SENATORS Armbruster, Jacobson, Johnson, Blessing, Austria

To amend sections 2307.60 and 2307.61 of the Revised

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Code to reenact the changes to section 2307.60 of

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the Revised Code that were enacted by Am. Sub. H.B.

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350 of the 121st General Assembly and amended by

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Sub. H.B. 547 of the 122nd General Assembly, to

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reenact the changes to section 2307.61 of the

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Revised Code that were enacted by Am. Sub. H.B. 350

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of the 121st General Assembly, and to retain the

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amendments to that section as made by Sub. H.B. 294

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of the 123rd General Assembly.

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

Section 1. That sections 2307.60 and 2307.61 of the Revised	11
Code be amended to read as follows:	12

Sec. 2307.60. (A)(A) Anyone injured in person or property	13
by a criminal act has, and may recover full damages in, a civil	14
action unless specifically excepted by law, may recover the costs	15
of maintaining the civil action and attorney's fees if authorized	16
by any provision of the Rules of Civil Procedure or another	17
section of the Revised Code or under the common law of this state,	18
and may recover punitive or exemplary damages if authorized by	19
section 2315.21 or another section of the Revised Code. AA record	20
of a conviction, unless obtained by confession in open court,	21
shall notnot be used as evidence in a civil action brought	22
pursuant to division (A) ofdivision (A) of this section.	23

(B)(1) As used in division (B) of this section:

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(a) "Harm" means injury, death, or loss to person or	25
property.	26

(b) "Tort action" means a civil action for damages for	27
injury, death, or loss to person or property other than a civil	28
action for damages for a breach of contract or another agreement	29
between persons "Tort action" includes, but is not limited to, a	30
product liability claim, an action for wrongful death under	31
Chapter 2125. of the Revised Code, and an action based on	32
derivative claims for relief.	33

(2) Recovery on a claim for relief in a tort action is	34
barred to any person or the person's legal representative if the	35
person has been convicted of or has pleaded guilty to a felony, or	36
to a misdemeanor that is an offense of violence, arising out of	37
criminal conduct that was a proximate cause of the injury or loss	38
for which relief is claimed in the action.	39

(3) Division (B) of this section does not apply to civil	40
claims based upon alleged intentionally tortious conduct, alleged	41
violations of the United States Constitution, or alleged	42
violations of statutes of the United States pertaining to civil	43
rights.	44

(B)(1) As used in division (B) of this section:

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(a) "Harm" means injury, death, or loss to person or	46
property.	47

(b) "Tort action" means a civil action for damages for	48
injury, death, or loss to person or property other than a civil	49
action for damages for a breach of contract or another agreement	50
between persons. "Tort action" includes, but is not limited to, a	51
product liability claim, an action for wrongful death under	52
Chapter 2125. of the Revised Code, and an action based on	53
derivative claims for relief.	54

(2) Recovery on a claim for relief in a tort action is	55
barred to any person or the person's legal representative if the	56
person has been convicted of or has pleaded guilty to a felony, or	57
to a misdemeanor that is an offense of violence, arising out of	58
criminal conduct that was a proximate cause of the injury or loss	59
for which relief is claimed in the action.	60

(3) Division (B) of this section does not apply to civil	61
claims based upon alleged intentionally tortious conduct, alleged	62
violations of the United States Constitution, or alleged	63
violations of statutes of the United States pertaining to civil	64
rights.	65

Sec. 2307.61.  (A) If a property owner brings a civil action	66
pursuant to division (A) ofdivision (A) of section 2307.60 of the	67
Revised Code to recover damages from any person who willfully	68
damages the owner's property or who commits a theft offense, as	69
defined in section 2913.01 of the Revised Code, involving the	70
owner's property, the property owner may recover as follows:	71

(1) In the civil action, the property owner may elect to	72
recover moneys as described in division (A)(1)(a) or (b) of this	73
section:	74

(a) Compensatory damages that may include, but are not	75
limited to, the value of the property and liquidated damages in	76
whichever of the following amounts applies:	77

(i) Fifty dollars, if the value of the property was fifty	78
dollars or less at the time it was willfully damaged or was the	79
subject of a theft offense;	80

(ii) One hundred dollars, if the value of the property was	81
more than fifty dollars, but not more than one hundred dollars, at	82
the time it was willfully damaged or was the subject of a theft	83
offense;	84

(iii) One hundred fifty dollars, if the value of the	85
property was more than one hundred dollars at the time it was	86
willfully damaged or was the subject of a theft offense.	87

(b) Liquidated damages in whichever of the following amounts	88
is greater:	89

(i) Two hundred dollars;

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(ii) Three times the value of the property at the time it	91
was willfully damaged or was the subject of a theft offense,	92
irrespective of whether the property is recovered by way of	93
replevin or otherwise, is destroyed or otherwise damaged, is	94
modified or otherwise altered, or is resalable at its full market	95
price. This division does not apply to a check, negotiable order	96
of withdrawal, share draft, or other negotiable instrument that	97
was returned or dishonored for insufficient funds by a financial	98
institution if the check, negotiable order of withdrawal, share	99
draft, or other negotiable instrument was presented by an	100
individual borrower to a check-cashing business licensed pursuant	101
to sections 1315.35 to 1315.44 of the Revised Code for a	102
check-cashing loan transaction.	103

(2) In a civil action in which the value of the property	104
that was willfully damaged or was the subject of a theft offense	105
is less than five thousand dollars, the property owner may recover	106
damages as described in division (A)(1)(a) or (b) of this section	107
and additionally may recover the reasonable administrative costs,	108
if any, of the property owner that were incurred in connection	109
with actions taken pursuant to division (A)(2) of this section,	110
the cost of maintaining the civil action, and reasonable	111
attorney's fees, if all of the following apply:	112

(a) The property owner, at least thirty days prior to the	113
filing of the civil action, serves a written demand for payment of	114
moneys as described in division (A)(1)(a) of this section and the	115
reasonable administrative costs, if any, of the property owner	116
that have been incurred in connection with actions taken pursuant	117
to division (A)(2) of this section, upon the person who willfully	118
damaged the property or committed the theft offense.	119

(b) The demand conforms to the requirements of division (C)	120
of this section and is sent by certified mail, return receipt	121
requested.	122

(c) Either the person who willfully damaged the property or	123
committed the theft offense does not make payment to the property	124
owner of the amount specified in the demand within thirty days	125
after the date of its service upon that person and does not enter	126
into an agreement with the property owner during that thirty-day	127
period for that payment or the person who willfully damaged the	128
property or committed the theft offense enters into an agreement	129
with the property owner during that thirty-day period for that	130
payment but does not make that payment in accordance with the	131
agreement.	132

(B) If a property owner who brings a civil action pursuant	133
to division (A) ofdivision (A) of section 2307.60 of the Revised	134
Code to recover damages for willful damage to property or for a	135
theft offense attempts to collect the reasonable administrative	136
costs, if any, of the property owner that have been incurred in	137
connection with actions taken pursuant to division (A)(2) of this	138
section, the cost of maintaining the civil action, and reasonable	139
attorney's fees under authority of that division and if the	140
defendant prevails in the civil action, the defendant may recover	141
from the property owner reasonable attorney's fees, the cost of	142
defending the civil action, and any compensatory damages that may	143
be proven.	144

(C) For purposes of division (A)(2) of this section, a	145
written demand for payment shall include a conspicuous notice to	146
the person upon whom the demand is to be served that indicates all	147
of the following:	148

(1) The willful property damage or theft offense that the	149
person allegedly committed;	150

(2) That, if the person makes payment of the amount	151
specified in the demand within thirty days after its service upon	152
the person or enters into an agreement with the property owner	153
during that thirty-day period for that payment and makes that	154
payment in accordance with the agreement, the person cannot be	155
sued by the property owner in a civil action in relation to the	156
willful property damage or theft offense;	157

(3) That, if the person fails to make payment of the amount	158
specified in the demand within thirty days after the date of its	159
service upon the person and fails to enter into an agreement for	160
that payment with the property owner during that thirty-day period	161
or enters into an agreement for that payment with the property	162
owner during that thirty-day period but does not make that payment	163
in accordance with the agreement, the person may be sued in a	164
civil action in relation to the willful property damage or theft	165
offense;	166

(4) The potential judgment that the person may be required	167
to pay if the person is sued in a civil action in relation to the	168
willful property damage or theft offense and judgment is rendered	169
against the person in that civil action;	170

(5) That, if the person is sued in a civil action by the	171
property owner in relation to the willful property damage or theft	172
offense, if the civil action requests that the person be required	173
to pay the reasonable administrative costs, if any, of the	174
property owner that have been incurred in connection with actions	175
taken pursuant to division (A)(2) of this section, the cost of	176
maintaining the action, and reasonable attorney's fees, and if the	177
person prevails in the civil action, the person may recover from	178
the property owner reasonable attorney's fees, the cost of	179
defending the action, and any compensatory damages that can be	180
proved.	181

(D) If a property owner whose property was willfully damaged	182
or was the subject of a theft offense serves a written demand for	183
payment upon a person who willfully damaged the property or	184
committed the theft offense and if the person makes payment of the	185
amount specified in the demand within thirty days after the date	186
of its service upon the person or the person enters into an	187
agreement with the property owner during that thirty-day period	188
for that payment and makes payment in accordance with the	189
agreement, the property owner shall not file a civil action	190
against the person in relation to the willful property damage or	191
theft offense.	192

(E) If a property owner whose property was willfully damaged	193
or was the subject of a theft offense serves a written demand for	194
payment upon a person who willfully damaged the property or	195
committed the theft offense and if the person, within thirty days	196
after the date of service of the demand upon the person, enters	197
into an agreement with the property owner for the payment of the	198
amount specified in the demand but does not make that payment in	199
accordance with the agreement, the time between the entering of	200
the agreement and the failure to make that payment shall not be	201
computed as any part of the period within which a civil action	202
based on the willful property damage or theft offense must be	203
brought under the Revised Code.	204

(F) A civil action to recover damages for willful property	205
damage or for a theft offense may be joined with a civil action	206
that is brought pursuant to Chapter 2737. of the Revised Code to	207
recover the property. If the two actions are joined, any	208
compensatory damages recoverable by the property owner shall be	209
limited to the value of the property.	210

(G)(1) In a civil action to recover damages for willful	211
property damage or for a theft offense, the trier of fact may	212
determine that an owner's property was willfully damaged or that a	213
theft offense involving the owner's property has been committed,	214
whether or not any person has pleaded guilty to or has been	215
convicted of any criminal offense or has been adjudicated a	216
delinquent child in relation to any act involving the owner's	217
property.	218

(2) This section does not affect the prosecution of any	219
criminal action or proceeding or any action to obtain a delinquent	220
child adjudication in connection with willful property damage or a	221
theft offense.	222

(H) As used in this section:

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(1) "Administrative costs" includes the costs of written	224
demands for payment and associated postage under division (A)(2)	225
of this section.	226

(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	228
sale by a mercantile establishment, irrespective of whether the	229
property is destroyed or otherwise damaged, is modified or	230
otherwise altered, or otherwise is not resalable at its full	231
market price;	232

(b) The face value of any check or other negotiable	233
instrument that is not honored due to insufficient funds in the	234
drawer's account, the absence of any drawer's account, or another	235
reason, and all charges imposed by a bank, savings and loan	236
association, credit union, or other financial institution upon the	237
holder of the check or other negotiable instrument;	238

(c) The replacement value of any property not described in	239
division (H)(1) or (2) of this section.	240

Section 2. That all existing versions of sections 2307.60 and	241
2307.61 of the Revised Code are hereby repealed.	242

Section 3. It is the intent of this act to reenact the	243
changes to section 2307.60 of the Revised Code that were enacted	244
by Am. Sub. H.B. 350 of the 121st General Assembly, 146 Ohio Laws	245
3867, and amended by Sub. H.B. 547 of the 122nd General Assembly,	246
147 Ohio Laws 4392. It is also the intent of this act to reenact	247
the changes to section 2307.61 of the Revised Code that were	248
enacted by Am. Sub. H.B. 350 of the 121st General Assembly, 146	249
Ohio Laws 3867, and retain the amendments to that section as made	250
by Sub. H.B. 294 of the 123rd General Assembly, 148 Ohio Laws	251
_____. This action is in conformity with the Supreme Court of	252
Ohio's decisions in State, ex rel. Ohio Academy of Trial Lawyers	253
v. Sheward (1999), 86 Ohio St.3d 451, and Stevens v. Ackman	254
(2001), 91 Ohio St.3d 182, and is intended to clarify the status	255
of the law.	256