS AS AGAINST THE HEIRS AND ASSIGNS OF 2,170
A SUBROGATION DEBTOR.
(H) AS A PREREQUISITE TO BRINGING AN ACTION TO RECOVER AN 2,172
AWARD RELATED TO CRIMINALLY INJURIOUS CONDUCT UPON WHICH 2,173
COMPENSATION IS CLAIMED OR AWARDED, THE CLAIMANT MUST GIVE THE 2,174
ATTORNEY GENERAL PRIOR WRITTEN NOTICE OF THE PROPOSED ACTION. IF 2,175
AN ACTION IS INITIATED PRIOR TO A CLAIMANT FILING A REPARATIONS 2,176
CLAIM OR SUPPLEMENTAL REPARATIONS CLAIM, THE CLAIMANT MUST GIVE 2,177
THE ATTORNEY GENERAL WRITTEN NOTICE OF THE EXISTENCE OF THE 2,178
ACTION. AFTER RECEIVING EITHER NOTICE, THE ATTORNEY GENERAL 2,179
PROMPTLY SHALL DO ONE OF THE FOLLOWING: 2,180
(1) JOIN IN THE ACTION AS A PARTY PLAINTIFF TO RECOVER ANY 2,183
REPARATIONS AWARDED;
(2) REQUIRE THE CLAIMANT TO BRING THE ACTION IN THE 2,185
CLAIMANT'S INDIVIDUAL NAME AS TRUSTEE ON BEHALF OF THE STATE TO 2,186
RECOVER ANY REPARATIONS AWARDED; 2,187
(3) RESERVE THE RIGHTS DESCRIBED IN DIVISION (H)(1) OR (2) 2,189
OF THIS SECTION. 2,190
IF, AS REQUESTED BY THE ATTORNEY GENERAL, THE CLAIMANT 2,192
BRINGS THE ACTION AS TRUSTEE AND THE CLAIMANT RECOVERS 2,193
COMPENSATION AWARDED BY THE REPARATIONS FUND, THE CLAIMANT MAY 2,194
DEDUCT FROM THE COMPENSATION RECOVERED ON BEHALF OF THE STATE THE 2,195
REASONABLE EXPENSES INCLUDING ATTORNEY'S FEES ALLOCABLE BY THE 2,196
COURT FOR THAT RECOVERY.
(I) A CLAIMANT SHALL NOT SETTLE OR RESOLVE ANY ACTION 2,198
ARISING OUT OF CRIMINALLY INJURIOUS CONDUCT WITHOUT WRITTEN 2,199
AUTHORIZATION FROM THE ATTORNEY GENERAL TO DO SO. ANY ATTEMPT BY 2,200
A THIRD PARTY OR AN OFFENDER, OR AN AGENT, AN INSURER, OR 2,201
ATTORNEYS OF THIRD PARTIES OR OFFENDERS, TO SETTLE AN ACTION IS 2,202
VOID AND SHALL RESULT IN NO RELEASE FROM LIABILITY TO THE 2,203
REPARATIONS FUND.
(J) IF THERE IS MORE THAN ONE OFFENDER IN CONNECTION WITH 2,205
AN INSTANCE OF CRIMINALLY INJURIOUS CONDUCT, EACH OFFENDER IS 2,206
JOINTLY AND SEVERALLY LIABLE TO PAY TO THE REPARATIONS FUND THE 2,207
50
FULL AMOUNT OF THE REPARATIONS AWARD. 2,208
(K) THE RIGHT OF THE REPARATIONS FUND TO REPAYMENT, 2,210
REIMBURSEMENT, AND SUBROGATION UNDER SECTIONS 2743.711 AND 2,212
2743.72 OF THE REVISED CODE IS AUTOMATIC, REGARDLESS OF WHETHER 2,213
THE REPARATIONS FUND IS JOINED AS A PARTY IN AN ACTION BY A 2,214
CLAIMANT AGAINST AN OFFENDER OR THIRD PARTY IN CONNECTION WITH 2,215
CRIMINALLY INJURIOUS CONDUCT. 2,216
(L) THE REPARATIONS FUND, THROUGH THE ATTORNEY GENERAL, 2,218
MAY ASSERT ITS REPAYMENT, REIMBURSEMENT, OR SUBROGATION RIGHTS 2,219
THROUGH CORRESPONDENCE WITH THE CLAIMANT, OFFENDER, OR THIRD 2,220
PARTY, OR THEIR LEGAL REPRESENTATIVES. THE ASSERTION IS NOT TO 2,221
BE CONSIDERED THE ASSERTION OF A CONSUMER DEBT. 2,222
(M) THE REPARATIONS FUND, THROUGH THE ATTORNEY GENERAL, 2,224
MAY INSTITUTE AND PURSUE LEGAL PROCEEDINGS AGAINST AN OFFENDER, 2,225
THIRD PARTY, OR OVERPAID CLAIMANT. IN ACTIONS AGAINST AN 2,226
OFFENDER OR THIRD PARTY, THE CLAIMANT AND VICTIM ARE NOT 2,227
NECESSARY PARTIES TO THE ACTION. 2,228
(N) THE COSTS AND ATTORNEY'S FEES OF THE ATTORNEY GENERAL 2,230
IN ENFORCING THE REPARATIONS FUND'S REIMBURSEMENT, REPAYMENT, OR 2,231
SUBROGATION RIGHTS ARE FULLY RECOVERABLE FROM THE LIABLE 2,232
OFFENDER, THIRD PARTY, OR OVERPAID CLAIMANT. 2,233
(O) All moneys that are collected by the state pursuant to 2,236
its rights of subrogation as provided in division (A) or (B) of 2,237
this section or pursuant to the attorney general's authority to 2,238
recover some or all of an award of reparations that is granted 2,239
pursuant to division (C) or (D) of this section shall be 2,240
deposited in the reparations fund. 2,241
Sec. 2907.28. (A) Any cost incurred by a hospital or 2,250
other emergency medical facility in conducting a medical 2,251
examination of a victim of an offense under any provision of 2,252
sections 2907.02 to 2907.06 of the Revised Code for the purpose 2,253
of gathering physical evidence for a possible prosecution shall 2,254
be charged to and paid by the appropriate local government as 2,255
follows: 2,256
51
(1) Cost incurred by a county facility shall be charged to 2,258
and paid by the county; 2,259
(2) Cost incurred by a municipal facility shall be charged 2,261
to and paid by the municipal corporation; 2,262
(3) Cost incurred by a private facility shall be charged 2,264
to and paid by the municipal corporation in which the alleged 2,265
offense was committed, or charged to and paid by the county, if 2,266
committed within an unincorporated area. If separate counts of 2,267
an offense or separate offenses under any provisions of sections 2,268
2907.02 to 2907.06 of the Revised Code took place in more than 2,269
one municipal corporation or more than one unincorporated area, 2,270
or both, the local governments shall share the cost of the 2,271
examination. 2,272
(B) OUT OF THE REPARATIONS FUND ESTABLISHED PURSUANT TO 2,275
SECTION 2743.191 OF THE REVISED CODE, SUBJECT TO THE FOLLOWING 2,276
CONDITIONS:
(1) THE HOSPITAL OR EMERGENCY FACILITY SHALL FOLLOW 2,278
PROTOCOL ADOPTED BY THE OHIO DEPARTMENT OF HEALTH FOR CONDUCTING 2,279
A MEDICAL EXAMINATION OF A VICTIM OF AN OFFENSE UNDER ANY 2,280
PROVISION OF SECTIONS 2907.02 TO 2907.06 OF THE REVISED CODE FOR 2,281
THE PURPOSE OF GATHERING PHYSICAL EVIDENCE FOR A POSSIBLE 2,282
PROSECUTION AND SHALL USE A SEXUAL EXAMINATION KIT THAT MEETS 2,283
THAT PROTOCOL.
(2) THE HOSPITAL OR EMERGENCY FACILITY SHALL SUBMIT 2,285
REQUESTS FOR PAYMENT TO THE ATTORNEY GENERAL ON A MONTHLY BASIS, 2,286
THROUGH A PROCEDURE DETERMINED BY THE ATTORNEY GENERAL AND ON 2,287
FORMS APPROVED BY THE ATTORNEY GENERAL. THE REQUESTS SHALL 2,288
IDENTIFY THE NUMBER OF SEXUAL ASSAULT EXAMINATIONS PERFORMED AND 2,289
SHALL VERIFY THAT ALL REQUIRED PROTOCOLS WERE MET FOR EACH 2,290
EXAMINATION FORM SUBMITTED FOR PAYMENT IN THE REQUEST. 2,291
(3) THE ATTORNEY GENERAL SHALL REVIEW ALL REQUESTS FOR 2,293
PAYMENT THAT ARE SUBMITTED UNDER DIVISION (A)(2) OF THIS SECTION 2,294
AND SHALL SUBMIT FOR PAYMENT AS DESCRIBED IN DIVISION (A)(5) OF 2,295
THIS SECTION ALL REQUESTS THAT MEET THE REQUIREMENTS OF THIS 2,296
52
SECTION.
(4) THE HOSPITAL OR EMERGENCY FACILITY SHALL ACCEPT A FLAT 2,298
FEE PAYMENT FOR CONDUCTING EACH EXAMINATION IN THE AMOUNT 2,299
DETERMINED BY THE ATTORNEY GENERAL PURSUANT TO CHAPTER 119. OF 2,300
THE REVISED CODE AS PAYMENT IN FULL FOR ANY COST INCURRED IN 2,301
CONDUCTING A MEDICAL EXAMINATION AND TEST OF A VICTIM OF AN 2,302
OFFENSE UNDER ANY PROVISION OF SECTIONS 2907.02 TO 2907.06 OF THE 2,303
REVISED CODE FOR THE PURPOSE OF GATHERING PHYSICAL EVIDENCE FOR A
POSSIBLE PROSECUTION OF A PERSON. THE ATTORNEY GENERAL SHALL 2,304
DETERMINE A FLAT FEE PAYMENT AMOUNT TO BE PAID UNDER THIS 2,305
DIVISION THAT IS REASONABLE.
(5) IN APPROVING A PAYMENT UNDER THIS SECTION, THE 2,308
ATTORNEY GENERAL SHALL ORDER THE PAYMENT AGAINST THE STATE AND 2,309
THE DIRECTOR OF BUDGET AND MANAGEMENT AS ITS AGENT FOR PAYMENT. 2,310
THE PAYMENT SHALL BE ACCOMPLISHED ONLY THROUGH THE FOLLOWING 2,311
PROCEDURE, AND THE PROCEDURE MAY BE ENFORCED THROUGH A MANDAMUS
ACTION AND A WRIT OF MANDAMUS DIRECTED TO THE APPROPRIATE 2,312
OFFICIAL: 2,313
(a) THE ATTORNEY GENERAL SHALL CERTIFY THE ATTORNEY 2,315
GENERAL'S APPROVAL OF THE PAYMENT AND SHALL FILE THE 2,316
CERTIFICATION WITH THE DIRECTOR OF BUDGET AND MANAGEMENT. 2,318
(b) UPON RECEIPT OF THE ATTORNEY GENERAL'S CERTIFICATION 2,320
OF APPROVAL OF PAYMENT, THE DIRECTOR SHALL PROVIDE FOR PAYMENT IN 2,321
THE AMOUNT SET FORTH IN THE CERTIFICATION. 2,323
(c) THE EXPENSE OF THE PAYMENT OF THE AMOUNT DESCRIBED IN 2,325
DIVISION (A)(5)(b) OF THIS SECTION SHALL BE CHARGED AGAINST ALL 2,327
AVAILABLE UNENCUMBERED MONEYS IN THE REPARATIONS FUND. 2,328
(B) NO COSTS INCURRED BY A HOSPITAL OR EMERGENCY FACILITY 2,330
IN CONDUCTING A MEDICAL EXAMINATION AND TEST OF ANY VICTIM OF AN 2,331
OFFENSE UNDER ANY PROVISION OF SECTIONS 2907.02 TO 2907.06 OF THE 2,332
REVISED CODE FOR THE PURPOSE OF GATHERING PHYSICAL EVIDENCE FOR A 2,334
POSSIBLE PROSECUTION OF A PERSON SHALL BE BILLED OR CHARGED
DIRECTLY OR INDIRECTLY TO THE VICTIM OR THE VICTIM'S INSURER. 2,335
(C) Any cost incurred by a hospital or other emergency 2,338
53
medical facility in conducting a medical examination and test of 2,339
any person who is charged with a violation of section 2907.02, 2,340
2907.03, 2907.04, 2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 2,342
of the Revised Code or with a violation of a municipal ordinance 2,343
that is substantially equivalent to any of those sections, 2,344
pursuant to division (B) of section 2907.27 of the Revised Code, 2,345
shall be charged to and paid by the accused who undergoes the 2,346
examination and test, unless the court determines that the 2,347
accused is unable to pay, in which case the cost shall be charged 2,348
to and paid by the municipal corporation in which the offense 2,350
allegedly was committed, or charged to and paid by the county if 2,351
the offense allegedly was committed within an unincorporated 2,352
area. If separate counts of an alleged offense or alleged 2,353
separate offenses under section 2907.02, 2907.03, 2907.04, 2,354
2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised 2,356
Code or under a municipal ordinance that is substantially 2,357
equivalent to any of those sections took place in more than one 2,358
municipal corporation or more than one unincorporated area, or 2,359
both, the local governments shall share the cost of the 2,360
examination and test. If a hospital or other emergency medical 2,361
facility has submitted charges for the cost of a medical 2,362
examination and test to an accused and has been unable to collect 2,363
payment for the charges after making good faith attempts to 2,364
collect for a period of six months or more, the cost shall be 2,365
charged to and paid by the appropriate municipal corporation or 2,366
county as specified in division (B)(C) of this section. 2,367
Section 2. That existing sections 2743.191, 2743.51, 2,369
2743.52, 2743.53, 2743.54, 2743.55, 2743.56, 2743.58, 2743.59, 2,370
2743.60, 2743.61, 2743.62, 2743.63, 2743.64, 2743.65, 2743.66, 2,371
2743.68, 2743.69, 2743.71, 2743.72, and 2907.28 and sections 2,372
2743.57 and 2743.67 of the Revised Code are hereby repealed. 2,373
Section 3. For purposes of an application for an award of 2,375
reparations under sections 2743.51 to 2743.72 of the Revised 2,376
Code, economic loss incurred prior to the effective date of this 2,377
54
act shall be determined in accordance with the law in effect at 2,378
the time of the filing of the application, and economic loss 2,379
incurred on or after the effective date of this act shall be 2,380
determined in accordance with the provisions of this act. 2,381
If the Attorney General has filed a finding of fact and 2,383
recommendation with respect to a claim in accordance with section 2,384
2743.59 of the Revised Code prior to the effective date of this 2,385
act, the claim shall be determined procedurally in accordance 2,386
with the law in effect at the time of the filing of the finding 2,387
of fact and recommendation. If the Attorney General has not 2,388
filed a finding of fact and recommendation with respect to a 2,389
claim in accordance with section 2743.59 of the Revised Code 2,390
prior to the effective date of this act, the claim shall be 2,391
determined procedurally in accordance with the provisions of this 2,392
act.
Attorney's fees incurred on an application or supplemental 2,394
application for an award of reparations under sections 2743.51 to 2,395
2743.72 of the Revised Code filed prior to the effective date of 2,396
this act shall be determined in accordance with the law in effect 2,397
at the time of filing of the application, and attorney's fees 2,398
incurred on an application or supplemental application filed on 2,399
or after the effective date of this act shall be determined in 2,400
accordance with the provisions of this act. 2,401
Section 4. Section 2907.28 of the Revised Code is 2,403
presented in this act as a composite of the section as amended by 2,404
both Sub. H.B. 40 and Am. Sub. H.B. 445 of the 121st General 2,405
Assembly, with the new language of neither of the acts shown in 2,406
capital letters. This is in recognition of the principle stated 2,407
in division (B) of section 1.52 of the Revised Code that such 2,408
amendments are to be harmonized where not substantively 2,409
irreconcilable and constitutes a legislative finding that such is 2,410
the resulting version in effect prior to the effective date of 2,411
this act.
Section 5. Sections 1, 2, 3, and 4 of this act shall take 2,413
55
effect July 1, 2000. 2,414
Section 6. Notwithstanding any other provision of law to 2,416
the contrary, the Director of Budget and Management shall 2,417
transfer $1,000,000 cash in fiscal year 2000 from the Reparations 2,419
Fund (Fund 402) to the General Operations Fund created in section 2,420
3701.83 of the Revised Code (Fund 470) in the Department of
Health no later than 15 days after the effective date of this 2,421
act.
Notwithstanding any other provision of law to the contrary, 2,423
the Director of Budget and Management shall transfer $1,500,000 2,424
cash in fiscal year 2001 from the Reparations Fund (Fund 402) to 2,425
the General Operations Fund created in section 3701.83 of the 2,426
Revised Code (Fund 470) in the Department of Health no later than 2,427
July 15, 2000.
Section 7. All items in this section are hereby 2,429
appropriated as designated out of any moneys in the state 2,430
treasury to the credit of the General Operations Fund created by 2,431
section 3701.83 of the Revised Code. For all appropriations made 2,432
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 2,433
appropriations made in this act are in addition to any other 2,435
appropriations made for the 1999-2001 biennium.
DOH DEPARTMENT OF HEALTH 2,436
State Special Revenue Fund Group 2,438
470 440-618 General Operations $ 1,000,000 $ 1,500,000 2,443
TOTAL SSR State Special Revenue 2,444
Fund Group $ 1,000,000 $ 1,500,000 2,447
TOTAL ALL BUDGET FUND GROUPS $ 1,000,000 $ 1,500,000 2,450
Sexual Assault Prevention and Intervention 2,453
Of the foregoing appropriation item 440-618, General 2,455
Operations, $1,000,000 in fiscal year 2000 and $1,500,000 in 2,456
fiscal year 2001 shall be used for the following purposes: 2,457
(A) Funding of new services in counties with no services 2,459
for sexual assault;
56
(B) Expansion of services in currently funded projects so 2,461
that comprehensive crisis intervention and prevention services 2,462
are offered;
(C) Start-up funding for Sexual Assault Nurse Examiner 2,464
(SANE) projects; and
(D) Statewide expansion of local outreach and public 2,466
awareness efforts.
Within the limits set forth in this act, the Director of 2,468
Budget and Management shall establish accounts indicating source 2,469
and amount of funds for each appropriation made in this act, and 2,470
shall determine the form and manner in which appropriation 2,471
accounts shall be maintained. Expenditures from appropriations 2,472
contained in this act shall be accounted for as though made in
Am. Sub. H.B. 283 of the 123rd General Assembly. 2,473
The appropriations made in this act are subject to all 2,475
provisions of Am. Sub. H.B. 283 of the 123rd General Assembly 2,476
that are generally applicable to such appropriations. 2,477