REPRESENTATIVES Willamowski, Seitz, Latta

To amend sections 2307.60, 2307.61, 2307.62, and

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4399.18 of the Revised Code to specify the

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circumstances that would bar the recovery of

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damages in tort actions commenced by criminal

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offenders.

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

Section 1. That sections 2307.60, 2307.61, 2307.62, and	6
4399.18 of the Revised Code be amended to read as follows:	7

Sec. 2307.60. (A) Anyone injured in person or property by a	8
criminal act has, and may recover full damages in, a civil action	9
unless specifically excepted by law, may recover the costs of	10
maintaining the civil action and attorney's fees if authorized by	11
any provision of the Rules of Civil Procedure or another section	12
of the Revised Code or under the common law of this state, and may	13
recover punitive or exemplary damages if authorized by section	14
2315.21 or another section of the Revised Code. No record of a	15
conviction, unless obtained by confession in open court, shall be	16
used as evidence in a civil action brought pursuant to division	17
(A) of this section.	18

(B)(1) As used in division (B) of this section, "tort action"	19
means a civil action for damages for injury, death, or loss to	20
person or property other than a civil action for damages for a	21
breach of contract or another agreement between persons. "Tort	22
action" includes, but is not limited to, a product liability	23
claim, an action for wrongful death under Chapter 2125. of the	24
Revised Code, and an action based on derivative claims for relief.	25

(2) Recovery on a claim for relief in a tort action is	26
barred to any person or the person's legal representative if the	27
person has been convicted of or has pleaded guilty to a felony, or	28
to a misdemeanor that is an offense of violence, arising out of	29
criminal conduct that was a proximate cause of the injury or loss	30
for which relief is claimed in the action.	31

(3) Division (B) of this section does not apply to civil	32
claims based upon alleged intentionally tortious conduct, alleged	33
violations of the United States Constitution, or alleged	34
violations of statutes of the United States pertaining to civil	35
rights.	36

Sec. 2307.61.  (A) If a property owner brings a civil action	37
pursuant to division (A) of section 2307.60 of the Revised Code	38
to recover damages from any person who willfully damages the	39
owner's property or who commits a theft offense, as defined in	40
section 2913.01 of the Revised Code, involving the owner's	41
property, the property owner may recover as follows:	42

(1) In the civil action, the property owner may elect to	43
recover moneys as described in division (A)(1)(a) or (b) of this	44
section:	45

(a) Compensatory damages that may include, but are not	46
limited to, the value of the property and liquidated damages in	47
whichever of the following amounts applies:	48

(i) Fifty dollars, if the value of the property was fifty	49
dollars or less at the time it was willfully damaged or was the	50
subject of a theft offense;	51

(ii) One hundred dollars, if the value of the property was	52
more than fifty dollars, but not more than one hundred dollars, at	53
the time it was willfully damaged or was the subject of a theft	54
offense;	55

(iii) One hundred fifty dollars, if the value of the	56
property was more than one hundred dollars at the time it was	57
willfully damaged or was the subject of a theft offense.	58

(b) Liquidated damages in whichever of the following amounts	59
is greater:	60

(i) Two hundred dollars;

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(ii) Three times the value of the property at the time it	62
was willfully damaged or was the subject of a theft offense,	63
irrespective of whether the property is recovered by way of	64
replevin or otherwise, is destroyed or otherwise damaged, is	65
modified or otherwise altered, or is resalable at its full market	66
price. This division does not apply to a check, negotiable order	67
of withdrawal, share draft, or other negotiable instrument that	68
was returned or dishonored for insufficient funds by a financial	69
institution if the check, negotiable order of withdrawal, share	70
draft, or other negotiable instrument was presented by an	71
individual borrower to a check-cashing business licensed pursuant	72
to sections 1315.35 to 1315.44 of the Revised Code for a	73
check-cashing loan transaction.	74

(2) In a civil action in which the value of the property	75
that was willfully damaged or was the subject of a theft offense	76
is less than five thousand dollars, the property owner may recover	77
damages as described in division (A)(1)(a) or (b) of this section	78
and additionally may recover the reasonable administrative costs,	79
if any, of the property owner that were incurred in connection	80
with actions taken pursuant to division (A)(2) of this section,	81
the cost of maintaining the civil action, and reasonable	82
attorney's fees, if all of the following apply:	83

(a) The property owner, at least thirty days prior to the	84
filing of the civil action, serves a written demand for payment of	85
moneys as described in division (A)(1)(a) of this section and the	86
reasonable administrative costs, if any, of the property owner	87
that have been incurred in connection with actions taken pursuant	88
to division (A)(2) of this section, upon the person who willfully	89
damaged the property or committed the theft offense.	90

(b) The demand conforms to the requirements of division (C)	91
of this section and is sent by certified mail, return receipt	92
requested.	93

(c) Either the person who willfully damaged the property or	94
committed the theft offense does not make payment to the property	95
owner of the amount specified in the demand within thirty days	96
after the date of its service upon that person and does not enter	97
into an agreement with the property owner during that thirty-day	98
period for that payment or the person who willfully damaged the	99
property or committed the theft offense enters into an agreement	100
with the property owner during that thirty-day period for that	101
payment but does not make that payment in accordance with the	102
agreement.	103

(B) If a property owner who brings a civil action pursuant	104
to division (A) of section 2307.60 of the Revised Code to recover	105
damages for willful damage to property or for a theft offense	106
attempts to collect the reasonable administrative costs, if any,	107
of the property owner that have been incurred in connection with	108
actions taken pursuant to division (A)(2) of this section, the	109
cost of maintaining the civil action, and reasonable attorney's	110
fees under authority of that division and if the defendant	111
prevails in the civil action, the defendant may recover from the	112
property owner reasonable attorney's fees, the cost of defending	113
the civil action, and any compensatory damages that may be proven.	114

(C) For purposes of division (A)(2) of this section, a	115
written demand for payment shall include a conspicuous notice to	116
the person upon whom the demand is to be served that indicates all	117
of the following:	118

(1) The willful property damage or theft offense that the	119
person allegedly committed;	120

(2) That, if the person makes payment of the amount	121
specified in the demand within thirty days after its service upon	122
the person or enters into an agreement with the property owner	123
during that thirty-day period for that payment and makes that	124
payment in accordance with the agreement, the person cannot be	125
sued by the property owner in a civil action in relation to the	126
willful property damage or theft offense;	127

(3) That, if the person fails to make payment of the amount	128
specified in the demand within thirty days after the date of its	129
service upon the person and fails to enter into an agreement for	130
that payment with the property owner during that thirty-day period	131
or enters into an agreement for that payment with the property	132
owner during that thirty-day period but does not make that payment	133
in accordance with the agreement, the person may be sued in a	134
civil action in relation to the willful property damage or theft	135
offense;	136

(4) The potential judgment that the person may be required	137
to pay if the person is sued in a civil action in relation to the	138
willful property damage or theft offense and judgment is rendered	139
against the person in that civil action;	140

(5) That, if the person is sued in a civil action by the	141
property owner in relation to the willful property damage or theft	142
offense, if the civil action requests that the person be required	143
to pay the reasonable administrative costs, if any, of the	144
property owner that have been incurred in connection with actions	145
taken pursuant to division (A)(2) of this section, the cost of	146
maintaining the action, and reasonable attorney's fees, and if the	147
person prevails in the civil action, the person may recover from	148
the property owner reasonable attorney's fees, the cost of	149
defending the action, and any compensatory damages that can be	150
proved.	151

(D) If a property owner whose property was willfully damaged	152
or was the subject of a theft offense serves a written demand for	153
payment upon a person who willfully damaged the property or	154
committed the theft offense and if the person makes payment of the	155
amount specified in the demand within thirty days after the date	156
of its service upon the person or the person enters into an	157
agreement with the property owner during that thirty-day period	158
for that payment and makes payment in accordance with the	159
agreement, the property owner shall not file a civil action	160
against the person in relation to the willful property damage or	161
theft offense.	162

(E) If a property owner whose property was willfully damaged	163
or was the subject of a theft offense serves a written demand for	164
payment upon a person who willfully damaged the property or	165
committed the theft offense and if the person, within thirty days	166
after the date of service of the demand upon the person, enters	167
into an agreement with the property owner for the payment of the	168
amount specified in the demand but does not make that payment in	169
accordance with the agreement, the time between the entering of	170
the agreement and the failure to make that payment shall not be	171
computed as any part of the period within which a civil action	172
based on the willful property damage or theft offense must be	173
brought under the Revised Code.	174

(F) A civil action to recover damages for willful property	175
damage or for a theft offense may be joined with a civil action	176
that is brought pursuant to Chapter 2737. of the Revised Code to	177
recover the property. If the two actions are joined, any	178
compensatory damages recoverable by the property owner shall be	179
limited to the value of the property.	180

(G)(1) In a civil action to recover damages for willful	181
property damage or for a theft offense, the trier of fact may	182
determine that an owner's property was willfully damaged or that a	183
theft offense involving the owner's property has been committed,	184
whether or not any person has pleaded guilty to or has been	185
convicted of any criminal offense or has been adjudicated a	186
delinquent child in relation to any act involving the owner's	187
property.	188

(2) This section does not affect the prosecution of any	189
criminal action or proceeding or any action to obtain a delinquent	190
child adjudication in connection with willful property damage or a	191
theft offense.	192

(H) As used in this section:

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(1) "Administrative costs" includes the costs of written	194
demands for payment and associated postage under division (A)(2)	195
of this section.	196

(2) "Value of the property" means one of the following:

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(a) The retail value of any property that is offered for	198
sale by a mercantile establishment, irrespective of whether the	199
property is destroyed or otherwise damaged, is modified or	200
otherwise altered, or otherwise is not resalable at its full	201
market price;	202

(b) The face value of any check or other negotiable	203
instrument that is not honored due to insufficient funds in the	204
drawer's account, the absence of any drawer's account, or another	205
reason, and all charges imposed by a bank, savings and loan	206
association, credit union, or other financial institution upon the	207
holder of the check or other negotiable instrument;	208

(c) The replacement value of any property not described in	209
division (H)(1) or (2) of this section.	210

Sec. 2307.62.  (A) As used in this section:

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(1) "Trier of fact" means the jury or, in a nonjury trial,	212
the court.	213

(2) "Profits" derived from a violation of division (A) or	214
(B) of section 2913.041 of the Revised Code are equal to whichever	215
of the following applies:	216

(a) The gross revenue derived from the violation by the	217
persons who violated division (A) or (B) of section 2913.041 of	218
the Revised Code, as established by a preponderance of the	219
evidence by the owner or operator of the cable television system	220
or other similar closed circuit coaxial cable communications	221
system who is aggrieved by the violation;	222

(b) The gross revenue derived from the violation by the	223
persons who violated division (A) or (B) of section 2913.041 of	224
the Revised Code, as established by a preponderance of the	225
evidence by the owner or operator of the cable television system	226
or other similar closed circuit coaxial cable communications	227
system who is aggrieved by the violation, minus deductible	228
expenses and other elements of profit that are not attributable to	229
the violation of division (A) or (B) of section 2913.041 of the	230
Revised Code, as established by a preponderance of the evidence by	231
the persons who violated either or both of those divisions.	232

(B)(1) An owner or operator of a cable television system or	233
other similar closed circuit coaxial cable communications system	234
who is aggrieved by conduct that is prohibited by division (A) or	235
(B) of section 2913.041 of the Revised Code may elect to commence	236
a civil action for damages in accordance with division (A) of	237
section 2307.60 or section 2307.61 of the Revised Code or to	238
commence a civil action under this section in the appropriate	239
municipal court, county court, or court of common pleas to recover	240
damages and other specified moneys described in division	241
(B)(1)(a), (b), or (c) of this section and, if applicable, damages	242
described in division (B)(2) of this section from the persons who	243
violated division (A) or (B) of section 2913.041 of the Revised	244
Code. If the owner or operator elects to commence a civil action	245
for damages and other specified moneys under this section, the	246
owner or operator shall specify in its complaint which of the	247
following categories of damages and other specified moneys the	248
owner or operator seeks to recover from the persons who violated	249
division (A) or (B) of section 2913.041 of the Revised Code:	250

(a) Full compensatory damages, punitive or exemplary damages	251
if authorized by section 2315.21 of the Revised Code, and the	252
reasonable attorney's fees, court costs, and other reasonable	253
expenses incurred in maintaining the civil action under this	254
section.	255

(b) Damages equal to the actual loss suffered by the owner	256
or operator as a proximate result of the conduct that violated	257
division (A) or (B) of section 2913.041 of the Revised Code and,	258
in addition, damages equal to the profits derived by the persons	259
who violated either or both of those divisions as a proximate	260
result of the prohibited conduct.	261

(c) Liquidated damages in an amount of not less than two	262
hundred fifty dollars and not more than ten thousand dollars, as	263
determined by the trier of fact, for each separate violation of	264
division (A) or (B) of section 2913.041 of the Revised Code as	265
described in division (D) of that section.	266

(2) The trier of fact shall determine the amount of any	267
compensatory damages to be awarded pursuant to division (B)(1)(a)	268
of this section, and the court shall determine the amount of any	269
punitive or exemplary damages authorized by section 2315.21 of the	270
Revised Code and the amount of reasonable attorney's fees, court	271
costs, and other reasonable expenses to be awarded pursuant to	272
division (B)(1)(a) of this section. The trier of fact shall	273
determine the amount of damages to be awarded to the owner or	274
operator under division (B)(1)(b) of this section.	275

(3) In a civil action under this section, if an owner or	276
operator of a cable television system or other similar closed	277
circuit coaxial cable communications system establishes by a	278
preponderance of the evidence that the persons who violated	279
division (A) or (B) of section 2913.041 of the Revised Code	280
engaged in the prohibited conduct for the purpose of direct or	281
indirect commercial advantage or private financial gain, the trier	282
of fact may award to the owner or operator damages in an amount	283
not to exceed fifty thousand dollars in addition to any amount	284
recovered pursuant to division (B)(1)(a), (b), or (c) of this	285
section, whichever of those divisions applies to the owner or	286
operator.	287

(C) A person may join a civil action under this section with	288
a civil action under Chapter 2737. of the Revised Code to recover	289
any property of the owner or operator of a cable television system	290
or other similar closed circuit coaxial cable communications	291
system that was the subject of the violation of division (A) or	292
(B) of section 2913.041 of the Revised Code. A person may	293
commence a civil action under this section regardless of whether	294
any person who allegedly violated either or both of those	295
divisions has pleaded guilty to or has been convicted of a	296
violation of either or both of those divisions or has been	297
adjudicated a delinquent child for the commission of any act that	298
constitutes a violation of either or both of those divisions.	299

Sec. 4399.18.  Notwithstanding division (A) of section	300
2307.60 of the Revised Code and except as otherwise provided in	301
this section and in section 4399.01 of the Revised Code, no	302
person, and no executor or administrator of the person, who	303
suffers personal injury, death, or property damage as a result of	304
the actions of an intoxicated person has a cause of action against	305
any liquor permit holder or an employee of a liquor permit holder	306
who sold beer or intoxicating liquor to the intoxicated person	307
unless the injury, death, or property damage occurred on the	308
permit holder's premises or in a parking lot under the control of	309
the permit holder and was proximately caused by the negligence of	310
the permit holder or an employee of the permit holder. A person	311
has a cause of action against a permit holder or an employee of a	312
permit holder for personal injury, death, or property damage	313
caused by the negligent actions of an intoxicated person occurring	314
off the premises or away from a parking lot under the permit	315
holder's control only when both of the following can be shown by a	316
preponderance of the evidence:	317

(A) The permit holder or an employee of the permit holder	318
knowingly sold an intoxicating beverage to at least one of the	319
following:	320

(1) A noticeably intoxicated person in violation of division	321
(B) of section 4301.22 of the Revised Code;	322

(2) A person in violation of division (C) of section 4301.22	323
of the Revised Code;	324

(3) A person in violation of section 4301.69 of the Revised	325
Code.	326

(B) The person's intoxication proximately caused the	327
personal injury, death, or property damage.	328

Notwithstanding sections 4399.02 and 4399.05 of the Revised	329
Code, no person, and no executor or administrator of the person,	330
who suffers personal injury, death, or property damage as a result	331
of the actions of an intoxicated person has a cause of action	332
against the owner of a building or premises who rents or leases	333
the building or premises to a liquor permit holder against whom a	334
cause of action may be brought under this section, except when the	335
owner and the permit holder are the same person.	336

Section 2. That existing sections 2307.60, 2307.61, 2307.62,	337
and 4399.18 of the Revised Code are hereby repealed.	338